Common use of RELIANCE OF HOLDERS OF SENIOR DEBT Clause in Contracts

RELIANCE OF HOLDERS OF SENIOR DEBT. Each holder of Subordinated Debt by its acceptance thereof shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the creation of Subordinated Debt, to acquire and hold, or to continue to hold, such Senior Debt, and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Debt.

Appears in 3 contracts

Samples: Note and Stock Purchase Agreement (Niagara Corp), Senior Subordinated Note and Warrant Purchase Agreement (Hutchinson Products Corp), Subordination Agreement (Aquagenix Inc/De)

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RELIANCE OF HOLDERS OF SENIOR DEBT. Each holder of Subordinated Debt by its acceptance thereof shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the creation of Subordinated Debt, to acquire and hold, or to continue to hold, such Senior Debt, and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Debt. The holders of Senior Debt shall be third-party beneficiaries of this Article 8.

Appears in 1 contract

Samples: Note Purchase Agreement (Omniquip International Inc)

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RELIANCE OF HOLDERS OF SENIOR DEBT. ACKNOWLEDGMENT. Each holder of Subordinated Debt by its acceptance thereof shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the creation of Subordinated Debt, to acquire and hold, or to continue to hold, such Senior Debt, and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Debt.

Appears in 1 contract

Samples: Note Agreement (World Almanac Education Group Inc)

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