Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 13 contracts
Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 12 contracts
Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Holdings LLC), Carramerica Realty Corp
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 10 contracts
Samples: Subordinated Indenture (AtriCure, Inc.), Subordinated Indenture (MULTI COLOR Corp), Indenture (PRGX Global, Inc.)
Agreement to Subordinate. (a) The Except as otherwise provided in a supplemental indenture or pursuant to Section 301, the Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 6 contracts
Samples: Central Valley Community Bancorp, Reconciliation And (Provident Companies Inc /De/), Bugaboo Creek Holdings Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Indebtedness, and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 6 contracts
Samples: Indenture (Citadel Broadcasting Corp), Citadel Broadcasting Corp, Sina Corp
Agreement to Subordinate. (a) The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 5 contracts
Samples: Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp)
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agreesagrees that, that unless otherwise specified as contemplated by Section 2.03(a) hereof, the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 11, to the prior payment in full of all Senior Debt with respect to such Security (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of such Senior Debt.
Appears in 3 contracts
Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (NCS of Illinois Inc), Ail Technologies Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 3 contracts
Samples: Reconciliation And (Mindspring Enterprises Inc), Advanced Energy Industries Inc, Advanced Energy Industries Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 3 contracts
Samples: Indenture (Key Production Co Inc), Key Production Co Inc, MDC Holdings Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities Securities, and any guarantee of that indebtedness, is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Indebtedness, and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: Indenture (Key Energy Group Inc), Key Energy Group Inc
Agreement to Subordinate. (a) The Except as otherwise specified, the Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities Notes is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 3, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: First Supplemental Indenture (Peapack Gladstone Financial Corp), Indenture (Peapack Gladstone Financial Corp)
Agreement to Subordinate. (a) The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Del Webb Corp, Del Webb Corp
Agreement to Subordinate. (a) The Company agrees, and each Holder of Securities by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Carnival Corp), Carnival Corp
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior and Senior Subordinated Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteedGuaranteed), and that the subordination is for the benefit of the holders of Senior and Senior Subordinated Debt.
Appears in 2 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Agreement to Subordinate. (a) The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Debt, and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Excel Legacy Corp), Agreement (Excel Legacy Corp)
Agreement to Subordinate. (a) The Company agrees, and each Holder holder of Securities by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle XII, to the prior payment in full in cash or other consideration satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Komag Inc /De/)
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 13, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Concentric Network Corp)
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is and the payment of principal thereof and interest thereon are subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness. Money and securities held in trust pursuant to Article Four are not subject to the subordination provisions of this Article Thirteen.
Appears in 1 contract
Samples: Great Atlantic & Pacific Tea Co Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities and the payment of the principal of (and premium, if any) and interest on each and all of the Securities is hereby expressly subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full in cash or cash equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the such subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Time Warner Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the Indebtedness evidenced by payment of all amounts due with respect to the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle XI, to the prior payment in full in cash or cash equivalents of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), ) and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Playboy Enterprises Inc
Agreement to Subordinate. (a) The Company agrees, and ------------------------- each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: NVR Inc
Agreement to Subordinate. (a) The Company agreesCompany, the Trustee and each Holder Securityholder by accepting a Security agrees, that the Indebtedness indebtedness and obligations evidenced by the Security (a) rank pari passu with the Company's Obligations relating to the Existing Senior Subordinated Securities is and (b) are subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full full, in cash, of all Obligations with respect to Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtDebt of the Company.
Appears in 1 contract
Agreement to Subordinate. (a) The Company Issuer agrees, and each Holder by accepting a Security agrees, that the Indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 14, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Caprock Communications Corp
Agreement to Subordinate. (a) The Company agrees, and ------------------------- each Holder of Securities by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Obligations in respect of Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Advance Auto Parts Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness evidenced by the Securities each Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle XIV, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), ) and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Agreement to Subordinate. (a) The Company agrees, and each Holder holder of Securities by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 9, to the prior payment in full in cash or other consideration satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Komag Inc /De/)
Agreement to Subordinate. (a) The Company agrees, and each Holder of Securities by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Cd Radio Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness Indebtedness, interest and other obligations of any kind evidenced by the Securities is and this Indenture are subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 12, to the prior payment in full in cash or cash equivalents of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Osi Pharmaceuticals Inc)
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteedGuaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Tenet Healthcare Corp)
Agreement to Subordinate. (a) The Company agrees, and each Holder holder of Securities by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleARTICLE XIII, to the prior payment in full in cash or other consideration satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (CTS Corp)
Agreement to Subordinate. (a) The Company agrees, and each Holder of Securities by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Tia Indenture (Petsmart Inc)
Agreement to Subordinate. (a) The Company agrees, and each Holder holder of Securities by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle V, to the prior payment in full in cash or other consideration satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Pharmaceutical Resources Inc
Agreement to Subordinate. (a) The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment payments in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Debt, and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Rights Agreement
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 12, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (SFX Broadcasting Inc)
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Debt, and that the subordination is for the benefit of and enforceable by the holders of Senior Debt.
Appears in 1 contract
Samples: Viskase Companies Inc
Agreement to Subordinate. (a) The Company Trust agrees, and each Holder by accepting a Security agrees, that the Indebtedness indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract