Common use of Subordination of the Loans Clause in Contracts

Subordination of the Loans. The Loans and other obligations of the Company under the Notes and this Agreement have been subordinated in right of payment, and the liens and security interest granted by the Company or its Subsidiaries to secure the Loans have been subordinated in right of priority, to certain indebtedness and any refinancing of such indebtedness, in each case pursuant to a certain Intercreditor Agreement, dated as of January 31, 1997 (the "Intercreditor Agreement"), between Newco and Creditanstalt-Bankverein, as the agent (in such capacity and together with any successor Agents, the "Agent") for the lenders party to the Amended and Restated Credit Agreement, dated as of December 30, 1994, or any agreement governing such refinancing indebtedness (such agreement as amended, supplemented or refinanced, the "Bank Credit Agreement"), among the Company, such lenders and the Agent. Any instrument, document or agreement evidencing or securing the Loans, including, but not limited to, the Notes, will on the date hereof or on the date of execution thereof, whichever is later, shall either provide by its terms, or shall be inscribed with a legend indicating, that such instrument, document or agreement has been subordinated pursuant to the Intercreditor Agreement and is subject to the terms and conditions thereof.

Subordination of the Loans. The Loans and other obligations of the -------------------------- Company under the Notes and this Agreement have been subordinated in right of payment, and the liens and security interest granted by the Company or its Subsidiaries to secure the Loans have been subordinated in right of priority, to certain indebtedness and any refinancing of such indebtedness, in each case pursuant to a certain Intercreditor Agreement, dated as of January 31, 1997 the date hereof (the "Intercreditor Agreement"), between Newco and Creditanstalt-Bankverein, as the agent (in such capacity and together with any successor Agents, the "Agent") for the lenders party to the Amended and Restated Credit Agreement, dated as of December 30, 1994, or any agreement governing such refinancing indebtedness (such agreement as amended, supplemented or refinanced, the "Bank Credit Agreement"), among the Company, such lenders and the Agent. Any instrument, document or agreement evidencing or securing the Loans, including, but not limited to, the Notes, will on the date hereof or on the date of execution thereof, whichever is later, shall either provide by its terms, or shall be inscribed with a legend indicating, that such instrument, document or agreement has been subordinated pursuant to the Intercreditor Agreement and is subject to the terms and conditions thereof.

Subordination of the Loans. The Loans and other obligations of the -------------------------- Company under the Notes and this Agreement have been subordinated in right of payment, and the liens and security interest granted by the Company or its Subsidiaries to secure the Loans have been subordinated in right of priority, to certain indebtedness and any refinancing of such indebtedness, in each case pursuant to a certain Intercreditor Agreement, dated as of January 31, 1997 (the "Intercreditor Agreement"), between Newco and Creditanstalt-Bankverein, as the agent (in such capacity and together with any successor Agents, the "Agent") for the lenders party to the Amended and Restated Credit Agreement, dated as of December 30, 1994, or any agreement governing such refinancing indebtedness (such agreement as amended, supplemented or refinanced, the "Bank Credit Agreement"), among the Company, such lenders and the Agent. Any instrument, document or agreement evidencing or securing the Loans, including, but not limited to, the Notes, will on the date hereof or on the date of execution thereof, whichever is later, shall either provide by its terms, or shall be inscribed with a legend indicating, that such instrument, document or agreement has been subordinated pursuant to the Intercreditor Agreement and is subject to the terms and conditions thereof.