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 Four), the indebtedness represented by the Securities and the payment of the principal of (and premium, if any) and interest on each and all of the Securities and any payment of the Repurchase Price (other than by delivery of shares of Common Stock) are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.
Appears in 6 contracts
Samples: Indenture (Interim Services Inc), Indenture (Uromed Corp), Cuc International Inc /De/
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 Four4), the indebtedness represented by the Securities and the payment of the principal of (and premium, if any) and interest on each and all of the Securities and any payment other obligations in respect of the Repurchase Price Securities (other than by delivery of shares of Common Stockincluding 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 DebtDebt of the Company.
Appears in 5 contracts
Samples: Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc), Allied Waste Industries 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 Four), the indebtedness represented by the Securities and the payment of the principal of (and premium, if any) and interest on each and all of the Securities on, and any payment of the Repurchase Price (other than by delivery with respect to, each and all of shares of Common Stock) the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.
Appears in 2 contracts
Samples: Digital Island Inc, Siebel Systems Inc
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 Four), Three) the indebtedness represented by the Securities and the payment of ------------- the principal of (and premium, if any) and interest on each and all of the Securities on, and any payment of the Repurchase Price (other than by delivery with respect to, each and all of shares of Common Stock) the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or Cash Equivalents of all Senior Debt.
Appears in 1 contract
Samples: 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 Four), the indebtedness represented by the Securities and the payment of the principal of (and premium, if any) and interest on each and all of the Securities Liquidated Damages, if any, on, and any payment of the Repurchase Price (other than by delivery with respect to, each and all of shares of Common Stock) the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.
Appears in 1 contract
Samples: I2 Technologies 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 Four), the indebtedness represented by the Securities and the payment of ------------ the principal of (and premium, if any) and interest on each and all of the Securities and any payment of the Repurchase Price (other than by delivery with respect to, each and all of shares of Common Stock) the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.
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 Four), the indebtedness represented by the Securities and the payment of ------------ the principal of (and premium, if any) and interest on each and all of the Securities and any payment of the Repurchase Price (other than by delivery with respect to, each and all of shares of Common Stock) the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.
Appears in 1 contract
Samples: Medarex Inc