Common use of Securities by Plan of Reorganization or Readjustment Clause in Contracts

Securities by Plan of Reorganization or Readjustment. Notwithstanding the foregoing provisions of (S)6.1, the Subordinating Creditor shall be entitled to receive and retain any securities of the Borrower or any other corporation or other entity provided for by a plan of reorganization or readjustment (a) the payment of which securities is subordinate, at least to the extent provided in this Agreement with respect to Subordinated Debt, to the payment of all Senior Debt under any such plan of reorganization or readjustment and (b) all other terms of which are acceptable to the Banks and the Agent.

Appears in 3 contracts

Samples: Annual Report (Chart House Enterprises Inc), Subordination Agreement (Chart House Enterprises Inc), Subordination Agreement (Chart House Enterprises Inc)

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Securities by Plan of Reorganization or Readjustment. Notwithstanding the foregoing provisions of (S)6.1SECTION 6.1, the Subordinating Creditor Creditors shall be entitled to receive and retain any securities of the Borrower or any other corporation or other entity provided for by a plan of reorganization or readjustment (ai) the payment of which securities is subordinate, at least to the extent provided in this Agreement with respect to Subordinated Debt, to the payment of all Senior Debt under any such plan of reorganization or readjustment and (bii) all other terms of which are reasonably acceptable to the Banks Lenders and the Agent.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Prentice Capital Management, LP), Securities Purchase Agreement (Sac Capital Advisors LLC)

Securities by Plan of Reorganization or Readjustment. Notwithstanding the foregoing provisions of (S)6.1Section 6.1, the each Subordinating Creditor shall be entitled to receive and retain any securities of the Borrower or any other corporation or other entity provided for by a plan of reorganization or readjustment (a) the payment of which securities is subordinate, subordinate at least to the extent provided in this Agreement with respect to Subordinated Debt, to the payment of all Senior Debt under any such plan of reorganization or readjustment and (b) all other terms of which are acceptable to the Banks and the Agent.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Stride & Associates Inc)

Securities by Plan of Reorganization or Readjustment. Notwithstanding the foregoing provisions of (S)6.1§6.1, the Subordinating Creditor shall be entitled to receive and retain any securities of the Borrower or any other corporation or other entity provided for by a plan of reorganization or readjustment (a) the payment of which securities is subordinate, at least to the extent provided in this Agreement with respect to Subordinated Debt, to the payment of all Senior Debt under any such plan of reorganization or readjustment and (b) all other terms of which are acceptable to the Banks and the Agent.

Appears in 1 contract

Samples: Subordination Agreement (Fargo Electronics Inc)

Securities by Plan of Reorganization or Readjustment. Notwithstanding the foregoing provisions of (S)6.1§6.1, the Subordinating Creditor shall be entitled to receive and retain any securities of the Borrower or any other corporation or other entity provided for by a plan of reorganization or readjustment (a) the payment of which securities is subordinate, at least to the extent provided in this Intercreditor Agreement with respect to Subordinated Debt, to the payment of all Senior Debt under any such plan of reorganization or readjustment and (b) all other terms of which are acceptable to the Banks Revolving Credit Lenders and the Agent.

Appears in 1 contract

Samples: Intercreditor Agreement (Gander Mountain Co)

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Securities by Plan of Reorganization or Readjustment. Notwithstanding the foregoing provisions of (S)6.1Section 6.1, the Subordinating Creditor Creditors shall be entitled to receive and retain any securities of the Borrower or any other corporation or other entity provided for by a plan of reorganization or readjustment (ai) the payment of which securities is subordinate, at least to the extent provided in this Agreement with respect to Subordinated Debt, to the payment of all Senior Debt under any such plan of reorganization or readjustment and (bii) all other terms of which are reasonably acceptable to the Banks Lenders and the Agent.

Appears in 1 contract

Samples: Subordination Agreement (Wet Seal Inc)

Securities by Plan of Reorganization or Readjustment. Notwithstanding the foregoing provisions of (S)6.1§6.1, the Subordinating Creditor Creditors shall be entitled to receive and retain any securities of the Borrower or any other corporation or other entity provided for by a plan of reorganization or readjustment (ai) the payment of which securities is subordinate, at least to the extent provided in this Agreement with respect to Subordinated Debt, to the payment of all Senior Debt under any such plan of reorganization or readjustment and (bii) all other terms of which are acceptable to the Banks Lenders and the Agent.

Appears in 1 contract

Samples: Subordination Agreement (Wet Seal Inc)

Securities by Plan of Reorganization or Readjustment. Notwithstanding the foregoing provisions of (S)6.1S).6.1, the Subordinating Creditor shall be entitled to receive and retain any securities of the Borrower or any other corporation or other entity provided for by a plan of reorganization or readjustment (a) the payment of which securities is subordinate, at least to the extent provided in this Agreement with respect to Subordinated Debt, to the payment of all Senior Debt under any such plan of reorganization or readjustment and (b) all other terms of which are acceptable to the Banks and the Agent.

Appears in 1 contract

Samples: Subordination Agreement (Chart House Enterprises Inc)

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