Common use of Agreement of Subordination Clause in Contracts

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1, the Company covenants and agrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 as provided in the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 7 contracts

Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

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Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1, the Company covenants and agrees, and each Holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, of and any premium and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 as provided in the Indenture11) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Chapman Construction Co., L.P.), Black Hills Corp /Sd/, Willbros Group Inc

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1301 hereof, the Company covenants and agrees, and each Holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15Fifteen; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 Eleven as provided in the this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 Fifteen shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 3 contracts

Samples: Reimbursement Agreement (Maxtor Corp), Quantum Corp /De/, Quantum Corp /De/

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1, the The Company covenants and agrees, and each Holder holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15; IV and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 Section 3.2 or submitted for repurchase in accordance with Section 16.2, as the case may be, as provided in the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates Inc)

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1301, the Company covenants and agrees, and each Holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 as provided in the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Solectron Corp), Indenture (Solectron Corp)

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1301 hereof, the Company covenants and agrees, and each Holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15Article; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 as provided in the this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full in cash or payment satisfactory to the holders of Senior Indebtedness of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Ddi Corp, Ddi Corp

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.12.3, the Company Issuer covenants and agrees, and each Holder of Securities issued hereunder by its his or her acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15Twelve; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 Eleven as provided in the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 Twelve shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Tyco International LTD /Ber/)

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Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1, the Company covenants and agrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 as provided in the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full in cash or other payment satisfactory to holders of Senior Debt of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Sigma Designs Inc

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1301 hereof, the Company covenants and agrees, and each Holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 as provided in the this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full in cash or payment satisfactory to the holders of Senior Indebtedness of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Cypress Semiconductor Corp /De/

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.1, the Company covenants and agrees, and each Holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 as provided in the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Waddell & Reed Capital Trust I

Agreement of Subordination. Except as otherwise provided in a supplemental indenture or pursuant to Section 3.12.4, the Company Issuer covenants and agrees, and each Holder of Securities issued hereunder by its his or her acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article 15Fourteen; and each Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article 11 Eleven as provided in the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 15 Fourteen shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Tyco International LTD /Ber/

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