Common use of Securities Subordinated to Senior Debt Clause in Contracts

Securities Subordinated to Senior Debt. The Company, for itself, its successors and assigns, covenants and agrees, and each Holder of any Securities, by his or its acceptance thereof, likewise covenants and agrees, that the indebtedness evidenced by the Securities (and any renewals or extensions thereof), including the principal of, premium, if any, and interest thereon and any interest payable on such interest, and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right of payment, to the extent and in the manner hereinafter set forth, to the prior payment in full of all Senior Debt, and that each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Securities.

Securities Subordinated to Senior Debt. The Company, for itself, its successors and assigns, Company covenants and agrees, and each Holder of any the Securities, by his or its acceptance thereof, likewise covenants and agrees, that all Securities shall be issued subject to the indebtedness evidenced provisions of this ARTICLE 13; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Securities by the Securities (and any renewals or extensions thereof), including the principal of, premium, if any, and interest thereon and any interest payable on such interest, and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right of paymentshall, to the extent and in the manner hereinafter herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents (or such payment shall be duly provided for to the satisfaction of the holders of the Senior Debt) of all Obligations on the Senior Debt; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Debt and that each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the SecuritiesIndenture.

Securities Subordinated to Senior Debt. The Company, for itself, its successors and assigns, covenants and agrees, and each Holder of any Securities, by his or its acceptance thereof, likewise covenants and agrees, that the indebtedness evidenced by the Securities (and any renewals or extensions thereof), including the principal ofall Contingent Payments, premium, if any, and interest thereon any Make-Whole Amount and any interest payable on such interestContingent Payments and any Make-Whole Amount, and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right of payment, to the extent and in the manner hereinafter set forth, to the prior payment in full in cash or Cash Equivalents of all Obligations in respect of Senior Debt, and that each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Securities.

Securities Subordinated to Senior Debt. The Company, for itself, its successors and assigns, covenants and agrees, and each Holder of any Securities, by his or its acceptance thereof, likewise covenants and agrees, that the indebtedness evidenced by the Securities (and any renewals or extensions thereof), including the principal of, premium, if any, and interest (including Contingent Payments and any Make-Whole Amount) thereon and any interest payable on such interestinterest (including Contingent Payments and any Make-Whole Amount), and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right of payment, to the extent and in the manner hereinafter set forth, to the prior payment in full in cash or Cash Equivalents of all Obligations in respect of Senior Debt, and that each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Securities.

Securities Subordinated to Senior Debt. The CompanyIssuer, for itself, itself and its successors and assignssuccessors, covenants and agrees, agrees and the Trustee and each Holder of any the Securities, by his or its acceptance thereof, likewise covenants and agrees, that all Securities shall be issued subject to the indebtedness evidenced provisions of this Article Ten; and the Trustee and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Securities by the Securities (and any renewals or extensions thereof), including the principal of, premium, if any, and interest thereon and any interest payable on such interest, and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right of paymentIssuer shall, to the extent and in the manner hereinafter herein set forth, be subordinated and junior in right of payment to the prior payment and satisfaction in full in cash of all Obligations on the Senior Debt; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Debt, and that each holder of Senior Debt Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed guaranteed, shall be deemed to have acquired such Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Securities.

Securities Subordinated to Senior Debt. The Company, for itself, its successors and assigns, covenants and agrees, and each Holder of any Securities, by his or its acceptance thereof, likewise covenants and agrees, that the indebtedness evidenced by the Securities (and any renewals or extensions thereof), including the principal of, premium, if any, and interest (including Contingent Payments) thereon and any interest payable on such interestinterest (including Contingent Payments), and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right of payment, to the extent and in the manner hereinafter set forth, to the prior payment in full in cash or Cash Equivalents of all Obligations in respect of Senior Debt, and that each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Securities.

Securities Subordinated to Senior Debt. The Company, for itself, its successors Issuer and assigns, each Subsidiary Guarantor covenants and agrees, and each Holder of any the Securities, by his or its acceptance thereof, likewise covenants and agrees, that all Securities shall be issued subject to the indebtedness evidenced by provisions of this Article 13; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that, notwithstanding the existence of, or the time, order or method of attachment, perfection, filing or recording of, any lien or security interest (a) the right of each Holder to payment of the Obligations on the Securities (and any renewals or extensions thereof), including the principal of, premium, if any, and interest thereon and any interest payable on such interest, and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right from Proceeds of paymentCollateral shall, to the extent and in the manner hereinafter herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash of all Obligations on or in respect of the Senior Debt; (b) the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Debt, including their Representative, and that (c) each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Securities.

Securities Subordinated to Senior Debt. The Company, for --------------------------------------- itself, its successors and assigns, covenants and agrees, and each Holder of any Securities, by his or its acceptance thereof, likewise covenants and agrees, that the indebtedness evidenced by the Securities (and any renewals or extensions thereof), including the principal of, premium, if any, and interest (including Contingent Payments and any Make-Whole Amount) thereon and any interest payable on such interestinterest (including Contingent Payments and any Make-Whole Amount), and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right of payment, to the extent and in the manner hereinafter set forth, to the prior payment in full in cash or Cash Equivalents of all Obligations in respect of Senior Debt, and that each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Securities.

Securities Subordinated to Senior Debt. The Company, for itself, its successors and assigns, Company covenants and agrees, and the Trustee and each Holder of any Securities, the Securities by his or its acceptance thereof likewise covenant and agree, (i) that all Securities shall be issued subject to the provisions of this Article Eight; and the Trustee and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, likewise covenants accepts and agrees, agrees that the indebtedness evidenced payments of all Obligations on the Securities or under this Indenture by the Securities (and any renewals or extensions thereof), including the principal of, premium, if any, and interest thereon and any interest payable on such interest, and requirements that the Company make repurchases or redemptions shall be subordinate and subject in right of paymentshall, to the extent and in the manner hereinafter set forthforth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on Senior Debt of the Company, whether outstanding on the Issue Date or thereafter incurred, including, without limitation, the Company's Obligations under the Credit Facility, and (ii) that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Debt, and that each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Securities.