Subordination of Note Guarantee. The obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten shall be junior and subordinated to the prior payment in full of the Guarantor Senior Debt of such Guarantor in cash, Cash Equivalents or other cash equivalents reasonably acceptable to the holders of such Guarantor Senior Debt of such Guarantor on the same basis as the Notes are junior and subordinated to Senior Debt of the Issuers. 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 Eleven.
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Samples: Indenture (Ashton Woods USA L.L.C.), Indenture (Ashton Houston Residential L.L.C.)
Subordination of Note Guarantee. The obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten Eleven 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 the Guarantor Senior Debt of such Guarantor in cash, Cash Equivalents or other cash equivalents reasonably acceptable to the holders of such Guarantor Senior Debt, of the Guarantor Senior Debt of such Guarantor on the same basis as the Notes are junior and subordinated to Senior Debt of the Issuers. 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 ElevenTen hereof.
Appears in 1 contract
Subordination of Note Guarantee. The obligations obligation of each Guarantor under its Note Guarantee pursuant to this Article Ten Twelve shall be junior and subordinated to the prior payment in full of the Guarantor Senior Debt Indebtedness of such Guarantor in cash, Cash Equivalents or other cash equivalents reasonably acceptable to the holders of such Guarantor Senior Debt Indebtedness of such Guarantor on the same basis as the Notes are junior and subordinated to Senior Debt Indebtedness of the IssuersCompany. 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 ElevenEight.
Appears in 1 contract
Samples: Indenture (Nbty Inc)
Subordination of Note Guarantee. The obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten Eleven 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 the Guarantor Senior Debt of such Guarantor in cash, Cash Equivalents or other cash equivalents reasonably acceptable to the holders of such Guarantor Senior Debt Indebtedness, of the Guarantor Senior Indebtedness of such Guarantor on the same basis as the Notes are junior and subordinated to Senior Debt Indebtedness of the IssuersCompany. 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 ElevenTen hereof.
Appears in 1 contract
Samples: Indenture (Davita Inc)
Subordination of Note Guarantee. The obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten 10 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 the Guarantor Senior Debt of such Guarantor in cash, Cash Equivalents or other cash equivalents reasonably acceptable to the holders of such Guarantor Senior Debt, of the Guarantor Senior Debt of such Guarantor on the same basis as the Notes are junior and subordinated to Senior Debt of the IssuersIssuer. 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 Eleven12 hereof.
Appears in 1 contract
Samples: Indenture (Cogent Management Inc)
Subordination of Note Guarantee. The obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten Eleven shall be junior and subordinated to the prior payment in full of the Guarantor Senior Debt of such Guarantor in cash, Cash Equivalents or other cash equivalents reasonably acceptable to the holders of such Guarantor Senior Debt of such Guarantor on the same basis as the Notes are junior and subordinated to Senior Debt of the Issuers. 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 ElevenTen hereof.
Appears in 1 contract
Samples: Indenture (Norcraft Companies Lp)
Subordination of Note Guarantee. The obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten Eleven shall be junior and subordinated to the prior payment in full of the Guarantor Senior Debt of such Guarantor in cash, Cash Equivalents cash or other cash equivalents reasonably acceptable to the holders of such Guarantor Senior Debt of such Guarantor on the same basis as the Notes are junior and subordinated to Senior Debt of the Issuers. 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 ElevenTen hereof.
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Samples: Indenture (Ply Gem Industries Inc)
Subordination of Note Guarantee. The obligations Obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten Eleven shall be junior and subordinated to the prior payment in full of the Guarantor all Senior Debt of such Guarantor in cash, Cash Equivalents or other cash equivalents reasonably acceptable to the holders of such Guarantor (including Senior Debt of such the Guarantor incurred after the date of this Indenture) on the same basis as the Notes are junior and subordinated to the prior payment in full of all Senior Debt of the IssuersCompany 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 ElevenTen hereof.
Appears in 1 contract
Samples: Indenture (American Seafoods Inc)