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

Reliance by Holders of Senior Indebtedness. of the ------------------------------------------------- Company on Subordination Provisions. Each Securityholder 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 3 contracts

Samples: Indenture (Fs Equity Partners Iii Lp), Blum Capital Partners Lp, Cbre Holding Inc

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Reliance by Holders of Senior Indebtedness. of the ------------------------------------------------- Company on --------------------------------------------- Subordination Provisions. Each Securityholder 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 Obligor Senior Indebtedness of the Companyany Guarantor, whether such Obligor 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 Obligor Senior Indebtedness and such holder of such Obligor 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 Obligor Senior Indebtedness.

Appears in 1 contract

Samples: Dynatech Corp

Reliance by Holders of Senior Indebtedness. of the ------------------------------------------------- Company on --------------------------------------------- Subordination Provisions. Each Securityholder 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.. 121

Appears in 1 contract

Samples: Dynatech Corp

Reliance by Holders of Senior Indebtedness. of the ------------------------------------------------- Company on Subordination ProvisionsON ---------------------------------------------- SUBORDINATION PROVISIONS. Each Securityholder 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 1 contract

Samples: Marson Creative Fastener Inc

Reliance by Holders of Senior Indebtedness. of the ------------------------------------------------- Company on Subordination ----------------------------------------------------------- Provisions. ---------- Each Securityholder 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 CompanyIndebtedness, 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, and no amendment or modification of the provisions contained herein shall diminish the rights of such holders of Senior Indebtedness unless such holders shall have agreed in writing thereto.

Appears in 1 contract

Samples: Bea Systems Inc

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Reliance by Holders of Senior Indebtedness. of the ------------------------------------------------- Company on --------------------------------------------- Subordination Provisions. Each Securityholder 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.

Appears in 1 contract

Samples: Avalon Rehabilitation & Healthcare LLC

Reliance by Holders of Senior Indebtedness. of the ------------------------------------------------- Company on Subordination ----------------------------------------------------------- Provisions. Each Securityholder 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 CompanyIndebtedness, 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, and no amendment or modification of the provisions contained herein shall diminish the rights of such holders of Senior Indebtedness unless such holders shall have agreed in writing thereto.

Appears in 1 contract

Samples: Indenture (Exodus Communications Inc)

Reliance by Holders of Senior Indebtedness. of the ------------------------------------------------- Company on --------------------------------------------- Subordination Provisions. Each Securityholder 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 CompanyIssuers, 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.

Appears in 1 contract

Samples: Jafra Cosmetics International Sa De Cv

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