Common use of Securities Subordinate to Senior Debt Clause in Contracts

Securities Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a Security, by his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article (subject to the provisions of Article IV), the indebtedness represented by the Securities, and the payment of the principal of, interest on and all other amounts, if any, owing with respect to each and all of the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or other immediately available funds of all Senior Debt of the Company.

Appears in 4 contracts

Samples: Indenture (MRV Communications Inc), Indenture (Rite Aid Corp), America Online Inc

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Securities Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a Security, Security by his acceptance thereof, thereof likewise covenants and agrees, that, that to the extent and in the manner hereinafter set forth in this Article (subject to the provisions of Article IV), Three) the indebtedness represented by the Securities, Securities and the payment of the principal of, interest on of (and all other amountspremium, if any) and interest on, owing and any payment of the Repurchase Price with respect to to, each and all of the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or other immediately available funds Cash Equivalents of all Senior Debt of the CompanyDebt.

Appears in 3 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Asm International N V, Cell Therapeutics Inc

Securities Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a Security, by his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article (subject to the provisions of Article IVFour), the indebtedness represented by the Securities, Securities and the payment of the principal of, interest on of (and all other amountspremium, if any) and interest on, owing and any payment of the Repurchase Price with respect to to, each and all of the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or other immediately available funds Cash Equivalents of all Senior Debt of the CompanyDebt.

Appears in 2 contracts

Samples: Indenture (Etoys Inc), Indenture (Etoys Inc)

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Securities Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a Security, by his its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article (subject to the provisions of Article IV), the indebtedness represented by the Securities, and the payment of the principal of, interest on and all other amounts, if any, owing with respect to each and all of the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or other immediately available funds of all Senior Debt of the Company.

Appears in 2 contracts

Samples: Genesco Inc, Aspen Technology Inc /De/

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