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), Indenture (Kingold Jewelry, 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 by his acceptance thereof likewise covenants covenant and agreesagree, 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, premium, if any, of and interest on the Securities issued hereunder shall be subordinatedby the Company shall, to the extent and in the manner set forth in an indenture supplemental hereto relating to the Securities of that series and in accordance with the provisions of this Article XIIEight, be subordinated and junior in right of payment to the prior payment in full in cash of all Obligations with respect to amounts payable under Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred.
Appears in 6 contracts
Samples: Indenture (America Bank Note Holographics Inc), Axia Inc, Timber Tech 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 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, of and interest on the Securities issued hereunder by the Company shall be subordinated, to the extent set forth in an indenture supplemental hereto relating to the Securities of that series and subordinated in accordance with the provisions of this Article XII, X 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.and
Appears in 1 contract
Samples: Execution (Lear Corp /De/)