Common use of Securities Subordinated to Senior Indebtedness Clause in Contracts

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his or her acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Each Holder of a Security, by his or her acceptance thereof, acknowledges and agrees that the provisions of this Article Thirteen shall constitute X are, and are intended to be, an inducement and a continuing offer consideration to all Persons who, in reliance upon on such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior IndebtednessIndebtedness of the Company, and such those holders are made obligees hereunder hereunder, and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one anyone or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Section 4.15 or 11.01) is subordinated, to the extent and in the manner provided in this Article Thirteen12, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, Company and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. Notwithstanding anything contained in this Article 12, no payments to any holders of Senior Indebtedness shall be made out of investments or proceeds held in the Collateral Account, which shall be applied solely as provided in Article 10 hereof. This Article Thirteen 12 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany and any premium and Liquidated Damages (including, without limitation, pursuant to Article XI (but specifically excluding payments to the Trustee for its own benefit), is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (premium, if any) , and interest on and any Additional Amounts Liquidated Damages with respect to each and all to, the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (but specifically excluding payments to the Trustee for its own benefit), is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions. In addition, the payment of cash, property or securities (other than Junior Securities) upon conversion of a Security pursuant to Article XIII will constitute payment on a Security and therefore will be subject to the subordination provisions contained in this Indenture.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article 10) is subordinated, to the extent and in the manner provided in this Article Thirteen11, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) on and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenFourteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen Fourteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (premium, if any) and , interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company, is Company are subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article XI) is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his or her acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior IndebtednessIndebtedness of the Company, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany and any premium and Liquidated Damages (including, without limitation, pursuant to Article XI) is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional 54 Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. 47- 55 The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article X) is subordinated, to the extent and in the manner provided in this Article ThirteenXI, to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XI shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all of the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company, is Company are subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) and or interest on and any Additional Amounts with respect to each and all on, the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption purchase of the Securities by the Company, is Company are subordinated, to the extent and in the manner provided in this Article ThirteenFifteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen Fifteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company, Company is subordinated, to the extent and in the manner provided in this Article Thirteen11, to the prior payment in full of all Senior Indebtedness of the Company, and all other Obligations in respect thereof, whether outstanding at the date of this Indenture Supplement or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions. To the extent any provision of this Article 11 conflicts or is inconsistent with any other provision of the Indenture or this Supplement, the provisions of this Article 11 shall govern and supersede such inconsistent or conflicting provision.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenArticle, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities Securities, and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenARTICLE THIRTEEN, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen ARTICLE THIRTEEN shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his or her acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by 47 53 the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Each Holder of a Security, by his or her acceptance thereof, acknowledges and agrees that the provisions of this Article Thirteen shall constitute X are, and are intended to be, an inducement and a continuing offer consideration to all Persons who, in reliance upon on such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior IndebtednessIndebtedness of the Company, and such those holders are made obligees hereunder hereunder, and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. (a) The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (ai) the payment of the principal of, premium (premium, if any) , and interest on and any Additional Amounts Liquidated Damages, if any, with respect to each and all to, the Securities and (bii) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (but specifically excluding payments to the Trustee for its own benefit), is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. . (b) This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions. In addition, the payment of cash, property or securities (other than Junior Securities) upon conversion of a Security pursuant to Article XIII will constitute payment on a Security and therefore will be subject to the subordination provisions contained in this Indenture.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany and any premium (including, without limitation, pursuant to Article XI but specifically excluding payments to the Trustee for its own benefit), is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (premium, if any) , and interest on and (including any Additional Amounts with respect to each and all or Additional Interest) on the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article 10) is subordinated, to the extent and in the manner provided in this Article Thirteen11, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. Payments by the Company on the Securities are not senior or superior in right of payments by the Company on the 6 3/4% Notes. This Article Thirteen 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenArticle, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecuritySecurity of a series, by his such Xxxxxx’s acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on on, and any Additional Amounts with respect to to, each and all the Securities of such series and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities of such series by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Each Holder of a Security of a series, by such Xxxxxx’s acceptance thereof, acknowledges and agrees that the provisions of this Article Thirteen shall constitute X are, and are intended to be, an inducement and a continuing offer consideration to all Persons who, in reliance upon on such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior IndebtednessIndebtedness of the Company, and such holders are made obligees hereunder hereunder, and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article X) is subordinated, to the extent and in the manner provided in this Article ThirteenXI, to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XI shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree agrees that (a) the payment of the principal ofprincipal, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article 3) is subordinated, to the extent and in the manner provided in this Article Thirteen11, to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (premium, if any) and , interest on and on, or any Additional Amounts Liquidated Damages, with respect to each and all to, the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, is without limitation, pursuant to Article X) are subordinated, to the extent and in the manner provided in this Article ThirteenXI, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XI shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (i) (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness; (ii) the payment of each Guarantor's obligations in respect of its Senior Subordinated Guarantee is hereby expressly made subordinated and subject in right of payment to the prior payment in full of all obligations of such Guarantor under all Senior Indebtedness of such Guarantor. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all of the Securities and (b) interest on the Securities and any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company, is Company are subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (interest on, or Liquidated Damages, if any) and interest on and any Additional Amounts , with respect to each and all to, the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption purchase of the Securities by the CompanyCompany (including, is without limitation, pursuant to Article Twelve) are subordinated, to the extent and in the manner provided in this Article ThirteenFifteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen Fifteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany and any premium and Liquidated Damages, if any, (including, without limitation, pursuant to Article XI) is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.