Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 6 contracts
Samples: Indenture (Axia Inc), Indenture (Timber Tech Inc), Indenture (America Bank Note Holographics Inc)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article EightEleven; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article EightEleven, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 4 contracts
Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Subordinated Debt Securities Indenture (Standard Pacific Corp /De/)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium of, if any, and interest on and other Obligations relating to the Securities by or on behalf of the Company shall, to the extent and in the manner set forth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (General Chemical Group Inc), Indenture (Gentek Inc)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article EightTwelve; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article EightTwelve, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred.
Appears in 2 contracts
Samples: Indenture (Horton D R Inc /De/), Indenture (HPH Homebuilders 2000 Lp)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities (except as otherwise specified as contemplated by Section 2.01) shall be issued subject to the provisions of this Article EightTwelve; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal of, interest on and all payments other amounts owing in respect of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eight, will be subordinated and junior in right of payment to the prior payment in full in cash of principal of, interest on and all other amounts payable under owing in respect of all of the Company's Senior IndebtednessIndebtedness to the extent set forth in this Article Twelve.
Appears in 2 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company (other than any payment made from Collateral held in the Escrow Account) shall, to the extent and in the manner set forth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (Tci Satellite Entertainment Inc), Indenture (Tci Satellite Entertainment Inc)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article EightTwelve; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal of, interest on and all payments other amounts owing in respect of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eight, will be subordinated and junior in right of payment to the prior payment in full in cash of principal of, interest on and all other amounts payable under owing in respect of all of the Company's Senior IndebtednessIndebtedness to the extent set forth in this Article Twelve.
Appears in 2 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article EightEleven; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article EightEleven, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 1 contract
Securities Subordinated to Senior Indebtedness. The Company Each of the Issuers covenants and agrees, and the Trustee and each Holder of the Securities by his its acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Securities by either of the Company Issuers shall, to the extent and in the manner set forth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 1 contract
Samples: Indenture (Digital Television Services of Kansas LLC)
Securities Subordinated to Senior Indebtedness. The Company Each Issuer covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company Issuers shall, to the extent and in the manner set forth 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 amounts payable under Senior IndebtednessIndebtedness of the Issuers.
Appears in 1 contract