Common use of Subordination of Note Guarantees Clause in Contracts

Subordination of Note Guarantees. 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 (including the termination or cash collateralization of all outstanding letters of credit and bank product obligations pursuant to the terms, if any, of the documents evidencing such Senior Debt) on the same basis as the Notes are junior and subordinated to Senior Debt of the Issuer. 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.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

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Subordination of Note Guarantees. The obligations Obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten 12 shall be junior and subordinated to the prior payment in full of the Guarantor Senior Debt of such Guarantor in cash (including the termination or cash collateralization of all outstanding letters of credit and bank product obligations pursuant to the terms, if any, of the documents evidencing such Senior Debt) on the same basis as the Notes are junior and subordinated to the Senior Debt of the IssuerCompany. 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: Senior Subordinated Loan Agreement (J Crew Group Inc)

Subordination of Note Guarantees. The obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten 11 shall be junior and subordinated to the prior payment in full of the Guarantor all Senior Debt of such Guarantor in cash (including and the termination or cash collateralization of all outstanding letters of credit and bank product obligations pursuant amounts for which the Guarantors shall be liable under the guarantees issued from time to the terms, if any, of the documents evidencing such time with respect to Senior Debt) Debt on the same basis as the Notes are junior and subordinated to Senior Debt of the IssuerDebt. 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 Eleven10 hereof.

Appears in 1 contract

Samples: Mail Well Inc

Subordination of Note Guarantees. The obligations Guarantor agrees, and each Holder by accepting a Note agrees, that the Obligations of each the Guarantor under its the Note Guarantee Guarantees pursuant to this Article Ten 11 shall be junior and subordinated to the prior payment in full Senior Indebtedness of the Guarantor Senior Debt of such Guarantor in cash (including the termination or cash collateralization of all outstanding letters of credit and bank product obligations pursuant to the terms, if any, of the documents evidencing such Senior Debt) on the same basis as the Notes are junior and subordinated to Senior Debt Indebtedness of the IssuerCompany as provided in Article 10 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 Guarantor only at such times as they may receive and/or retain payments in respect of the Notes pursuant to this Indenture, including Article ElevenSection 4.15 hereof.

Appears in 1 contract

Samples: Condor Systems Inc

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Subordination of Note Guarantees. The obligations of each Guarantor under its Note Guarantee pursuant to this Article Ten 11 shall be junior and subordinated to the prior payment in full of the Guarantor all Senior Debt of such Guarantor in cash (including and the termination or cash collateralization of all outstanding letters of credit and bank product obligations pursuant amounts for which the Guarantors shall be liable under the guarantees issued from time to the terms, if any, of the documents evidencing such time with respect to Senior Debt) Debt on the same basis as the Notes are junior and subordinated to Senior Debt of the IssuerDebt. 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 Eleven11 hereof.

Appears in 1 contract

Samples: Indenture (Mail Well Inc)

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