Subordination; Etc. Notwithstanding the date, manner or order of grant, attachment or perfection of any Liens securing the Second-Lien Obligations granted on the Collateral or of any Liens securing the First-Lien Obligations granted on the Collateral and notwithstanding any provision of the UCC, or any applicable law or the Second-Lien Loan Documents or any other circumstance whatsoever (including any non-perfection of any Lien purporting to secure the First-Lien Obligations and/or Second-Lien Obligations), the Second-Lien Agent, on behalf of itself and the other Second-Lien Secured Parties, and each other Second-Lien Secured Party (by its acceptance of the benefits of the Second-Lien Loan Documents) hereby agrees that: (a) any Lien on the Collateral securing any First-Lien Obligations now or hereafter held by or on behalf of the First-Lien Agent or any First-Lien Secured Party or any agent or trustee therefor, regardless of how acquired, whether by grant, possession, statute, operation of law, subrogation or otherwise, shall be senior in all respects and prior to any Lien on the Collateral securing any of the Second-Lien Obligations; and (b) any Lien on the Collateral now or hereafter held by or on behalf of the Second-Lien Agent, any Second-Lien Secured Party or any agent or trustee therefor regardless of how acquired, whether by grant, possession, statute, operation of law, subrogation or otherwise, shall be junior and subordinate in all respects to all Liens on the Collateral securing any First-Lien Obligations. All Liens on the Collateral securing any First-Lien Obligations shall be and remain senior in all respects and prior to all Liens on the Collateral securing any Second-Lien Obligations for all purposes, whether or not such Liens securing any First-Lien Obligations are subordinated to any Lien securing any other obligation of the Borrower, any other Grantor or any other Person. The parties hereto acknowledge and agree that it is their intent that the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims) from the Second-Lien Obligations (and the security therefor). The priorities of the Liens provided in this Section 2.1 shall not be altered or otherwise affected by any amendment, modification, supplement, extension, renewal, restatement, replacement or Refinancing of any of the First-Lien Obligations or Second-Lien Obligations, nor by any action or inaction which any of the Secured Parties may...
Subordination; Etc. Notwithstanding any provision of this Guaranty to the contrary, all rights of the Guarantors under Section 7(a) and all other rights of indemnity, contribution or subrogation of any Guarantor under applicable law or otherwise with respect to payments made pursuant to this Guaranty shall be fully subordinated to the Guaranteed Obligations until the occurrence of the termination or release provided in Section 20 of this Guaranty.
Subordination; Etc. At the option of Landlord or Landlord's permanent lender, or both of them, this lease and the Tenant's interest hereunder shall be subject and subordinate at all times to any mortgage, deed or deeds of trust, or such other security instrument or instruments, including all renewals, extensions, consolidations, assignments and refinances of the same, as well as all advances made upon the security thereof, which now or hereafter become liens upon the landlord's fee and/or leasehold interest in the demised premises, and/or any and all of the buildings now and hereafter erected or at be erected and/or any and all of the land comprising the Property, provided, however, that in each such case, the holder of such other security, the trustee of such deed of trust or holder of such other security instrument shall agree that this lease shall not be divested or in any way affected by foreclosure or other default proceedings under said mortgage, deed or trust, or other instrument or other obligations secured thereby, so long as the Tenant shall not be in default under the terms of this lease; and Tenant agrees that this lease shall remain in full force and effect notwithstanding any such default proceedings.
Subordination; Etc. Subtenant hereby agrees that (i) this Sublease is and shall remain in all respects subject and subordinate to the Lease and to any matters to which the Lease is or shall be subordinate, (ii) except to the extent otherwise expressly permitted by this Sublease, Subtenant will occupy the Subleased Premises in accordance with the terms of the Lease, will maintain the Subleased Premises in accordance with the provisions of the Lease as though it were the “Tenant” thereunder and will not do or cause to be done, or suffer any act or omit to do, any act which might result in a violation of or a default under any of the terms, conditions, covenants or agreements of the Lease.
Subordination; Etc. The subordination provisions contained in the Senior Subordinated Convertible Notes Documents governing such Senior Subordinated Convertible Notes is enforceable against Exide U.S. and the holders of such Senior Subordinated Convertible Notes, and all Obligations of Exide U.S. hereunder and under the other Credit Documents to which it is a party are within the definition of “Senior Indebtedness” included in such subordination provisions.
Subordination; Etc. (a) The subordination provisions contained in the 5% Convertible Senior Subordinated Note Documents and the 10-1/2% Senior Subordinated Note Documents are enforceable against Holdings, the Borrower, each Subsidiary Guarantor and the holders of the 5% Convertible Senior Subordinated Notes and the 10-1/2% Senior Subordinated Notes, respectively, and all Obligations hereunder and under the other Credit Documents are within the definitions of "Designated Senior Indebtedness" and "Senior Indebtedness" included in such subordination provisions.
Subordination; Etc. The subordination provisions contained in the Aetna Subsidiaries Subordinated Guaranty are enforceable against each Subsidiary Guarantor and Aetna (and its successors or assigns), and all Guaranteed Obligations under (and as defined in) the Subsidiaries Guaranty are within the definition of "Guarantor Senior Debt" included in such subordination provisions.
Subordination; Etc. Subordinated Obligations create two separate and distinct Liens with each such Lien securing only the corresponding Obligations.
Subordination; Etc. The subordination provisions contained in each issue of Subordinated Debt are enforceable against the Borrower, each other Obligor and the holders thereof, and all Obligations hereunder and under the other Loan Documents are within the definitions of “Designated Senior Indebtedness” and “Senior Indebtedness” (or any similar terms) included in such subordination provisions.
Subordination; Etc. (a) The holders of Class A Notes and Delayed Closing Notes' Liens on the Collateral shall be prior and superior to any Liens of holders of Class B Notes therein, and the holders of Class B Notes expressly acknowledge and agree that their Liens therein are subordinate to the Liens of the holders of Class A Notes and Delayed Closing Notes. The priorities established herein are applicable without regard to (i) the date a loan, advance or extension of credit is made to the Company or any other obligations are incurred by the Company, (ii) the time or order of attachments, perfection, filing or recording of the Liens or the time or order of filing of financing statements and other security documents or the giving or failure to give notice of the acquisition of any such Lien, and (iii) the rules of priority established under the Uniform Commercial Code or other laws of a relevant state relating to the priority of Liens or the provisions of the Bankruptcy Code or any state insolvency laws.
