Common use of Agreement to Subordinate Clause in Contracts

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 8 contracts

Samples: Indenture (Ucbh Trust Co), Indenture (Haven Capital Trust I), Indenture (Ucbh Holdings Inc)

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Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XVXII; and each holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV XII shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Spinnaker Exploration Co), Indenture (Continental Airlines Finance Trust Iii), Dynegy Capital Trust Iii

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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 Corporation of the principal of, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Telebanc Capital Trust I), Indenture (Banknorth Capital Trust I), Indenture (Webster Capital Trust Ii)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVTwelve; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional SumsPayments, if any) and Liquidated Damages, if any, on all 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 existing and future Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XV Twelve shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 4 contracts

Samples: Purchase Agreement (Warnaco Group Inc /De/), Designer Holdings LTD, Walbro Capital Trust

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXII; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided, however, that no provision of this Article XV XII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 4 contracts

Samples: Purchase Agreement (Carriage Services Inc), Indenture (Hanover Compressor Capital Trust), Chemed Corp

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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 Corporation of the principal of, premium, if any, of and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all 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 Allocable Amounts then due and payable in respect of Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 3 contracts

Samples: Indenture (Greater Bay Bancorp), Indenture (CNBF Capital Trust I), BFD Preferred Capital Trust Ii

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXII; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional SumsPayments, if any) and Liquidated Damages, if any, on other Obligations with respect to all 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 IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided, however, that no provision of this Article XV XII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 3 contracts

Samples: Purchase Agreement (Budget Group Inc), Calpine Corp, Calpine Capital Trust

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debt Securities issued hereunder by such Securityholder's acceptance thereof likewise covenants and agrees, that the all Debt Securities shall be issued subject to the provisions of this Article XV; and each holder of a Debt 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 premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Debt 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 3 contracts

Samples: Tib Financial Corp., Indenture (Home Bancshares Inc), Indenture (First Community Bancorp /Ca/)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities Subordinated Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that the Securities all Subordinated Debentures shall be issued subject to the provisions of this Article XVVI; and each holder of a SecuritySubordinated 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this First Supplemental Indenture or thereafter incurred. No provision of this Article XV VI shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 3 contracts

Samples: First Supplemental Indenture (Telephone & Data Systems Inc), Indenture (Kansas City Power & Light Co), First Supplemental Indenture (Telephone & Data Systems Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder and under any supplemental indenture or by any Board Resolution ("Additional Provisions") by such Securityholder's acceptance thereof, likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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, premium, if any, of and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all 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 all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 3 contracts

Samples: Indenture (Sterling Bancshares Inc), Sterling Bancshares Capital Trust Ii, Sterling Bancshares Capital Trust Ii

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder and under any supplemental indenture or by any resolutions by the Board of Directors ("Additional Provisions") by such holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior subordinate in right of payment to the prior payment in full of all Senior IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (American Equity Investment Life Holding Co), American Equity Investment Life Holding Co

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXII; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred. No ; PROVIDED, HOWEVER, that no provision of this Article XV XII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Chemed Corp), Indenture (Chemed Capital Trust)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXIV; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all 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 IndebtednessDebt of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV XIV shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 2 contracts

Samples: Onb Capital Trust Iv, HCC Capital Trust Ii

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVTwelve; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XV Twelve shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Calenergy Capital Trust Iii), Calenergy Co Inc

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article ARTICLE XV; and each holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article ARTICLE XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 2 contracts

Samples: Illinois Power Co, Illinois Power Co

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVTwelve; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 existing and future Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XV Twelve shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Vanstar Financing Trust), Indenture (Inacom Corp)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Argo Capital Trust Co), Dynegy Capital Trust Iii

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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 Corporation of the principal of, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all 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 Allocable Amounts then due and payable in respect of Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Interwest Bancorp Inc), Indenture (Bfoh Capital Trust I)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXII; and each holder Holder of a Securitysecurity, 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No ; PROVIDED, HOWEVER, that no provision of this Article XV XII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Zenith National Insurance Corp)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities Subordinated Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that the Securities all Subordinated Debentures shall be issued subject to the provisions of this Article XVVI; and each holder of a SecuritySubordinated 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this Second Supplemental Indenture or thereafter incurred. No provision of this Article XV VI shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (TDS Capital Ii)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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, premium, if any, and interest (including Additional Sums and Compounded Interest and Additional SumsInterest, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 1 contract

Samples: Patriot Capital Trust I

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXII; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 IndebtednessObligations, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided, however, that no provision of this Article XV XII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Continental Airlines Inc /De/)

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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 Corporation of the principal of, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all 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 Allocable Amounts then due and payable in respect of Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Nara Bancorp Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXIV; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV XIV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 1 contract

Samples: CGMH Capital Iv

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXII; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided, however, that no provision of this Article XV XII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Dt Industries Inc)

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Agreement to Subordinate. The Company covenants and agrees, and each holder of Debt Securities issued hereunder hereunder, by such Securityholder's acceptance thereof, likewise covenants and agrees, that the all Debt Securities shall be issued subject to the provisions of this Article XV; XIII, and each holder Holder of a Debt 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV XIII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Arvin Capital I

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder (including payments of the applicable Put Price) or exercise of any Put Options 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 of all amounts with respect to Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall (i) prevent the occurrence of any Default or Event of Default hereunderhereunder or (ii) limit the amount of Senior Indebtedness that may be incurred by the Company.

Appears in 1 contract

Samples: Indenture (Life Re Capital Trust Ii)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debt Securities issued hereunder by such Xxxxxx's acceptance thereof likewise covenants and agrees, that the all Debt Securities shall be issued subject to the provisions of this Article XVXIV; and each holder Holder of a Debt 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, premiumpremi- um, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Debt 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV XIV shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Noram Energy Corp

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions Provisions of this Article XV; and each holder of a 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, premium, if any, and interest (including Additional Sums and Compounded Interest and Additional SumsInterest, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Premier Bancorp Inc /Pa/)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXII; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided that no provision of this Article XV XII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hearst Argyle Television Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debt Securities issued hereunder hereunder, by such Securityholder's acceptance thereof, likewise covenants and agrees, that the all Debt Securities shall be issued subject to the provisions of this Article XV; XIII, and each holder Holder of a Debt 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Debt 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV XIII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Arvin Capital I

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities Surplus Notes issued hereunder hereunder, by such Securityholder’s acceptance thereof, likewise covenants and agrees, that the Securities all Surplus Notes shall be issued subject to the provisions of this Article XV; and each holder Holder of a SecuritySurplus Note, 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities Surplus 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 IndebtednessIndebtedness and Senior Claims of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 1 contract

Samples: Pma Capital Corp

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities a Security issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXIII; and each holder Holder of a 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 premium, if any, and interest (including Compounded Interest and any Additional Sums, if anyInterest) and Liquidated Damages, if any, on all 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 IndebtednessDebt of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV XIII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: National Commerce Financial Corp

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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 Corporation of the principal of, premium, if any, of and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Westbank Capital Trust I)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder Debentures by such Securityholder's acceptance thereof shall be deemed to likewise covenants covenant and agreesagree, that the Securities all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a SecurityDebenture, whether upon original issue or upon transfer or assignment thereof, accepts by such Securityholder's acceptance thereof shall be deemed to accept and agrees agree to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder Debentures 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Delphi Financial Group Inc/De)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVFifteen; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, Amounts on all 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Onb Capital Trust Vi)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVXII; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and Additional SumsPayments, if any) and Liquidated Damages, if any, on other Obligations with respect to all 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 IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred; provide provided, however. No that no provision of this Article XV XII shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Calpine Corp

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by such Holder's acceptance thereof likewise covenants and agrees, that the all Securities shall be issued subject to the provisions of this Article XVTwelve; and each holder Holder of a 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, premium, if any, and interest (including Compounded Interest and any Additional Sums, if anyPayments) and Liquidated Damages, if any, on all 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 Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No ; PROVIDED, HOWEVER, that no provision of this Article XV Twelve shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Execution Copy (Fleetwood Enterprises Inc/De/)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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, premiumpremi- um, if any, and interest (including Compounded Interest Additional Sums and Additional SumsCompound- ed Interest, if any) and Liquidated Damages, if any, on all 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 Allocable Amounts with respect to Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Sovereign Bancorp Inc)

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Securities issued hereunder likewise covenants and agrees, that the Securities shall be issued subject to the provisions of this Article XV; and each holder of a 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 Corporation of the principal of, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Haven Bancorp Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Securities Subordinated Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that the Securities all Subordinated Debentures shall be issued subject to the provisions of this Article XVVI; and each holder of a SecuritySubordinated 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, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Securities 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 IndebtednessIndebtedness of the Company, whether outstanding at the date of this ________ Supplemental Indenture or thereafter incurred. No provision of this Article XV VI shall prevent the occurrence of any Default default or Event of Default hereunder.

Appears in 1 contract

Samples: Supplemental Indenture (KCPL Financing Iii)

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