Subordination of Guarantee. The Obligations of each Guarantor under its Guarantee pursuant to this Article Eleven shall be junior and subordinated to the prior payment in full of all Senior Indebtedness of such Guarantor (including Senior Indebtedness of the Guarantor incurred after the date hereof) on the same basis as the Notes are junior and subordinated to the prior payment in full all Senior Indebtedness of the Company, as described in Article Ten hereof. For the purposes of the foregoing sentence, the Trustee and the Holders shall have the right to receive and/or retain payments by any of the Guarantors only at such times as they may receive and/or retain payments in respect of the Notes pursuant to this Indenture, including Article Ten hereof.
Appears in 3 contracts
Samples: Registration Rights Agreement (Signal Medical Services), Registration Rights Agreement (Jw Childs Equity Partners Ii Lp), Renal Care Group Inc
Subordination of Guarantee. The Obligations obligations of each Guarantor under its Guarantee pursuant to this Article Eleven Ten shall be junior and subordinated to the prior payment in full of all Guarantor Senior Indebtedness Debt of such Guarantor (including Senior Indebtedness of the Guarantor incurred after the date hereof) on the same basis as the Notes are junior and subordinated to the prior payment in full all Senior Indebtedness Debt of the Company, as described in Article Ten hereof. For the purposes of the foregoing sentence, and notwithstanding anything to the contrary contained herein, the Trustee and the Holders shall have the right to receive and/or retain payments by any of the Guarantors (or any Persons acting on their behalf) only at such times as they may receive and/or retain payments in respect of the Notes pursuant to this Indenture, including Article Ten hereof.Eleven, and the Holders of Senior Debt shall have the same rights and remedies provided for in Article Eleven. ARTICLE ELEVEN
Appears in 2 contracts
Samples: Seminis Inc, Seminis Inc
Subordination of Guarantee. The Obligations of each Guarantor under its Guarantee pursuant to this Article Eleven Nine shall be junior and subordinated to the prior payment in full of all Senior Indebtedness of such Guarantor (including Senior Indebtedness of the Guarantor incurred after the date hereof) on the same basis as the Notes are junior and subordinated to the prior payment in full all Senior Indebtedness of the CompanyCompany provided that, as described with respect to the Parent Guarantor only, the Guarantee shall be subordinated in Article Ten hereofaccordance with the provisions of the Existing Debentures Indenture. For the purposes of the foregoing sentencethis Section 9.02, the Trustee and the Holders shall have the right to receive and/or retain payments by any of the Guarantors only at such times as they may receive and/or retain payments in respect of the Notes pursuant to this First Supplemental Indenture, including Article Ten hereof.
Appears in 2 contracts
Subordination of Guarantee. The Obligations obligations of each Guarantor under its Guarantee pursuant to this Article Eleven Ten shall be junior and subordinated to the prior payment in full of all Senior Indebtedness Debt of such Guarantor (including Senior Indebtedness of the Guarantor incurred after the date hereof) on the same basis as the Senior Subordinated Notes are junior and subordinated to the prior payment in full all Senior Indebtedness Debt of the Company, as described in Article Ten hereof. For the purposes of the foregoing sentence, and notwithstanding anything to the contrary contained herein, the Trustee and the Holders shall have the right to receive and/or retain payments by any of the Guarantors (or any Persons acting on their behalf) only at such times as they may receive and/or retain payments in respect of the Senior Subordinated Notes pursuant to this Indenture, including Article Ten hereofTwelve, and the Holders of Senior Debt shall have the same rights and remedies provided for in Article Twelve.
Appears in 1 contract
Samples: Donnelley R H Inc
Subordination of Guarantee. The Obligations of each Subsidiary Guarantor under its Guarantee pursuant to this Article Eleven shall be junior and subordinated to the prior payment in full in cash or Cash Equivalents of all Senior Indebtedness of such Subsidiary Guarantor (including Senior Indebtedness of the Subsidiary Guarantor incurred after the date hereof) on the same basis as the Notes are junior and subordinated to the prior payment in full all Senior Indebtedness of the CompanyCo-Obligors, as described in Article Ten hereof. For the purposes of the foregoing sentence, the Trustee and the Holders shall have the right to receive and/or retain payments by any of the Subsidiary Guarantors only at such times as they may receive and/or retain payments in respect of the Notes pursuant to this Indenture, including Article Ten hereof.
Appears in 1 contract
Samples: Indenture (Central Credit, LLC)
Subordination of Guarantee. The Obligations of each Guarantor under its Guarantee pursuant to this Article Eleven shall be junior and subordinated to the prior payment in full in cash or Cash Equivalents of all Senior Indebtedness of such Guarantor (including Senior Indebtedness of the Guarantor incurred after the date hereof) on the same basis as the Notes are junior and subordinated to the prior payment in full all Senior Indebtedness of the CompanyCo-Obligors, as described in Article Ten hereof. For the purposes of the foregoing sentence, the Trustee and the Holders shall have the right to receive and/or retain payments by any of the Guarantors only at such times as they may receive and/or retain payments in respect of the Notes pursuant to this Indenture, including Article Ten hereof.
Appears in 1 contract
Samples: Indenture (Duane Reade Inc)
Subordination of Guarantee. The Obligations obligations of each Guarantor under its Guarantee pursuant to this Article Eleven XI shall be junior and subordinated to the prior payment in full in cash or cash equivalents or such payment duly provided for to the satisfaction of all the holders of such Guarantor Senior Indebtedness, of the Guarantor Senior Indebtedness of such Guarantor (including Senior Indebtedness of the Guarantor incurred after the date hereof) on the same basis as the Notes Loans are junior and subordinated to the prior payment in full all Senior Indebtedness of the Company, as described in Article Ten hereofBorrowers. For the purposes of the foregoing sentence, the Trustee Administrative Agent and the Holders Lenders shall have the right to receive and/or retain payments by any of the Guarantors only at such times as they may receive and/or retain payments in respect of the Notes Obligations pursuant to this IndentureAgreement, including Article Ten X hereof.
Appears in 1 contract
Samples: Bridge Loan Agreement (Loral Space & Communications Inc.)