Common use of Notes Subordinate to Senior Indebtedness Clause in Contracts

Notes Subordinate to Senior Indebtedness. The Company and each Holder, by its acceptance of the Notes, agree that (a) the payment of the principal of and interest on the Notes and (b) any other payment in respect of the Notes, including on account of the acquisition or redemption of the Notes by the Company (including, without limitation, pursuant to Section 4.13 or 4.19) is subordinated, to the extent and in the manner provided in this Article 11, to the prior payment in full in cash of all Senior Indebtedness of the Company and that these subordination provisions are for the benefit of the holders of 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 any one or more of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder, Holder by its acceptance of the NotesNotes likewise covenants and agrees, agree that (a) the payment of the principal of and interest on the Notes and (b) any other payment in respect of the Notes, including on account of the acquisition or redemption of the Notes by the Company (including, without limitation, pursuant to Section 4.13 or 4.19) is subordinated, to the extent and in the manner hereinafter set forth in this Article 12; the payment of 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 of all Senior Indebtedness of the Company and that these subordination provisions are for Company, whether outstanding on the benefit of the holders of Senior IndebtednessIssue 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, of or continue to hold, hold Senior Indebtedness, Indebtedness of the Company; and such provisions are made for the benefit of all the holders of Senior Indebtedness, Indebtedness of the Company; and such holders are made obligees hereunder and any one they or more each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company and each Holder, by its acceptance of the Notes, agree that (a) the payment of the principal of and interest on the Notes and (b) any other payment in 90 98 respect of the Notes, including on account of the acquisition or redemption of the Notes by the Company (including, without limitation, pursuant to Section 4.13 4.14 or 4.194.21) is subordinated, to the extent and in the manner provided in this Article 11, to the prior payment in full in cash of all Senior Indebtedness of the Company and that these subordination provisions are for the benefit of the holders of 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 any one or more of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company and each Holder, by its acceptance of the Notes, agree that (a) the payment of the principal of and interest on the Notes and (b) any other payment in respect of the Notes, including on account of the acquisition or redemption of the Notes by the Company (including, without limitation, pursuant to Section 4.13 4.14 or 4.194.21) is subordinated, to the extent and in the manner provided in this Article 11, to the prior payment in full in cash of all Senior Indebtedness of the Company and that these subordination provisions are for the benefit of the holders of 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 any one or more of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company and each Holder, by its acceptance of the Notes, agree that (a) the payment of the principal of and interest on the Notes and (b) any other payment in respect of the Notes, including on account of the acquisition or redemption of the Notes by the Company (including, without limitation, pursuant to Section 4.13 4.14 or 4.194.20) is subordinated, to the extent and in the manner provided in this Article 11, to the prior payment in full in cash of all Senior Indebtedness of the Company and that these subordination provisions are for the benefit of the holders of 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 any one or more of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder, Holder by its acceptance of the NotesNotes likewise covenants and agrees, agree that (a) the payment of the principal of and interest on the Notes and (b) any other payment in respect of the Notes, including on account of the acquisition or redemption of the Notes by the Company (including, without limitation, pursuant to Section 4.13 or 4.19) is subordinated, to the extent and in the manner hereinafter set forth in this Article 12; the payment of 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 of all Senior Indebtedness of the Company and that these subordination provisions are for Company, whether outstanding on the benefit of the holders of Senior IndebtednessIssue 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, of or continue to hold, hold Senior Indebtedness, In- debtedness of the Company; and such provisions are made for the benefit of all the holders of Senior Indebtedness, Indebtedness of the Company; and such holders are made obligees hereunder and any one they or more each of them may enforce such provisions.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each HolderHolder of a Note, by its his acceptance of the Notesthereof, agree that (a) the payment of the principal of likewise covenants and interest on the Notes and (b) any other payment in respect of the Notesagrees, including on account of the acquisition or redemption of the Notes by the Company (including, without limitation, pursuant to Section 4.13 or 4.19) is subordinatedthat, to the extent and in the manner hereinafter set forth in this Article XVIII, the Indebtedness represented by the Note, including Original Issue Discount, and the payment of the principal of, premium, if any, and interest, including Contingent Cash Interest, if any, on, the Note are hereby expressly made subordinate and subject in right of payment as provided in this Article 11, XVIII to the prior payment in full in cash of all Senior Indebtedness of the Company and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article 11 XVIII 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 any one or more they and each of them may enforce such provisions.