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.
Appears in 49 contracts
Samples: Indenture (Private Bancorp Capital Trust I), Indenture (Independent Bank Corp), Indenture (Independent Bank Corp)
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.
Appears in 35 contracts
Samples: Indenture (Southern Heritage Bancorp Inc), Indenture (James River Group, INC), Indenture (MortgageIT Holdings, Inc.)
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.
Appears in 15 contracts
Samples: Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp Inc), Itla Capital Corp
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.
Appears in 11 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Indenture Indenture (Pennfirst Capital Trust I), Bankunited Capital Ii
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.
Appears in 10 contracts
Samples: Indenture (American Community Bancshares Inc), Southern Community Financial Corp, Apab Capital Trust I
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.
Appears in 6 contracts
Samples: Indenture (Capitol Trust Xv), Great Southern (Great Southern Capital Trust IV), First Financial (First Financial Capital Trust II)
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.
Appears in 4 contracts
Samples: Indenture (Gateway Bancshares Inc /Ga/), Indenture (Florida Banks Inc), Indenture (Alabama National Bancorporation)
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.
Appears in 4 contracts
Samples: Ebh Capital Trust I, Blue Valley Ban Corp, BVBC Capital Trust I
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.
Appears in 4 contracts
Samples: CFB Capital Iv, Community First Bankshares Inc, Community First Bankshares Inc
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.
Appears in 3 contracts
Samples: Matrix Bancorp Capital Trust I, Matrix Bancorp Capital Trust I, Independent Capital Trust
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.
Appears in 3 contracts
Samples: First Merchants Capital Trust I, First Merchants Corp, First Merchants Corp
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.
Appears in 2 contracts
Samples: Ifc Capital Trust Ii, Greater Atlantic Financial Corp
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of a 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 XVIXII; 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, and premium, if any, and interest on (including any 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 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 Indenture Event of Default hereunder.
Appears in 2 contracts
Samples: Westcoast Hospitality Corp, Westcoast Hospitality Capital Trust
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.
Appears in 2 contracts
Samples: Ozark Capital Trust, Bank of the Ozarks Inc
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.
Appears in 2 contracts
Samples: Indenture (Sun Healthcare Group Inc), Sun Healthcare Group Inc
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.
Appears in 1 contract
Samples: Glacier Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures Junior Subordinated Xxxxxxxxxx issued hereunder by such holderXxxxxx'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.
Appears in 1 contract
Samples: United Community Bancshares Inc
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, and interest (including Additional Payments) 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 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.
Appears in 1 contract
Samples: Suiza Foods Corp
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.
Appears in 1 contract
Samples: Renaissancere Holdings LTD
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.
Appears in 1 contract
Samples: Indenture (Tompkins Financial Corp)
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.. Section 16.2
Appears in 1 contract
Samples: Quad City Holdings Inc
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Indenture (First Banks Inc)
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.
Appears in 1 contract
Samples: Southside Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Notes by such holderXxxxxx's acceptance thereof likewise covenants and agrees, that all Debentures Notes shall be issued subject to the provisions of this Article XVIXII; and each holder 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, and interest (including Additional Payments) 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 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 Incurred; PROVIDED HOWEVER, that no provision of this Article XVI XII shall prevent the occurrence of any default Default or Indenture Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Cccisg Capital Trust)
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 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 Indenture Event of Default hereunder.
Appears in 1 contract
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Debt Securities, by such holderHolder's acceptance thereof thereof, likewise covenants and agrees, that all Debentures Debt Securities shall be issued subject to the provisions of this Article XVITwelve; 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. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments, if any) on all Debentures Debt Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated expressly made subordinate 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.
Appears in 1 contract
Samples: Breed Technologies Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Debt Securities issued hereunder and under any supplemental indenture (the "Additional Provisions") by such holder's acceptance thereof likewise covenants and agrees, that all Debentures Debt Securities shall be issued subject to the provisions of this Article XVIXV; and each holder of a DebentureDebt Security, 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 payments due on all Debentures Debt Securities issued hereunder and under any Additional Provisions 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.
Appears in 1 contract
Samples: Hf Financial Corp
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.
Appears in 1 contract
Samples: S.Y. Bancorp Capital Trust II
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.
Appears in 1 contract
Samples: American Bank Inc
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.
Appears in 1 contract
Samples: Southern Community Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Debt Securities issued hereunder and under any supplemental indenture (the “Additional Provisions”) by such holder's Securityholder’s acceptance thereof likewise covenants and agrees, that all Debentures Debt Securities shall be issued subject to the provisions of this Article XVIXV; and each holder of a DebentureSecurityholder, 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 payments due on all Debentures Debt Securities issued hereunder and under any Additional Provisions 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 Default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Flagstar Bancorp Inc)
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 XVIXII; 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, if any) 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 in money 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 XII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
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, and interest (including Additional Payments) on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be unsecured and subordinated and junior in right of payment to the prior payment in full in cash of all amounts due on Senior Debt, Subordinated Debt (including any amounts due upon acceleration and Additional Senior all Obligations (collectively, "Senior Indebtedness") to the extent provided hereinrelating thereto), 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.
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Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Notes by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall Noxxx xxall be issued subject to the provisions of this Article XVI11; and each holder 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, interest and interest on other Obligations with respect to 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 in cash of principal of (and premium, if any), interest and all Senior other Obligations with respect to all Secured Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Supplemental Indenture or thereafter incurred. No ; provided, however, that no provision of this Article XVI 11 shall prevent the occurrence of any default Default or Event of Default hereunder.
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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, and interest (including Additional Payments) 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 XII -------- ------- shall prevent the occurrence of any default or Event of Default hereunder.
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Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's xxxxxx’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.
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Samples: Indenture (Bridge Bancorp Inc)