Reliance by Holders of Senior Indebtedness on Subordination Provisions. The Noteholders acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Indebtedness of the Company, whether such Senior Indebtedness was created or acquired before or after the Closing Date, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such holders of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Indebtedness.
Appears in 2 contracts
Samples: Note Purchase Agreement (Smith & Wollensky Restaurant Group Inc), Note Purchase Agreement (New York Restaurant Group Inc)
Reliance by Holders of Senior Indebtedness on Subordination Provisions. The Noteholders acknowledge Company acknowledges and agree agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Indebtedness of the Company, whether such Senior Indebtedness was created or acquired before or after the Closing Date, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such holders holder of such Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Indebtedness.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Us Solartech Inc), Securities Purchase Agreement (Us Solartech Inc)
Reliance by Holders of Senior Indebtedness on Subordination Provisions. The Noteholders acknowledge Each Holder by accepting a Debenture acknowledges and agree agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Indebtedness of the Company, whether such Senior Indebtedness was created or acquired before or after the Closing Dateissuance of the Debentures, to acquire and continue to hold, or to continue to hold, hold such Senior Indebtedness and such holders holder of such Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, hold such Senior Indebtedness.
Appears in 2 contracts
Reliance by Holders of Senior Indebtedness on Subordination Provisions. The Noteholders acknowledge Each Lender acknowledges and agree agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Indebtedness of the CompanyIndebtedness, whether such Senior Indebtedness was created or acquired before or after the Closing Date, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such holders holder of such Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Indebtedness.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Premdor Finace LLC)