Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment of all Senior Debt of the Company and that the subordination is for the benefit of, and enforceable by, the holders of such Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 12 contracts
Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), TransDigm Group INC
Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Note Security agrees, that the Indebtedness evidenced by the Notes Securities is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes Securities shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which is Senior Debt Indebtedness of the Company shall rank senior to the Notes Securities in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Wix Filtration Media Specialists, Inc.), Indenture (Koll Donald M), Indenture (Cb Richard Ellis Services Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which is Senior Debt Indebtedness of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 X shall be subject to Section 10.1210.12 of the Indenture.
Appears in 4 contracts
Samples: Indenture (Encore Acquisition Co), Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc)
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu PARI PASSU with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which is Senior Debt Indebtedness of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.1210.14.
Appears in 3 contracts
Samples: Indenture (Tabletop Holdings Inc), Indenture (Tabletop Holdings Inc), Indenture (Merisant Foreign Holdings I Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment of all existing and future Senior Debt of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 3 contracts
Samples: Indenture (Polypore International, Inc.), Indenture (Polypore International, Inc.), Indenture (Daramic, LLC)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note (or a beneficial interest in the Global Note) agrees, that the Indebtedness evidenced by Obligations in respect of the Notes is and the Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full in cash or Cash Equivalents of all Senior Debt Indebtedness of the Company and that the subordination provided for in this Article X is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall Only Obligations in all respects rank pari passu with all other respect of Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company shall will rank senior to the Obligations in respect of the Notes and the Indenture in accordance with the provisions set forth herein. The Notes shall in all respects rank PARI PASSU with, or be senior to, all other Indebtedness of the Company. All provisions of this Article 10 X shall be subject to Section 10.1210.2.
Appears in 3 contracts
Samples: Prime Succession Holdings Inc, Prime Succession Holdings Inc, Prime Succession Holdings Inc
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1013, to the prior payment in full of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which that is Senior Debt Indebtedness of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 13 shall be subject to Section 10.1213.12.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Alliant Techsystems Inc), First Supplemental Indenture (Alliant Techsystems Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full, in cash or Cash Equivalents of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Only Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. The Notes shall in all respects rank pari passu with, or be senior to, all other Indebtedness of the Company. All provisions of this Article 10 X shall be subject to Section 10.12.
Appears in 2 contracts
Samples: Indenture (Inmobiliaria Montes Urales 460 S a De C V), Indenture (Iusacell S a De C V)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that Obligations under the Indebtedness evidenced by Indenture and the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full, in Cash or Cash Equivalents, of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, and enforceable by, of the holders of such Senior DebtIndebtedness (and their successors and assigns) and shall be enforceable by them directly against the Holders (and their successors and assigns). The Notes shall in all respects rank pari passu with all other Only Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions The Notes shall in all respects rank pari passu with, or be senior to, all other indebtedness of this Article 10 shall be subject to Section 10.12the Company.
Appears in 2 contracts
Samples: Indenture (Covanta Energy Corp), Covanta Energy Corp
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment of all Senior Debt of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which that is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 2 contracts
Samples: Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that notwithstanding any payment obligations set forth herein, the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment of all Senior Debt of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which that is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 2 contracts
Samples: Jarden Corp, Jarden Corp
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note the Notes agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XI, to the prior payment in full in cash or Cash Equivalents of all Senior Debt of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 XI shall be subject to Section 10.1211.15 hereof.
Appears in 2 contracts
Samples: Goss Holdings Inc, Goss Graphic Systems Inc
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full in cash or Cash Equivalents of all existing and future Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Only Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. The Notes shall in all respects rank pari passu with, or be senior to, all other Indebtedness of the Company. All provisions of this Article 10 X shall be subject to Section 10.12.
Appears in 2 contracts
Samples: Indenture (Constar Inc), Indenture (Constar International Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is Note Amounts are subordinated in right of payment, to the extent and in the manner provided in this Article 108, to the prior payment Payment in Full of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which that is Senior Debt Indebtedness of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 8 shall be subject to Section 10.128.12.
Appears in 2 contracts
Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc)
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full in cash of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which is Senior Debt Indebtedness of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 Ten shall be subject to Section 10.12.
Appears in 2 contracts
Samples: Leasehold Resource Group LLC, SHG Holding Solutions Inc
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is and all Obligations relating thereto are subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment of all Senior Debt of the Company and all Obligations relating thereto and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which that is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 1 contract
Samples: Central Garden & Pet Co
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that notwithstanding any payment obligations set forth herein, the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1012, to the prior payment of all Senior Debt of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which that is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 1 contract
Samples: Indenture (Jarden Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note the Notes agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XI, to the prior payment in full in cash or Cash Equivalents of all Senior Debt of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes shall in all respects rank pari passu PARI PASSU with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 XI shall be subject to Section 10.1211.15 hereof.
Appears in 1 contract
Samples: Indenture (Goss Holdings Inc)
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full in cash or Cash Equivalents of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which is Senior Debt Indebtedness of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 Ten shall be subject to Section 10.12.
Appears in 1 contract
Samples: Indenture (Sun Healthcare Group Inc)
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment of all Obligations with respect to Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which is Senior Debt of the Company Indebtedness shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 X shall be subject to Section 10.12.
Appears in 1 contract
Samples: Graphic Packaging Corp
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1014, to the prior payment in full (when due) of all existing and future Senior Debt of the Company Indebtedness and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness of the Company. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Sub ordinated Indebtedness of the Company, Company and only Indebtedness of the Company which that is Senior Debt of the Company Indebtedness shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 14 shall be subject to Section 10.121412.
Appears in 1 contract
Samples: Us Office Products Co
Agreement to Subordinate. The Company agrees, and each Holder of the Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Eleven, to the prior payment in full in cash of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all ---- ----- other Senior Subordinated Debt of the Company, and only Indebtedness of the Company and only Indebtedness which is Senior Debt of the Company Indebtedness shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 Eleven shall be subject to Section 10.1211.12.
Appears in 1 contract
Samples: Applied Power Inc
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which is Senior Debt of the Company Indebtedness shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 ArticleE10 shall be subject to Section 10.12.
Appears in 1 contract
Samples: Indenture (Shared Technologies Inc)
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in cash or Cash Equivalents of all Senior Debt of the Company Indebtedness and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which is Senior Debt of the Company shall Indebtedness will rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 X shall be subject to Section 10.12.
Appears in 1 contract
Samples: Eye Care Centers of America Inc
Agreement to Subordinate. The Company agrees, and each Holder ------------------------ Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full in cash of all Senior Debt Obligations due in respect of the Company Senior Indebtedness and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Only Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. The Notes shall in all respects rank pari passu with, or be senior to, all other Indebtedness of the Company. All provisions of this Article 10 X shall be subject to Section 10.12.. -------------
Appears in 1 contract
Samples: BGF Industries Inc
Agreement to Subordinate. The Company agrees, and each Holder by accepting a 112 Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10ARTICLE 14, to the prior payment in full in cash or Cash Equivalents of all Senior Debt Indebtedness 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, and enforceable by, of the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, and only Only Indebtedness of the Company which that is Senior Debt of the Company Indebtedness shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 1 contract
Samples: Iesi Tx Corp
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full in cash or Cash Equivalents of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall in all respects rank pari passu with all other Only Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. The Notes shall in all respects rank pari passu with, or be senior to, all other Indebtedness of the Company. All provisions of this Article 10 X shall be subject to Section 10.12.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XIII, to the prior payment of all Designated Senior Debt of the Company and that the subordination is for the benefit of, and enforceable by, the holders of such Designated Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company and no indebtedness of the Company other than Designated Senior Debt shall rank senior to the Notes in accordance with the provisions set forth hereinNotes. All provisions of this Article 10 XIII shall be subject to Section 10.1213.12.
Appears in 1 contract
Samples: William Lyon Homes
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is and related Obligations are subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in cash of all existing and future Senior Debt of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes and related Obligations shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment of all Senior Debt of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior Debt. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt of the Company, Company and only Indebtedness of the Company which is Senior Debt of the Company shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 shall be subject to Section 10.12.
Appears in 1 contract
Samples: Indenture (Transdigm Inc)
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by Obligations in respect of the Notes is and the Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full in cash or Cash Equivalents of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness. The Notes shall Only Obligations in all respects rank pari passu with all other respect of Senior Subordinated Debt of the Company, and only Indebtedness of the Company which is Senior Debt of the Company shall will rank senior to the Obligations in respect of the Notes and the Indenture in accordance with the provisions set forth herein. The Notes shall in all respects rank PARI PASSU with, or be senior to, all other Indebtedness of the Company. All provisions of this Article 10 X shall be subject to Section 10.1210.02.
Appears in 1 contract
Samples: Paragon Trade Brands Inc
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1014, to the prior payment in full in cash (when due) of all existing and future Senior Debt Indebtedness of the Company and that the subordination is for the benefit of, of and enforceable by, by the holders of such Senior DebtIndebtedness of the Company. The Notes shall in all respects rank pari passu with all other Senior Subordinated Debt Indebtedness of the Company, Company and only Indebtedness of the Company which that is Senior Debt of the Company Indebtedness shall rank senior to the Notes in accordance with the provisions set forth herein. All provisions of this Article 10 14 shall be subject to Section 10.1214.12.
Appears in 1 contract
Samples: Refinancing Agreement (Relocation Management Systems Inc)