Securities Subordinated to Senior Indebtedness. Notwithstanding the provisions of Sections 6.02 and 6.03 hereof, the Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenants and agrees, that all payments of the principal of, premium, if any, and interest on Securities issued hereunder shall be subordinated, to the extent set forth in an indenture supplemental hereto relating to the Securities of that series and in accordance with the provisions of this Article XII, to the prior payment in full of all Obligations with respect to Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred.
Appears in 14 contracts
Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Northwest Biotherapeutics Inc), Subordinated Indenture (Kingold Jewelry, Inc.)
Securities Subordinated to Senior Indebtedness. Notwithstanding the provisions of Sections 6.02 6.2 and 6.03 6.3 hereof, the Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenants and agrees, that all payments of the principal of, premium, if any, and interest on Securities issued hereunder shall be subordinated, to the extent set forth in an indenture supplemental hereto relating to the Securities of that series and in accordance with the provisions of this Article XII, to the prior payment in full of all Obligations with respect to Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred.
Appears in 3 contracts
Samples: Subordinated Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc)
Securities Subordinated to Senior Indebtedness. Notwithstanding the provisions of Sections 6.02 and 6.03 hereof, the The Company covenants and agrees, and the Trustee and each Holder of the Securities issued hereunder by his its acceptance thereof likewise covenants and agrees, that all payments of the principal of, premium, if any, and interest on Securities issued hereunder shall be subordinated, issued subject to the extent set forth in an indenture supplemental hereto relating to the Securities of that series and in accordance with the provisions of this Article XII5; and each person holding any Security, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment of all amounts on account of all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Obligations with respect to Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurredcreated, assumed or guaranteed.
Appears in 2 contracts
Samples: Indenture (Beyond Com Corp), Indenture (Usinternetworking Inc)