Common use of Agreement to Subordinate Clause in Contracts

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holderSecurityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, and premium, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XV shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Debt and Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Corporation of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Debt and Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Securities issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVIXV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's ’s acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Securities by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, interest (including any Additional Payments) and interest Additional Redemption Distributions, if any, on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; PROVIDED, HOWEVER, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, ------------------------ and each holder of Debentures issued hereunder by such holderSecurityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, and premium, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XV shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Junior Subordinated Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Junior Subordinated Debentures shall be issued subject to the provisions of this Article XVISixteen; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Junior Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior and Subordinated Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI Sixteen shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company's: (i) trade accounts payable, (ii) accrued liabilities arising in the ordinary course of business, or (iii) debt to any employee of the Company.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Junior Subordinated Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Junior Subordinated Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Junior Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior and Subordinated Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agreesthe Guarantor covenant and agree, and each holder of Debentures Notes issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures Notes shall be issued subject to the provisions of this Article XVISix; and each holder of a DebentureNote, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest on all Debentures Notes issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior DebtIndebtedness of the Company, Subordinated Debt and Additional Senior Obligations (collectivelywhether outstanding at the date of this, "Senior Indebtedness") Indenture or thereafter incurred. The payment by the Guarantor of any obligation due under the Note Guarantee issued hereunder shall, to the extent provided hereinand in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Guarantor, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI Six shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXIII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XIII shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Subordinated Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Subordinated Debentures shall be issued subject to the provisions of this Article XVIVI; and each holder of a Subordinated Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest on all Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior subject in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this First Supplemental Indenture or thereafter incurred. No provision of this Article XVI VI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Securities by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVIXII; and each holder Holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, interest (including Additional Payments, if any) and interest on other Obligations with respect to all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full in cash of principal of (and premium, if any), interest and all other Obligations with respect to all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided, however, that no provision of this Article XVI XII shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company's (i) trade accounts payable, or (ii) accrued liabilities arising in the ordinary course of business; however, the Debentures shall be subordinate to (i) any Debt of the Company to any of its subsidiaries and (ii) Debt to any employees of the Company.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Convertible Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Convertible Debentures shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a Convertible Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments, if any) on all Convertible Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt existing and Additional Senior Obligations (collectively, "future Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; PROVIDED HOWEVER, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, ------------------------ and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; , and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XVII shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Debentures Securities issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVIXV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Corporation of the principal of of, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior subject in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt Allocable Amounts then due and Additional Senior Obligations (collectively, "payable in respect of Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company's (i) trade accounts payable, or (ii) accrued liabilities arising in the ordinary course of business; however, the Debentures shall in all cases be subordinate to (i) any debt of the Company to any of its subsidiaries and (ii) any debt of the Company to any of its employees.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Subordinated Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Subordinated Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior and Subordinated Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures Securities issued hereunder hereunder, by such holder's Securityholder’s acceptance thereof thereof, likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVIXV; and each holder Holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Compound Interest and Additional Interest, if any) on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior DebtIndebtedness of the Company and rank pari passu and equivalent to creditor obligations of those holding general unsecured claims not entitled to statutory priority under the United States Bankruptcy Code or otherwise, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, in each case whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Junior Subordinated Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Junior Subordinated Debentures shall be issued subject to the provisions of this Article XVIXV; and each holder of a Junior Subordinated Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Corporation of the principal of of, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Junior Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XV shall prevent the occurrence of any default Default or Debenture Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company's (i) trade accounts payable, or (ii) accrued liabilities arising in the ordinary course of business; however, the Debentures shall be subordinate to (i) any debt of the Company to any of its subsidiaries and (ii) debt to any employees of the Company.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures Junior Subordinated ▇▇▇▇▇▇▇▇▇▇ issued hereunder by such holder▇▇▇▇▇▇'s acceptance thereof likewise covenants and agrees, that all Junior Subordinated Debentures shall be issued subject to the provisions of this Article XVISixteen; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Junior Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI Sixteen shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's ’s acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company’s: (i) trade accounts payable; (ii) accrued liabilities arising in the ordinary course of business; or (iii) debt to any employee of the Company.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's ▇▇▇▇▇▇’s acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XVII shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. (a) The Company covenants and agrees, and each holder Holder of Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVISection 16; and each holder Holder of a DebentureDebt Security, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. . (b) The payment by the Company of the principal of of, premium, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to of the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided hereinObligations, whether outstanding at the date of this Indenture or thereafter incurred. . (c) No provision of this Article XVI Section 16 shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Convertible Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Convertible Debentures shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a Convertible Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments, if any) on all Convertible Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt existing and Additional Senior Obligations (collectively, "future Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXIII; and each holder Holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal or Redemption Price of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurredincurred irrespective of any amendment, modification or waiver of any term of such Senior Indebtedness. No provision of this Article XVI XIII shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments) on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all existing and future Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Indenture Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior IndebtednessSENIOR INDEBTEDNESS") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.. In no event shall the Debentures be subordinate to the Company's: (i) trade accounts payable,

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XVII shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Corporation of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Debt and Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XVII shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, ------------------------ and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder by such holder's Holder' s acceptance thereof likewise covenants and agrees, that all Debentures ▇▇▇▇▇▇ures shall be issued subject to the provisions of this Article XVIXIII; and each holder Holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of and all amounts required hereunder, including fees (other than fees subject to Sections 14.01(a), (b) and (c)) and expenses and the principal of and interest on on, all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture Issue Date or thereafter incurred. No provision of this Article XVI XIII shall prevent the occurrence of any default Default or Event of Default hereunder, nor the rights of the Indenture Trustee or any Holder to exercise such rights and remedies afforded to each of them under this Indenture with respect to any provision of this Indenture other than payment of principal and interest on the Debentures.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder Debentures, by such holder's acceptance thereof thereof, likewise covenants and agrees, agrees that all Debentures shall be issued subject to the provisions of this Article XVIArticle; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Debt and Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Subordinated Debentures issued hereunder hereunder, by such holder's acceptance thereof likewise covenants and agrees, that all Subordinated Debentures shall be issued subject to the provisions of this Article XVIArticle; and each holder of a Subordinated Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest on all Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated subordinate and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default hereunder or Event of Default hereunderDefault.

Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's ’s acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter herein after set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holderSecurityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, and premium, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurred; provided, however, that the Debentures shall rank pari passu in right of payment with the Company's Junior Subordinated Debentures due October 30, 2035 issued pursuant to an Indenture, dated as of September 26, 2005, by and between the Company and ▇▇▇▇▇ Fargo Bank, National Association. No provision of this Article XVI XV shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Securities issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVIXV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premi- um, if any, and interest (including Additional Sums and Compound- ed Interest, if any) and Liquidated Damages, if any, on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Allocable Amounts with respect to Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default Default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's ’s acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVIARTICLE XVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI ARTICLE XVII shall prevent the occurrence of any default or Event of Default hereunder.

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Certificates by such holder's Holder' s acceptance thereof likewise covenants and agrees, that all Debentures Certificates shall be issued subject to the provisions of this Article XVIXII; and each holder Holder of a DebentureCertificate, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of any and interest all amounts required hereunder, including fees and expenses (other than fees and expenses under Sections 10.05, 16.01 and 16.05 hereof), on all Debentures issued hereunder Certificates exercised shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture Issue Date or thereafter incurred. No provision of this Article XVI XII shall prevent the occurrence of any default Default or Event of Default hereunder., nor the rights of any Holder to exercise such rights and remedies afforded to it under this Agreement with respect to any provision of this Agreement. 45