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
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/)
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
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
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)