Common use of Notes Subordinate to Senior Indebtedness Clause in Contracts

Notes Subordinate to Senior Indebtedness. The Issuers covenant and agree, 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 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.

Appears in 1 contract

Samples: TWP Capital Corp Ii

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Notes Subordinate to Senior Indebtedness. The Issuers covenant Company covenants and agreeagrees, 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 11XI, 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 XI to the prior indefeasible payment and satisfaction in full in cash of all Senior Indebtedness. This Article 11 XI 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Oglebay Norton Co)

Notes Subordinate to Senior Indebtedness. The Issuers covenant and agree, 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 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.

Appears in 1 contract

Samples: Petersen Holdings LLC

Notes Subordinate to Senior Indebtedness. The Issuers covenant Company covenants and agreeagrees, 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 indefeasible payment and satisfaction in full in cash or 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.

Appears in 1 contract

Samples: Mettler Toledo Holding Inc

Notes Subordinate to Senior Indebtedness. The Issuers covenant and agree, 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 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 109 -101- Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

Appears in 1 contract

Samples: Target Directories of Michigan Inc

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Notes Subordinate to Senior Indebtedness. The Issuers covenant Company covenants and agreeagrees, and each Holder 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 indefeasible payment and satisfaction in full in cash of all existing and future Senior IndebtednessIndebtedness of the Company. 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.

Appears in 1 contract

Samples: Park Ohio Industries Inc

Notes Subordinate to Senior Indebtedness. The Issuers covenant Company covenants and agreeagrees, and each Holder of Notesa Note, by its his acceptance thereof, likewise covenants cove- nants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11Eleven, the Indebtedness Indebt- edness 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 indefeasible payment and satisfaction in full in cash or 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 provisionspro- visions.

Appears in 1 contract

Samples: Indenture (Mettler Toledo Holding Inc)

Notes Subordinate to Senior Indebtedness. The Issuers covenant Company covenants and agreeagrees, 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 117, 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 7 to the prior indefeasible payment and satisfaction in full in cash of all existing and future Senior Indebtedness. This Article 11 Seven 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.

Appears in 1 contract

Samples: Indenture (Sandhills Inc)

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