Common use of Debentures Subordinated to Senior Indebtedness Clause in Contracts

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, the Company and the Trustee and, by their acceptance thereof, the Holders of the Debentures (a) covenants and agrees that all payments by the Company of the principal of and premium, if any, and interest on the Debentures (other than Debentures which have been discharged pursuant to Article 8) shall be subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 7 contracts

Samples: Pseg Power Capital Trust V, Public Service Enterprise Group Inc, Public Service Enterprise Group Inc

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Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof 6.11 or any other provision herein or in any Debenture, the Company and the Trustee and, by their acceptance thereof, the Holders of the Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the Debentures (other than Debentures which have been discharged pursuant to Article 8) shall be subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10. Nothing herein or in any Debenture is intended to or shall limit the amount of Senior Indebtedness the Company may incur.

Appears in 5 contracts

Samples: New York Community Bancorp Inc, Hercules Inc, New York Community Bancorp Inc

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, each of the Company and the Trustee and, by their acceptance thereof, the Holders of the each series of Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the such series of Debentures (other than any series of Debentures which have been paid, satisfied and discharged pursuant to Article 8) shall be junior and subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 5 contracts

Samples: Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc)

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, each of the Company and the Trustee and, by their acceptance thereof, the Holders of the each series of Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the Debentures (other than any series of Debentures which have been discharged pursuant to Article 8) 8 hereof) shall be junior and subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 4 contracts

Samples: Heco Capital Trust Ii, Hawaiian Electric Co Inc, Hawaiian Electric Co Inc

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, each of the Company and the Trustee and, by their acceptance thereof, the Holders of the each series of Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the such series of Debentures (other than any series of Debentures which have been discharged pursuant to Article 8) shall be junior and subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 4 contracts

Samples: Junior Indenture (Heco Capital Trust I), Heco Capital Trust Ii, Hawaiian Electric Co Inc

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Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, each of the Company and the Trustee and, by their acceptance thereof, the Holders of the each series of Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the such series of Debentures (other than any series of Debentures which have been discharged pursuant to Article 8) 8 hereof) shall be junior and subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 1 contract

Samples: Hawaiian Electric Co Inc

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof 6.11 or any other provision herein or in any Debenture, the Company and the Trustee and, by their acceptance thereof, the Holders of the Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the Debentures (other than Debentures which have been discharged pursuant to Article 8) shall be subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 1 contract

Samples: Hercules Inc

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