Common use of Notes Subordinate to Senior Indebtedness Clause in Contracts

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior Indebtedness. This Article 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior indefeasible payment and satisfaction in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all existing and future Senior Indebtedness. This Article 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 1110, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 10 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior Indebtedness. This Article 11 10 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11Eleven, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 Eleven to the prior indefeasible payment and satisfaction in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all existing and future Senior Indebtedness. This Article 11 Eleven shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notesa Note, by its his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11Article, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on on, the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior Indebtedness. This Article 11 Twelve shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of of, or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company Issuer covenants and agrees, and the Trustee and each Holder of Notes, by its acceptance thereof, of Notes likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11X, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest all Obligations on the Notes by the Issuer are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 X to the prior indefeasible payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior IndebtednessIndebtedness of the Issuer, whether outstanding on the Issue Date or thereafter incurred. This Article 11 Section 10.01 and the following Sections 10.02 through 10.11 shall constitute a continuing offer to all Persons who, in reliance upon on such provisions, become holders of or continue to hold Senior IndebtednessIndebtedness of the Issuer; and such provisions are made for the benefit of all the holders of Senior IndebtednessIndebtedness of the Issuer; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants Issuers covenant and agreesagree, and each Holder of NotesHolder, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest all Obligations on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior indefeasible payment and satisfaction in full in cash or Cash Equivalents orof all Obligations in respect of all Senior Indebtedness (including post-petition interest thereon). The provisions of this Article 11 are for the benefit of, as acceptable to and shall be enforceable directly by, the holders of Senior IndebtednessIndebtedness of each Issuer, in any other mannereach holder is made an obligee hereunder, and each holder of all Senior Indebtedness. This Article 11 Indebtedness of an Issuer whether now outstanding or hereafter created, incurred, assumed or guaranteed shall constitute a continuing offer be deemed to all Persons who, have acquired Senior Indebtedness of such Issuer in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; the covenants and such provisions are made for contained in this Indenture and the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisionsNotes.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notesa Note, by its his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11Ten, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are is hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all amounts payable under all existing and future Senior Indebtedness. This Article 11 Ten shall constitute a continuing offer to all Persons persons who, in reliance upon such provisions, become holders of of, or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of Notes, by its acceptance thereof, of Notes likewise covenants and agrees, that, that to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and 12; the payment of the principal of, premium, if any, and interest all Obligations on the Notes by the Company are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 12 to the prior indefeasible payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior IndebtednessIndebtedness of the Company, whether outstanding on the Issue Date or thereafter incurred. This Article 11 Section 12.01 and the following Sections 12.02 through 12.11 shall constitute a continuing offer to all Persons who, in reliance upon on such provisions, become holders of or continue to hold Senior IndebtednessIndebtedness of the Company; and such provisions are made for the benefit of all the holders of Senior IndebtednessIndebtedness of the Company; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company Issuers covenants and agrees, and each Holder of NotesHolder, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest all Obligations on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior indefeasible payment and satisfaction in full in cash or Cash Equivalents orof all Obligations in respect of all Senior Indebtedness (including post-petition interest thereon). The provisions of this Article 11 are for the benefit of, as acceptable to and shall be enforceable directly by, the holders of Senior IndebtednessIndebtedness of each Issuer, in any other mannereach holder is made an obligee hereunder, and each holder of all Senior Indebtedness. This Article 11 Indebtedness of an Issuer whether now outstanding or hereafter created, incurred, assumed or guaranteed shall constitute a continuing offer be deemed to all Persons who, have acquired Senior Indebtedness of such Issuer in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; the covenants and such provisions are made for contained in this Indenture and the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisionsNotes.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of Notes, by its acceptance thereof, of Notes likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 1110, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest all Obligations on the Notes by the Company are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 10 to the prior indefeasible payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior IndebtednessIndebtedness of the Company, whether outstanding on the Issue Date or thereafter incurred. This Article 11 Section 10.01 and the following Sections 10.02 through 10.11 shall constitute a continuing offer to all Persons who, in reliance upon on such provisions, become holders of or continue to hold Senior IndebtednessIndebtedness of the Company; and such provisions are made for the benefit of all the holders of Senior IndebtednessIndebtedness of the Company; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants Issuers covenant and agreesagree, and the Trustee and each Holder of Notes, by its acceptance thereof, of Notes likewise covenants and agrees, that, that to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and 12; the payment of the principal of, premium, if any, and interest all obligations on the Notes by the Issuers are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 12 to the prior indefeasible payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior IndebtednessIndebtedness of the Issuers, whether outstanding on the Issue Date or thereafter incurred. This Article 11 Section 12.01 and the following Sections 12.02 through 12.11 shall constitute a continuing offer to all Persons who, in reliance upon on such provisions, become holders of or continue to hold Senior IndebtednessIndebtedness of the Issuers; and such provisions are made for the benefit of all the holders of Senior IndebtednessIndebtedness of the Issuers; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The ---------------------------------------- Company covenants and agrees, and each Holder of Notesa Note, by its his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11Eleven, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes Senior Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, cash equivalents of all amounts payable under all existing and future Senior Indebtedness. This Article 11 Eleven shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of of, or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.pro- visions. Section 11.02

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior Indebtedness. This Article 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notesa Note, by its his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11Fourteen, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior IndebtednessIndebtedness (including the indebtedness under the New Credit Agreement). This Article 11 Fourteen shall constitute a continuing offer to all Persons persons who, in reliance upon such provisions, become holders of Holders of, or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders Holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them individually or through their representative may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notesa Note, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 1110, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are is hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all amounts payable under all existing and future Senior Indebtedness. This Article 11 10 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of of, or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of Notesa Note, by its his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 1110, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are is hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all amounts payable under all existing and future Senior Indebtedness. This Article 11 10 shall constitute a continuing offer to all Persons persons who, in reliance upon such provisions, become holders of of, or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.