Common use of Notes Subordinated to Senior Indebtedness Clause in Contracts

Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and each Noteholder, by its acceptance of a Note, likewise covenants and agrees that all Notes shall be issued subject to the subordination provisions of this Article XV; and each Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal, premium and interest on the Notes shall, to the extent and in the manner set forth in this Article XV, be subordinated in right of payment to the prior payment in full, in cash or cash equivalents, of all amounts payable under Senior Indebtedness, including, without limitation, the Company’s obligations under the Bank Credit Agreement (including any interest accruing subsequent to an event specified in Sections 6.01(g) and 6.01(h), whether or not such interest is an allowed claim enforceable against the debtor under the United States Bankruptcy Code).

Appears in 2 contracts

Samples: Indenture (Agco Corp /De), Indenture (Agco Corp /De)

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Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and each Noteholderholder, by its acceptance of a Note, likewise covenants and agrees that all Notes shall be issued subject to the subordination provisions of this Article XVXIV; and each Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal, premium and interest on the Notes shall, to the extent and in the manner set forth in this Article XVXIV, be subordinated in right of payment to the prior payment in full, in cash or cash equivalents, of all amounts payable under Senior Indebtedness, including, without limitation, the Company’s 's obligations under the Bank Existing Credit Agreement Facility and the Senior Notes (including any interest accruing subsequent to an event specified in Sections 6.01(g) and 6.01(h), whether or not such interest is an allowed claim enforceable against the debtor under the United States Bankruptcy Code).

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and each Noteholderholder, by its acceptance of a Note, likewise covenants covenant and agrees agree that all Notes shall be issued subject to the subordination provisions of this Article XV15; and each Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal, premium and interest on the Notes shall, to the extent and in the manner set forth in this Article XV15, be subordinated in right of payment to the prior payment in full, in cash or cash equivalents, of all amounts payable under Senior Indebtedness, including, without limitation, the Company’s 's obligations under the Bank Credit Agreement (including any interest accruing subsequent to an event specified in Sections 6.01(g) and 6.01(h)) of this Indenture, whether or not such interest is an allowed claim enforceable against the debtor under the United States Bankruptcy Code).

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and each NoteholderHolder, by its acceptance of a Note, likewise covenants and agrees that all Notes shall be issued subject to the subordination provisions of this Article XVTen; and each Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal, premium and interest on the Notes Senior Subordinated Obligations shall, to the extent and in the manner set forth in this Article XVTen, be subordinated in right of payment to the prior payment in full, in cash or cash equivalents, of all amounts payable under Senior Indebtedness, including, without limitation, the Company’s obligations under the Bank Credit Agreement (including any interest accruing subsequent to an event specified in Sections 6.01(g) and 6.01(h)) of this Indenture, at the rate provided for in the Credit Agreement or in such other Senior Indebtedness, whether or not such interest is an allowed claim enforceable against the debtor under the United States Bankruptcy Code).

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

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Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and each NoteholderHolder, by its acceptance of a Note, likewise covenants and agrees that all Notes shall be issued subject to the subordination provisions of this Article XVTen; and each Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal, premium and interest on the Notes Senior Subordinated Obligations shall, to the extent and in the manner set forth in this Article XVTen, be subordinated in right of payment to the prior payment in full, in cash or cash equivalents, of all amounts payable under Senior Indebtedness, including, without limitation, the Company’s obligations under the Bank Credit Agreement Indebtedness (including any interest accruing subsequent to an event specified in Sections 6.01(g) and 6.01(h)) of this Indenture, whether or not such interest is an allowed claim enforceable against the debtor under the United States Bankruptcy Code).

Appears in 1 contract

Samples: Pagemart Wireless Inc

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