Common use of Relative Rights Clause in Contracts

Relative Rights. This Article 13 defines the relative rights of Holders and holders of senior indebtedness. Nothing in this Indenture shall: (a) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities in accordance with their terms; (b) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtedness; or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 to pay principal of or interest on a Security on the Final Maturity Date or an Interest Payment Date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Indenture (Bell Microproducts Inc), Indenture (Mgi Pharma Inc), Indenture (Bell Microproducts Inc)

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Relative Rights. This Article 13 11 defines the relative rights of Holders of Notes and holders of senior indebtednessSenior Debt. Nothing in this Indenture shall: : (a1) impair, as between the Company and HoldersHolders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; ; (b2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Debt; or or (c3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this Article 13 11 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Indenture (Neomarkers Inc), Indenture (Genesis Healthcare Corp), Indenture (Neighborcare Inc)

Relative Rights. This Article 13 11 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company Holdings other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this Article 13 11 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Indenture (Osi Pharmaceuticals Inc), Indenture (Province Healthcare Co), Indenture (Regeneron Pharmaceuticals Inc)

Relative Rights. This Article 13 11 defines the relative --------------- rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company Holdings other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this Article 13 11 to pay principal of or interest on a Security Note on the Final Stated Maturity Date or an Interest Payment Datedate, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Resmed Inc), Indenture (Asyst Technologies Inc /Ca/)

Relative Rights. (a) This Article 13 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. . (b) If the Company fails because of this Article 13 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Gfsi Inc), Indenture (Gfsi Inc)

Relative Rights. This Article 13 11 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company Holdings other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this Article 13 11 to pay principal of or interest on a Security Note on the Final Stated Maturity Date or an Interest Payment Datedate, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Vector Group LTD), Indenture (Profit Recovery Group International Inc)

Relative Rights. This Article 13 12 defines the relative rights of Holders and holders of senior indebtednessSenior Debt. Nothing in this Indenture shall: : (a) impair, as between the Company Issuers and Holders, the obligation of the CompanyIssuers, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; ; (b) affect the relative rights of Holders and other creditors of the Company Issuers, other than their Holders' rights in relation to holders of senior indebtednessSenior Debt; or or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to Holders. If the Company fails Issuers fail because of this Article 13 12 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Consoltex Inc/ Ca), Indenture (Consoltex Inc/ Ca)

Relative Rights. This Article 13 11 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: : (a1) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of principal, premium, interest and interest Liquidated Damages, if any, on the Securities Notes in accordance with their terms; ; (b2) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or or (c3) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 11 to pay principal of or principal, premium, interest and Liquidated Damages, if any, on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Planet Hollywood International Inc), Indenture (Ubiquitel Inc)

Relative Rights. This Article 13 Ten defines the relative rights of Holders Noteholders and holders of senior indebtednessSenior Debt. Nothing in this the Indenture shall: : (a) impair, as between the Company and HoldersNoteholders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; ; (b) affect the relative rights of Holders Noteholders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Debt; or or (c) prevent the Trustee or any Holder Noteholder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to HoldersNoteholders. If the Company fails because of this Article 13 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Garden State Newspapers Inc), Indenture (Garden State Newspapers Inc)

Relative Rights. This Article 13 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (a) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities in accordance with their terms; (b) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 to pay principal of or interest on a Security on the Final Maturity Date or an Interest Payment Date, the failure is shall still constitute a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Thoratec Corp)

Relative Rights. This Article 13 11 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (a) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities in accordance with their terms; (b) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 11 to pay principal (other than Permitted Junior Securities) of or interest on a Security on the Final Maturity Date or an Interest Payment Datewhen due hereunder, the failure is shall still constitute a Default or Event of DefaultDefault hereunder, to the same extent as if this Article 11 did not apply.

Appears in 1 contract

Samples: Indenture (Open Solutions Inc)

Relative Rights. This Article 13 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness of the Company. Nothing in this Indenture shall: : (a1) impair, as between the Company and the Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; ; (b2) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness of the Company; or or (c3) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness of the Company set forth herein to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Cpi Holding Corp)

Relative Rights. This Article 13 12 defines the relative rights of Holders and holders of senior indebtednessSenior Debt. Nothing in this Indenture shall: : (a) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; ; (b) affect the relative rights of Holders and other creditors of the Company Company, other than their Holders' rights in relation to holders of senior indebtednessSenior Debt; or or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 12 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Apparel Retailers Inc)

Relative Rights. This Article 13 12 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: : (ai) impair, impair as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, unconditional to pay principal of and interest on the Securities in accordance with their terms; ; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 12 to pay principal of or interest on a Security on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Subordinated Indenture (Conseco Inc Et Al)

Relative Rights. This Article 13 VIII defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: : (a) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities in accordance with their terms; ; (b) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. 104 If the Company fails because of this Article 13 VIII to pay principal of or interest on a Security on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

Relative Rights. This Article 13 12 defines the relative rights --------------- of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: : (a) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities in accordance with their terms; ; (b) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 12 to pay principal of or interest on a Security on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Subordinated Indenture (Acterna Corp)

Relative Rights. This Article 13 11 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this Article 13 11 to pay principal of or interest on a Security Note on the Final Stated Maturity Date date or an Interest Payment Date, as the case may be, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Openwave Systems Inc)

Relative Rights. This Article 13 11 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest (including Liquidated Damages, if any) on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this Article 13 11 to pay principal of or interest on a Security Note on the Final Stated Maturity Date or an Interest Payment Date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Finisar Corp)

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Relative Rights. This Article 13 11 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company Holders other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the notice requirement in Section 6.02 and to rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this 71 Article 13 11 to pay principal of or interest on a Security Note on the Final Stated Maturity Date or an Interest Payment Datedate, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Relative Rights. (a) This Article 13 10 defines the relative rights of Holders and holders of senior indebtednessSenior Debt. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Debt; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to Holders. . (b) If the Company fails because of this Article 13 10 to pay principal of of, premium, if any, or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Kti Inc)

Relative Rights. This Article 13 Eleven defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: : (a) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of principal, premium, interest and interest Liquidated Damages, if any, on the Securities Notes in accordance with their terms; ; (b) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 Eleven to pay principal of or principal, premium, interest and Liquidated Damages, if any, on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Dutchess County Cellular Telephone Co Inc)

Relative Rights. This Article 13 12 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: : (a) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Debt Securities in accordance with their terms; ; (b) affect the relative rights of Holders and other creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or or (c) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 12 to pay principal of or interest on a Security Debt Securities on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Unit Corp)

Relative Rights. This Article 13 10 defines the relative rights of Holders and holders of senior indebtednessSenior Debt. Nothing in this Indenture shall: : (a1) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest and Liquidated Damages, if any, on the Securities Senior Subordinated Notes in accordance with their terms; ; (b2) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Debt; or or (c3) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 10 to pay principal of or interest on a Security or Liquidated Damages, if any, on the Final Maturity Date or an Interest Payment DateSenior Subordinated Notes to a Holder on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Key Plastics Inc)

Relative Rights. This Article 13 12 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: : (ai) impair, impair as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, unconditional to pay principal of and interest on the Securities in accordance with their terms; ; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior 118 Indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 12 to pay principal of or interest on a Security on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.. 119

Appears in 1 contract

Samples: Subordinated Indenture (Conseco Financing Trust X)

Relative Rights. (a) This Article 13 10 defines the relative rights of Holders and holders of senior indebtednessSenior Debt. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Debt; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to Holders. . (b) If the Company fails because of this Article 13 10 to pay principal of of, premium, if any, or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Kti Inc)

Relative Rights. This Article 13 10 defines the relative rights of Holders of Notes and holders of senior indebtednessSenior Debt. Nothing in this Indenture shall: : (a1) impair, as between the Company and HoldersHolders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; ; (b2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Debt; or or (c3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Debt to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this Article 13 10 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.. 186 74

Appears in 1 contract

Samples: Senior Subordinated Note Purchase Agreement (Transtechnology Corp)

Relative Rights. This Article 13 11 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities Notes in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to HoldersHolders of Notes. If the Company fails because of this Article 13 11 to pay principal of or interest on a Security Note on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Osi Pharmaceuticals Inc)

Relative Rights. This Article 13 12 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: (ai) impair, as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Securities in accordance with their terms; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to HoldersHolders of Securities. If the Company fails because of this Article 13 12 to pay principal of or interest on a Security on the Final Maturity Date or an Interest Payment Datedate on which such payment is otherwise due and payable, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Osi Pharmaceuticals Inc)

Relative Rights. This Article 13 12 defines the relative rights of Holders and holders of senior indebtednessSenior Indebtedness. Nothing in this Indenture shall: : (ai) impair, impair as between the Company and Holders, the obligation of the Company, which is absolute and unconditional, unconditional to pay principal of and interest on the Securities in accordance with their terms; ; (bii) affect the relative rights of Holders and creditors of the Company other than their rights in relation to holders of senior indebtednessSenior Indebtedness; or or (ciii) prevent the Trustee or any Holder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of senior indebtedness Senior Indebtedness to receive distributions and payments otherwise payable to Holders. If the Company fails because of this Article 13 12 to pay principal of premium, if any, or interest on a Security on the Final Maturity Date or an Interest Payment Datedue date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Federal Mogul Corp)

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