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 4), the payment of the principal of (and premium, if any) and interest on the Securities and any other obligations in respect of the Securities (including any obligation to repurchase Securities) are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt of the Company.

Appears in 5 contracts

Samples: Subordinated Indenture (Eastern Environmental Services Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc)

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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 4Four), the indebtedness represented by the Securities and the payment of the principal of (and premium, if any) and interest on the Securities on, and any other obligations in payment of the Repurchase Price with respect to, each and all of the Securities (including any obligation to repurchase Securities) are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt of the CompanyDebt.

Appears in 2 contracts

Samples: Indenture (Siebel Systems Inc), Indenture (Digital Island 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 4), the payment of the principal of (and of, premium, if any) , and interest on the Securities and any other obligations in respect of the Securities (including any obligation to repurchase Securities) are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt of the Company.

Appears in 1 contract

Samples: Subordinated Indenture (Allied Waste Industries Inc)

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 4Four), the indebtedness represented by the Securities and the payment of ------------ the principal of (and premium, if any) and interest on the Securities and any other obligations in payment of the Repurchase Price with respect to, each and all of the Securities (including any obligation to repurchase Securities) are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt of the CompanyDebt.

Appears in 1 contract

Samples: Indenture (Medarex Inc)

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 4)XII, the payment of the principal of (and premium, if any) any premium and interest (including any Additional Interest) on the Securities each and any other obligations in respect all of the Securities (including any obligation to repurchase Securities) are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt Debt. Notwithstanding anything herein to the contrary, the Securities shall be senior to the trade debt of the CompanyCompany incurred in the ordinary course of business.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Morgans Hotel Group Co.)

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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 4Four and Section 1008), the payment of the principal of (and premium, if any) and interest on the Securities each and any other obligations in respect all of the Securities (including any obligation to repurchase amounts payable upon a purchase of the Securities) are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt of the CompanyDebt.

Appears in 1 contract

Samples: Indenture (Solutia 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 4Four), the indebtedness represented by the Securities and the payment of ------------ the principal of (and premium, if any) and interest on the Securities and any other obligations in payment of the Repurchase Price with respect to, each and all of the Securities (including any obligation to repurchase Securities) are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt of the CompanyDebt.

Appears in 1 contract

Samples: Indenture (Medarex Inc)

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