Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Issuer, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the Issuer, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer of the Holders of the Securities and creditors of the Issuer other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 14 contracts
Samples: Teva Pharmaceutical Finance Co B.V., Subordinated Debt Indenture (Gazit Group Financial LLC), Teva Pharmaceutical Finance Co B.V.
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 13 contracts
Samples: Indenture (Personnel Group of America Inc), Indenture (Fuisz Technologies LTD), Indenture (Converse Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest (including Liquidated Damages, if any) on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (ciii) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 11 contracts
Samples: Indenture (Advanced Energy Industries Inc), Indenture (Redback Networks Inc), Indenture (Analog Devices Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer of Company or the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 6 contracts
Samples: Indenture (Speedway Motorsports Inc), Purchase Agreement (World Airways Inc /De/), Nexstar Pharmaceuticals Inc
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 6 contracts
Samples: Indenture (Uromed Corp), Indenture (Interim Services Inc), Interim Services Inc
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 6 contracts
Samples: Indenture (United Waste Systems Inc), Indenture (First Nationwide Holdings Inc), Indenture (Alcatel Usa Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities Debentures on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Debentures is intended to or shall (a) impair, as among between the Issuer, its creditors other than holders of Senior Debt Company and the Holders of the SecuritiesDebentures, the obligation obligations of the IssuerCompany, which is are absolute and unconditional, to pay to the Holders of the Securities Debentures the principal of (and premium, if any) and interest (including any Additional Interest) on the Securities Debentures as and when the same shall become due and payable in accordance with their terms; , or (b) affect the relative rights against the Issuer Company of the Holders of the Securities Debentures and creditors of the Issuer Company other than their rights in relation to the holders of Senior Debt; , or (c) prevent the Trustee or the Holder of any Security Debenture from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 5 contracts
Samples: Newfield Financial Trust Ii, Host Marriott Corp/Md, Newell Financial Trust I
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (ciii) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Indenture (Chiron Corp), Cogent Communications Group Inc, Oni Systems Corp
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the Issuer, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any, on) and interest interest, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.
Appears in 2 contracts
Samples: Temple Inland Trust I, Cendant Corp
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (ciii) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder. Section 1207.
Appears in 2 contracts
Samples: Exhibit 4 (Converse Inc), Converse Inc
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders holders of the Securities Subordinated Indebtedness on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this the Subordinated Indenture or in the any Securities is intended to or shall (a) impair, as among between the Issuer, its creditors other than Company and the holders of Senior Debt and the Holders of the SecuritiesSubordinated Indebtedness, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders holders of the Securities the principal of (and premium, if any, on) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this the Subordinated Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Masco Corp /De/), Credit Agreement (Mascotech Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Reptron Electronics Inc, National Data Corp
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the SecuritiesNotes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities Notes the principal of (and premium, if any (including the Make-Whole Payment, if any) ), and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and other creditors of the Issuer Company (other than the holders of Senior Debt); or (ciii) prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Community Health Systems Inc/
Provisions Solely to Define Relative Rights. The provisions of this Article 12 are and are intended solely for the purpose of defining the relative rights of the Holders of the Capital Securities of each series on the one hand and the holders of Senior Debt Creditors on the other hand. Nothing contained in this Article or elsewhere in this Capital Securities Indenture or in the such Capital Securities is intended to or shall (a) impair, as among the Issuer, its creditors other than holders of Senior Debt Company and the Holders of the Capital Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders holders of the Securities such claims the principal of (and of, premium, if any) , and interest Payments, or Missed Payments, if any, on the such Capital Securities as and when the same shall become due and payable in accordance with their termsterms and this Capital Securities Indenture; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer other than the holders of Senior Debtsuch Capital Securities; or (c) prevent the Trustee or the Holder of any Security Capital Securities of the series from exercising all remedies otherwise permitted by applicable law upon default under this Capital Securities Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Creditors to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holderholder.
Appears in 1 contract
Samples: Royal Bank of Scotland Group PLC
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer of Company or the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities distributions otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: American Residential Services Inc
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; , or (b) affect the relative rights against the Issuer of Company or the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; Indebtedness, or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (KCS Energy Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Subordinated Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Subordinated Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Subordinated Indenture (Scottish Power Finance (US) Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) any premium and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Micron Technology Inc
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and of, premium, if any) , and interest Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (ciii) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Realnetworks Inc
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Southern Mineral Corp
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its the creditors of the Company other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, unconditional to pay to the Holders of the Securities the principal of (and of, premium, if any) , and interest (including Liquidated Damages) on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this 84 92 Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (MRV Communications Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Issuer, Company its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: TPG Nv
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (ciii) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under -77- this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Oni Systems Corp
Provisions Solely to Define Relative Rights. The provisions of this Article 15 are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article 15 or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the Issuer, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any, on) and interest interest, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 15 of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.
Appears in 1 contract
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (and premiumincluding Special Interest, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (Reliant Resources Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer of Company or the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract