Subordination Terms. The payment by the Company of the principal of, premium, if any, and interest on any series of Securities issued hereunder shall be subordinated to the extent set forth in an indenture supplemental hereto relating to such series.
Subordination Terms. The payment by the Company of the principal of, premium, if any, and interest on any series of securities issued hereunder may be subordinated in the manner contemplated by Section 2.01.
Subordination Terms. The Securities of a series issued hereunder shall be subordinated in right of payment to the extent provided in the subordination terms with respect to such Securities that are established pursuant to Section 2.01.
Subordination Terms. The Company covenants and agrees that the indebtedness evidenced by each series of Securities is subordinate and junior in right of payment to all Senior Indebtedness to the extent provided in this Article XIV or as further provided in an indenture supplemental hereto or a Board Resolution with respect to a series of Securities adopted pursuant to Section 2.01 hereof, and each holder of Securities of each series, by its acceptance thereof, likewise covenants and agrees to such subordination and shall be bound by the provisions thereof. Senior Indebtedness shall continue to be Senior Indebtedness and entitled to the benefits of these subordination provisions irrespective of any amendment, modification or waiver of any term of the Senior Indebtedness or extension or renewal of the Senior Indebtedness. In the event that the Company shall default in the payment of any principal of (or premium, if any) or interest on any Senior Indebtedness when the same becomes due and payable, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, then, upon written notice of such default to the Company by the holders of Senior Indebtedness or any trustee or representative thereof, unless and until such default shall have been cured or waived or shall have ceased to exist, no direct or indirect payment (in cash, property, securities, by set-off or otherwise) shall be made or agreed to be made on account of the principal of or interest on any of the Securities, or in respect of any redemption, retirement, purchase or other acquisition of any of the Securities. In the event of:
(a) any insolvency, bankruptcy, receivership, liquidation, reorganization, readjustment, composition or other similar proceeding relating to the Company, its creditors or its property,
(b) any proceeding for the liquidation, dissolution or other winding up of the Company, voluntary or involuntary, whether or not involving insolvency or bankruptcy proceedings,
(c) any assignment by the Company for the benefit of creditors, or
(d) any other marshalling of the assets of the Company, all Senior Indebtedness shall first be paid in full before any payment or distribution, whether in cash, securities or other property, shall be made to any holder of any of the Securities on account thereof. Any payment or distribution, whether in cash, securities or other property (other than securities of the Company or any other corporation provided for by a plan of reorganization or readjustmen...
Subordination Terms. (1) This Table of Contents does not constitute part of the Indenture and shall not have any bearing on the interpretation of any of its terms or provisions. INDENTURE, dated as of [•], 2004 among ALLOS THERAPEUTICS, INC., a Delaware corporation (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”):
Subordination Terms. Mortgages and Title Policies
Subordination Terms. Subject to the terms set forth in Section 3, the parties hereto agree as follows:
Subordination Terms. (1) This Table of Contents does not constitute part of the Indenture and shall not have any bearing on the interpretation of any of its terms or provisions.
Subordination Terms. 39 ARTICLE ELEVEN
Subordination Terms. 39 ARTICLE XI MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . .39 SECTION 11.01. Trust Indenture Act Controls. . . . . . . . . . . .39 SECTION 11.02. Notices.. . . . . . . . . . . . . . . . . . . . . .39 SECTION 11.03. Communication by Holders with Other Holders.. . . .40 SECTION 11.04. Certificate and Opinion as to Conditions Precedent.. . . . . . . . . . . . . . . . . . . . .40 SECTION 11.05. Statements Required in Certificate or Opinion.. . .40 SECTION 11.06. When Treasury Securities Disregarded. . . . . . . .41 SECTION 11.07. Rules by Trustee and Agents.. . . . . . . . . . . .41 SECTION 11.08. Legal Holidays. . . . . . . . . . . . . . . . . . .41 SECTION 11.09. Governing Law.. . . . . . . . . . . . . . . . . . .41 SECTION 11.10. No Adverse Interpretation of Other Agreements.. . .41 SECTION 11.11. No Recourse Against Others. . . . . . . . . . . . .42 SECTION 11.12. Successors. . . . . . . . . . . . . . . . . . . . .42 SECTION 11.13. Duplicate Originals.. . . . . . . . . . . . . . . .42 SECTION 11.14. Table of Contents, Headings, Etc. . . . . . . . . .42 SECTION 11.15. Acts of Holders.. . . . . . . . . . . . . . . . . .42 SECTION 11.16. Assignment. . . . . . . . . . . . . . . . . . . . .43 INDENTURE dated as of [______ __, ____], between CIRCUS CIRCUS ENTERPRISES, INC., a Nevada corporation ("Company"), and THE BANK OF NEW YORK, a New York banking corporation ("Trustee"). The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes, bonds or other evidences of subordinated indebtedness ("Securities"), to be issued in one or more series as provided in this Indenture. Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the respective Holders from time to time of Securities or of a series thereof:
