Common use of Securities Subordinated to Senior Indebtedness Clause in Contracts

Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and each holder of Securities issued hereunder by his or her acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 5; 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 the principal of and interest on all Securities issued hereunder (including, without limitation, in connection with any redemption of Securities) shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter created, assumed or guaranteed.

Appears in 4 contracts

Samples: Indenture (Asc Holdings Inc), Indenture (Einstein Noah Bagel Corp), Indenture (Boston Chicken Inc)

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Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by his or her its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 512; 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 the principal all amounts on account of and interest on all Securities issued hereunder (including, without limitation, in connection with any redemption of Securities) shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter created, assumed or guaranteed.

Appears in 1 contract

Samples: Indenture (Commonwealth Telephone Enterprises Inc /New/)

Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by his or her its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 5; 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 the principal all amounts on account of and interest on all Securities issued hereunder (including, without limitation, in connection with any redemption of Securities) shall, to the extent and in the manner hereinafter set forth, be subordinated and subject junior in right of payment to the prior payment in full full, in cash or other payment satisfactory to holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter created, assumed or guaranteed.

Appears in 1 contract

Samples: Indenture (Alza Corp)

Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and each holder of Securities issued hereunder by his or her acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 5; and each person 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 the principal of and interest on all Securities issued hereunder (including, including without limitation, limitation in connection with any redemption of Securities) shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed.

Appears in 1 contract

Samples: Indenture (Sterling Software Inc)

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Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by his or her such Holder's acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 5; and each person 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 the principal of of, premium, if any, and interest on all Securities issued hereunder (including, without limitation, in connection with any redemption of Securities) shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the indefeasible prior payment in full full, in cash, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed.

Appears in 1 contract

Samples: Indenture (Birner Dental Management Services Inc)

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