Common use of Subordination and Postponement Clause in Contracts

Subordination and Postponement. Each Guarantor agrees that the Subordinated Obligations shall be fully subordinated and postponed as contemplated in this Agreement, to and in favour of the Prior Obligations in all circumstances. The Noteholders shall have priority over each Guarantor in respect of all of the property of every nature and kind now existing or hereafter acquired of the Company and any other Restricted Subsidiary, to discharge and satisfy the Prior Obligations, all in priority to any claim of any Guarantor.

Appears in 2 contracts

Samples: Note Purchase Agreement (ENERPLUS Corp), Note Purchase Agreement (ENERPLUS Corp)

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Subordination and Postponement. Each The Guarantor agrees that the Subordinated Obligations shall be fully subordinated and postponed as contemplated in this Agreement, to and in favour of the Prior Obligations in all circumstances. The Noteholders shall have priority over each the Guarantor in respect of all of the property of every nature and kind now existing or hereafter acquired of the Company Company, the Fund and any other Restricted Subsidiary, to discharge and satisfy the Prior Obligations, all in priority to any claim of any the Guarantor.

Appears in 1 contract

Samples: Note Purchase Agreement (Enerplus Resources Fund)

Subordination and Postponement. Each Guarantor agrees that the Subordinated Obligations shall be fully subordinated and postponed as contemplated in this Agreement, to and in favour of the Prior Obligations in all circumstances. The Noteholders shall have priority over each Guarantor in respect of all of the property of every nature and kind now existing or hereafter acquired of the Company Company, the Fund and any other Restricted Subsidiary, to discharge and satisfy the Prior Obligations, all in priority to any claim of any Guarantor.

Appears in 1 contract

Samples: Note Purchase Agreement (Enerplus Resources Fund)

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Subordination and Postponement. Each The Guarantor agrees that the Subordinated Obligations shall be fully subordinated and postponed as contemplated in this Agreement, to and in favour of the Prior Obligations in all circumstances. The Noteholders Administrative Agent, the Lenders and each Hedge Provider shall have priority over each the Guarantor in respect of all of the property Property of every nature and kind now existing or hereafter acquired of the Company Borrower, the Fund and any other Restricted Subsidiary, to discharge and satisfy the Prior Obligations, all in priority to any claim of any the Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Enerplus Resources Fund)

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