Common use of Securities Subordinated to Senior Debt Clause in Contracts

Securities Subordinated to Senior Debt. The Company and the Guarantors and each Holder, by its acceptance of Securities, agree that (a) the payment of the principal of and interest on the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company or the Guarantors (including, without limitation, pursuant to Article III or Section 4.1, 4.14, 11.1, 11.2 or Article XII is expressly made and shall be subordinated in right of payment, to the extent and in the manner provided in this Article X, to the prior payment in full in Cash of all existing and future Senior Debt of the Company and the Guarantors and that these subordination provisions are for the benefit of the holders of Senior Debt. This Article X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Debt. The Company and the Guarantors and each Holder, by its acceptance of Securities, agree that (a) the payment of the principal of and interest on the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company or and the Guarantors (including, without limitation, pursuant to Article III or Section 4.1, 4.14, 11.1, 11.2 Article X or Article XII XI) is expressly made and shall be subordinated in right of paymentsubordinated, to the extent and in the manner provided in this Article XXII, to the prior payment in full in cash or Cash Equivalents of all existing and future Senior Debt of the Company and the Guarantors and that these subordination provisions are for the benefit of the holders of Senior Debt. This Article X XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt, Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Debt. The Company and Issuers, the Guarantors and each Holder, by its acceptance of Securities, agree that (a) the payment of the principal of and interest on the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company Issuers or the Guarantors (including, without limitation, pursuant to Article III Section 4.13 or Section 4.1, 4.14, 11.1, 11.2 or Article XII 10.1) is expressly made and shall be subordinated in right of paymentsubordinated, to the extent and in the manner provided in this Article XXII, to the prior payment in full in Cash or Cash Equivalents of all existing and future Senior Debt of the Company Issuers and the Guarantors Guarantors, and that these subordination provisions are for the benefit of the holders of Senior Debt. This Article X XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Debt. The Company and the Guarantors and each Holder, by its acceptance of Securities, agree that (a) the payment of the principal of and interest on the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company or and the Guarantors (including, without limitation, pursuant to Article III or Section 4.1, 4.14, 11.1, 11.2 or Article XII XII) is expressly made and shall be subordinated in right of paymentsubordinated, to the extent and in the manner provided in this Article XXIII, to the prior payment in full in cash or Cash Equivalents of all existing and future Senior Debt of the Company and the Guarantors and that these subordination provisions are for the benefit of the holders of Senior Debt. This Article X XIII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt, Debts and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Debt. The Company and the Guarantors and each Holder, by its acceptance of Securities, agree that (a) the payment of the principal of and interest on the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company or the Guarantors (including, without limitationlimita- tion, pursuant to Article III or Section 4.1, 4.14, 11.1, 11.2 or Article XII is expressly made and shall be subordinated in right of payment, to the extent and in the manner provided in this Article X, to the prior payment in full in Cash of all existing and future Senior Debt of the Company and the Guarantors and that these subordination provisions are for the benefit of the holders of Senior Debt. This Article X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Debt. The Company and Issuer, the Guarantors and each Holder, by its acceptance of Securities, agree that (a) the payment of the principal of and interest on the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company Issuer or the Guarantors (including, without limitation, pursuant to Article III Section 4.13 or Section 4.1, 4.14, 11.1, 11.2 or Article XII 10.1) is expressly made and shall be subordinated in right of paymentsubordinated, to the extent and in the manner provided in this Article XXII, to the prior payment in full in Cash or Cash Equivalents of all existing and future Senior Debt of the Company Issuer and the Guarantors Guarantor, and that these subordination provisions are for the benefit of the holders of Senior Debt. This Article X XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Securities Subordinated to Senior Debt. The Company and the Guarantors and each Holder, by its acceptance of Securities, agree that (a) the payment of the principal of and premium, if any, interest on on, and Liquidated Damages, if any, with respect to the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the Company or and the Guarantors (including, without limitation, pursuant to Article III Section 4.13 or Section 4.1, 4.14, 11.1, 11.2 or Article XII 10.1) is expressly made and shall be subordinated in right of paymentsubordinated, to the extent and in the manner provided in this Article XXII, to the prior payment in full in Cash or Cash Equivalents of all existing and future Senior Debt of the Company and the Guarantors and that these subordination provisions are for the benefit of the holders of Senior Debt. This Article X XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.