Common use of Notes Subordinated to Senior Indebtedness Clause in Contracts

Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by the acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article Ten; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of, premium, if any, and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article Ten, be subordinated and junior in right of payment to the prior payment in full in cash of all Obligations arising under Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Atlantic Broadband Management, LLC), Indenture (Language Line Costa Rica, LLC)

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Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and the Trustee each Holder, by its acceptance of a Note, likewise covenants and each Holder of the Notes by the acceptance thereof likewise covenant and agree, agrees that all Notes shall be issued subject to the provisions of this Article TenEleven; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of, premium, if any, and interest on the Notes by the Company Senior Subordinated Obligations shall, to the extent and in the manner set forth in this Article TenEleven, be subordinated and junior in right of payment to the prior payment in full full, in cash or cash equivalents, of all Obligations arising under existing and future Senior IndebtednessIndebtedness of the Company.

Appears in 1 contract

Samples: Servico Market Center Inc

Notes Subordinated to Senior Indebtedness. The Company and ----------------------------------------- the Trustee each covenants and agrees, and the Trustee each Holder, by its acceptance of a Note, likewise covenants and each Holder of the Notes by the acceptance thereof likewise covenant and agree, agrees that all Notes shall be issued subject to the provisions of this Article TenEleven; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of, premium, if any, and interest on the Notes by the Company Senior Subordinated Obligations shall, to the extent and in the manner set forth in this Article TenEleven, be subordinated and junior in right of payment to the prior payment in full full, in cash or cash equivalents, of all Obligations arising under existing and future Senior Indebtedness.

Appears in 1 contract

Samples: Urs Corp /New/

Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by the acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article Ten4; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of, premium, if any, and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article Ten4, be subordinated and junior in right of payment to the prior payment in full in cash of all Obligations obligations arising under Senior Indebtedness. The Notes will be contractually equal in right of payment to the Company's 91/4% Senior Subordinated Notes due 2010.

Appears in 1 contract

Samples: Advanced Medical Optics (Advanced Medical Optics Inc)

Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes issued hereunder by the its acceptance thereof likewise covenant covenants and agreeagrees, that all Notes shall be issued subject to the provisions of this Article Ten; 12, and each person holding any Note, whether upon original issue or upon transfer, transfer or assignment or exchange thereof, accepts and agrees that to be bound by such provisions. The payment of all payments amounts on account of the principal of, premium, if any, and interest on the all Notes by the Company issued hereunder shall, to the extent and in the manner hereinafter set forth in this Article Tenforth, be subordinated and junior subject in right of payment to the prior payment in full in cash of all Obligations arising under Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter created, assumed or guaranteed.

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by the acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article TenEight; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of, premium, if any, and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article TenEight, be subordinated and junior in right of payment to the prior payment in full in cash of all Obligations arising under Senior Indebtedness.

Appears in 1 contract

Samples: Amo Holdings LLC

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Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by the its acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article Ten11; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of, of and premium, if any, interest and interest Liquidated Damages, if any, on the Notes by the Company shallwill, to the extent and in the manner set forth in this Article Ten11, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations arising under Senior Indebtedness, whether outstanding on the date of the Indenture or thereafter incurred.

Appears in 1 contract

Samples: Supplemental Indenture (Encore Industries Inc /Ga)

Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and the Trustee each Holder, by its acceptance of a Note, likewise covenants and each Holder of the Notes by the acceptance thereof likewise covenant and agree, agrees that all Notes shall be issued subject to the provisions of this Article Ten; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of, premium, if any, and interest on the Notes by the Company Senior Subordinated Obligations shall, to the extent and in the manner set forth in this Article Ten, be subordinated and junior in right of payment to the prior payment in full full, in cash or cash equivalents, of all Obligations arising under existing and future Senior Indebtedness.

Appears in 1 contract

Samples: Primark Corp

Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by the his or her acceptance thereof likewise covenant covenants and agreeagrees, that all Notes shall be issued subject to the provisions of this Article TenEight; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of, premium, if any, and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article TenEight, be subordinated and junior in right of payment to the prior payment in full in cash of all Obligations arising amounts payable under Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Nbty Inc)

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