Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 10 contracts
Samples: Collateral Agent Agreement (Arch Wireless Inc), Subordination Agreement (Polska Telefonia Cyfrowa Sp Zoo), Collateral Agent Agreement (Arch Wireless Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 8 contracts
Samples: Senior Subordinated Loan Agreement (J Crew Group Inc), Indenture (Sanmina-Sci Corp), Indenture (Celestica Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note Security acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesSecurities, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 7 contracts
Samples: Indenture (Millennium Pharmaceuticals Inc), Indenture (Etoys Inc), Indenture (Etoys Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesSecurities, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 3 contracts
Samples: Supplemental Indenture (Revlon Inc /De/), Supplemental Indenture (Revlon Inc /De/), Supplemental Indenture (Revlon Inc /De/)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesNote, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 3 contracts
Samples: Joint Venture Agreement (Greif Brothers Corp), Technical Olympic Usa Inc, Tousa Delaware Inc
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note Security acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesSecurities, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 3 contracts
Samples: Epicept Corporation (Epicept Corp), Epicept Corporation (Epicept Corp), Teligent Inc
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder Noteholder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt Debt, and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 3 contracts
Samples: Second Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp), Supplemental Indenture (Whiting Petroleum Corp)
Reliance by Holders of Senior Debt on Subordination Provisions. (a) Each Holder by accepting a New Subordinated Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the New Subordinated Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 2 contracts
Samples: Registration Rights Agreement (Dvi Inc), Registration Rights Agreement (Dvi Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder Securityholder by accepting a Note Security acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior DebtDebt of the Company, whether such Senior Debt was created or acquired before or after the issuance of the NotesSecurities, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 2 contracts
Samples: Indenture (Intersil Holding Co), Radio One Inc
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note any Security of any Series acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesNote, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 2 contracts
Samples: TOUSA Investment #1, Inc., TOUSA Investment #1, Inc.
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder Securityholder by accepting a Note Security acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesSecurities, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 2 contracts
Samples: Video Satellite (Tv Guide Inc), Fairpoint Communications Inc
Reliance by Holders of Senior Debt on Subordination Provisions. No Waiver. (a) Each Holder Subordinated Lender by accepting a Note the Subordinated [Note][Guarantee] acknowledges and agrees that the foregoing these subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesSubordinated [Note][Guarantee], to acquire and continue to hold, or to continue to hold, hold such Senior Debt Debt, and such each holder of Senior Debt shall will be deemed conclusively to have relied on such these subordination provisions in acquiring and continuing to hold, or in continuing to hold, holding such Senior Debt.
Appears in 2 contracts
Samples: Second Priority Security Agreement (Kindred Healthcare Inc), Credit Agreement (Kindred Healthcare Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder Debentureholder by accepting a Note Debenture acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesDebentures, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 2 contracts
Samples: Indenture (Petroleum Heat & Power Co Inc), Indenture (Petroleum Heat & Power Co Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesNotes and the Subsidiary Guarantees, to acquire and continue to hold, or to continue to hold, such Senior Debt Debt, and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Villa Pines Care LLC
Reliance by Holders of Senior Debt on Subordination Provisions. (a) Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior DebtDebt of a Subordinated Guarantor, whether such Senior Debt was created or acquired before or after the issuance of the NotesSubordinated Debt, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note The Lender acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, be an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance funding of the NotesLoans, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Credit Agreement (J Crew Group Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. (a) Each Holder holder by accepting a Senior Subordinated Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior DebtDebt of the Issuers, whether such Senior Debt was created or acquired before or after the issuance of the Senior Subordinated Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: VHS of Anaheim Inc
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Senior Subordinated Notes, to acquire and continue to hold, or to continue to hold, hold such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, hold such Senior Debt.
Appears in 1 contract
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder Lender by accepting a Loan Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Loan Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note Debenture acknowledges and agrees that the foregoing subordination provisions in the Intercreditor and Subordination Agreement are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesDebentures, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Security Agreement (Security Devices International Inc.)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions of this Article X are, and are intended to be, an inducement and a consideration to each holder of any Senior DebtDebt of the Company, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior DebtDebt of the Partnership or any Guarantor, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior DebtDebt of the Company, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Labranche & Co Inc
Reliance by Holders of Senior Debt on Subordination Provisions. (a) Each Holder holder by accepting a Senior Subordinated Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior DebtDebt of a Guarantor, whether such Senior Debt was created or acquired before or after the issuance of the Senior Subordinated Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: VHS of Anaheim Inc
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder Debentureholder by accepting a Note Debenture acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any my Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the NotesDebentures, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Petroleum Heat & Power Co Inc
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance theissuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Indenture (Goss Holdings Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder Holder, by accepting a Note this Note, acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Noteshereof, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Santander Bancorp
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder The Lender by accepting a the Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior DebtDebt of the Borrower, whether such Senior Debt was created or acquired before or after the issuance of the NotesClosing Date, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt of the Borrower shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note this Debenture acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Notesthis Debenture, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Em Laboratories Inc)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder Holder of any Senior DebtDebt of the Company, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: First Supplemental Indenture (DCP Midstream Partners, LP)
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder of Notes by accepting a Note acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of the Notes, to acquire and continue to holdacquire, or to continue to hold, such Senior Debt and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Avery Berkel Holdings LTD
Reliance by Holders of Senior Debt on Subordination Provisions. Each Holder by accepting a Note The Lender acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Debt, whether such Senior Debt was created or acquired before or after the issuance borrowing of the Notesany Loans, to acquire and continue to hold, or to continue to hold, such Senior Debt and such holder of such Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt.
Appears in 1 contract
Samples: Capital Facility Agreement (Delta Energy Center, LLC)