Common use of Reliance by Holders of Senior Indebtedness on Subordination Clause in Contracts

Reliance by Holders of Senior Indebtedness on Subordination. Each Holder by accepting a Security acknowledges and 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 issuance of the Securities, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such 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: Indenture (Actuant Corp), Indenture (Actuant Corp)

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Reliance by Holders of Senior Indebtedness on Subordination. Provisions. Each Holder Noteholder by accepting a Security acknowledges and 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 Company, whether such Senior Indebtedness was created or acquired before or after the issuance of the Securities, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such 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: Indenture (Wki Holding Co Inc)

Reliance by Holders of Senior Indebtedness on Subordination. Provisions. Each Holder by accepting a Subordinated Debt Security acknowledges ---------- and 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 Indebtedness, whether such Senior Indebtedness was created or acquired before or after the issuance of the Subordinated Debt Securities, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such 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: Indenture (Electronic Data Systems Corp /De/)

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Reliance by Holders of Senior Indebtedness on Subordination. Each Holder by accepting a Security Note acknowledges and 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 issuance of the SecuritiesNotes, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such 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.. ARTICLE TWELVE

Appears in 1 contract

Samples: Indenture (Applied Power Inc)

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