Common use of Reliance by Holders of Senior Clause in Contracts

Reliance by Holders of Senior. Indebtedness 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 4 contracts

Samples: Indenture (Glenoit Asset Corp), Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co

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Reliance by Holders of Senior. Indebtedness Debt of a Guarantor 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 Debt of the Companya Guarantor, whether such Senior Indebtedness Debt 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 Debt and such holder of such Senior Indebtedness Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior IndebtednessDebt.

Appears in 3 contracts

Samples: Harborside Healthcare Corp, Sailors Inc, Harborside Healthcare Corp

Reliance by Holders of Senior. Indebtedness on --------------------------------------------- Subordination Provisions. Each Securityholder Noteholder 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 2 contracts

Samples: Iron Age Corp, BGF Industries Inc

Reliance by Holders of Senior. Indebtedness of --------------------------------------------- Guarantors on --------------------------------------------- Subordination Provisions. Each Securityholder by accepting a --------------------------------------- Security ------------------------- acknowledges and agrees that the foregoing subordination provisions are, and 103 are intended to be, an inducement and a consideration to each holder of any Senior Indebtedness of the Companyany Guarantor, 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: Blum Capital Partners Lp, Cbre Holding Inc

Reliance by Holders of Senior. Indebtedness 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 Companyany Subsidiary Guarantor, 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: Subsidiary Guaranty Agreement (Chippac Inc), Delco Remy International Inc

Reliance by Holders of Senior. Indebtedness on --------------------------------------------- Subordination Provisions. Each Securityholder Noteholder 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 Companyany Note Guarantor, 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 2 contracts

Samples: Indenture (Global Imaging Systems Inc), BGF Industries Inc

Reliance by Holders of Senior. Indebtedness 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 CompanyIssuer, 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: Chippac LTD

Reliance by Holders of Senior. Indebtedness 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 1 contract

Samples: Indenture (DR Sales Inc)

Reliance by Holders of Senior. Indebtedness 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 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 (Commercial Aggregates Transportation & Sales LLC)

Reliance by Holders of Senior. Indebtedness 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 1 contract

Samples: Chippac LTD

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 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: Wiser Marketing Co

Reliance by Holders of Senior. Indebtedness on --------------------------------------------- Subordination Provisions. Each Securityholder Noteholder 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 either 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: Advanced Glassfiber Yarus LLC

Reliance by Holders of Senior. Indebtedness 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 CompanyCompany or Sub Co-Issuer, 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: Armkel LLC

Reliance by Holders of Senior. Indebtedness 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 1 contract

Samples: Delco Remy International Inc

Reliance by Holders of Senior. Indebtedness of a ----------------------------------------------- Subsidiary Guarantor 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 Companya Subsidiary Guarantor, 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 (Telecorp PCS Inc)

Reliance by Holders of Senior. Indebtedness of a ----------------------------------------------- Subsidiary Guarantor 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 Companya Subsidiary Guarantor, 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: Telecorp Tritel Holding Co

Reliance by Holders of Senior. Indebtedness on --------------------------------------------- Subordination Provisions. Each Securityholder by accepting a Security ------------------------- acknowledges shall be ------------------------ deemed to acknowledge and agrees agree that the foregoing subordination provisions of this Article X 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 acquire, hold, or to continue to hold, such Senior Indebtedness and such each holder of such Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to holdor holding, or in continuing to hold, such Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Dan River Inc /Ga/)

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Reliance by Holders of Senior. Indebtedness of a Subsidiary ---------------------------------------------------------- Guarantor on --------------------------------------------- Subordination Provisions. Each Securityholder 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 Companya Subsidiary Guarantor, 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 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 Companyany Subsidiary Guarantor, 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: Subsidiary Guaranty Agreement (Chippac LTD)

Reliance by Holders of Senior. Indebtedness on --------------------------------------------- Subordination Provisions. Each Securityholder 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 CompanyIndebtedness, 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: Chirex Inc

Reliance by Holders of Senior. Indebtedness 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 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.

Appears in 1 contract

Samples: Supplemental Indenture (Premier Parks Inc)

Reliance by Holders of Senior. Indebtedness on --------------------------------------------- Subordination Provisions. Each Securityholder 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 CompanyIndebtedness, 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: Plains All American Pipeline Lp

Reliance by Holders of Senior. Indebtedness 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 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.

Appears in 1 contract

Samples: Applied Business Telecommunications

Reliance by Holders of Senior. Indebtedness 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 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 131 acquiring and continuing to hold, or in continuing to hold, such Senior Indebtedness.

Appears in 1 contract

Samples: 21st Century Telecom Group Inc

Reliance by Holders of Senior. Indebtedness of a ----------------------------------------------- Guarantor 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 Companya Guarantor, 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: Eagle Family Foods Inc

Reliance by Holders of Senior. Indebtedness of the ------------------------------------------------- Subsidiary Guarantors 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 CompanySubsidiary Guarantors, 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: Wiser Marketing Co

Reliance by Holders of Senior. Indebtedness of a Note ---------------------------------------------------- Guarantor 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 Companya Note Guarantor, 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 (Commercial Aggregates Transportation & Sales LLC)

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