Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eleven; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eleven, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 4 contracts
Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Standard Pacific Corp /De/
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities a Security, by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eleven; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts likewise covenants and agrees that all payments of the principal of and interest on the Securities by the Company shallagrees, that, to the extent and in the manner hereinafter set forth in this Article, the indebtedness represented by the Securities and the payment of the principal of and premium, if any, and interest on each and all of the Securities, and the amount, if any, of the Repurchase Price payable in respect of Securities pursuant to Article ElevenFourteen, be subordinated are hereby expressly made subordinate and junior subject in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 3 contracts
Samples: Exhibit 4 (Converse Inc), Building One Services Corp, Converse Inc
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eleven; and each person holding any a Security, whether upon original issue or upon transfer, assignment or exchange by its acceptance thereof, accepts likewise covenants and agrees that all payments of the principal of and interest on the Securities by the Company shallagrees, that, to the extent and in the manner hereinafter set forth in this Article, the indebtedness represented by the Securities and the payment of the principal of and premium, if any, and interest on each and all of the Securities, and the amount, if any, of the Repurchase Price payable in respect of Securities pursuant to Article ElevenFourteen, be subordinated are hereby expressly made subordinate and junior subject in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Samples: Kent Electronics Corp, Kent Electronics Corp
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenEight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company (other than any payment made from Collateral held in the Escrow Account) shall, to the extent and in the manner set forth in this Article ElevenEight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Samples: Tci Satellite Entertainment Inc, Tci Satellite Entertainment Inc
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenTwelve; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal of, interest on and all payments other amounts owing in respect of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eleven, will be subordinated and junior in right of payment to the prior payment in full in cash of principal of, interest on and all other amounts payable under owing in respect of all of the Company's Senior IndebtednessIndebtedness to the extent set forth in this Article Twelve.
Appears in 2 contracts
Samples: Collins & Aikman Products Co, Collins & Aikman Products Co
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenEight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article ElevenEight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenEight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium of, if any, and interest on and other Obligations relating to the Securities by or on behalf of the Company shall, to the extent and in the manner set forth in this Article ElevenEight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (General Chemical Group Inc), Indenture (Gentek Inc)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities (except as otherwise specified as contemplated by Section 2.01) shall be issued subject to the provisions of this Article ElevenTwelve; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of principal of, interest on and all payments other amounts owing in respect of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eleven, will be subordinated and junior in right of payment to the prior payment in full in cash of principal of, interest on and all other amounts payable under owing in respect of all of the Company's Senior IndebtednessIndebtedness to the extent set forth in this Article Twelve.
Appears in 2 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eleven10; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eleven10, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred.
Appears in 2 contracts
Samples: Covenants (General Cable Corp /De/), Vail Resorts Inc
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenTwelve; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article ElevenTwelve, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred.
Appears in 2 contracts
Samples: Indenture (Horton D R Inc /De/), HPH Homebuilders 2000 Lp
Securities Subordinated to Senior Indebtedness. The Company Each of the Issuers covenants and agrees, and the Trustee and each Holder of the Securities by his its acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenEight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Securities by either of the Company Issuers shall, to the extent and in the manner set forth in this Article ElevenEight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 1 contract
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenEight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article ElevenEight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 1 contract
Samples: Airxcel Inc
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenEight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article ElevenEight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 1 contract
Samples: St John Knits Inc
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities Se- curities by his acceptance thereof likewise covenant and agree, that all Securities Secu- rities shall be issued subject to the provisions of this Article ElevenArticle; and each person holding any Security, whether upon original issue or upon transfer, assignment as- signment or exchange thereof, accepts and agrees that all payments of the principal of and interest and Additional Interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article ElevenArticle, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness. Section 8.02.
Appears in 1 contract
Samples: Newport News Shipbuilding Inc
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities issued hereunder by his its acceptance thereof likewise covenant covenants and agreeagrees, that all Securities shall be issued subject to the provisions of this Article Eleven12; and each person holding any Security, 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 and interest on the all Securities by the Company issued hereunder shall, to the extent and in the manner hereinafter set forth in this Article Elevenforth, be subordinated and junior subject in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter created, assumed or guaranteed.
Appears in 1 contract
Securities Subordinated to Senior Indebtedness. The Company Each Issuer covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenEight; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company Issuers shall, to the extent and in the manner set forth in this Article ElevenEight, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all amounts payable under Senior IndebtednessIndebtedness of the Issuers.
Appears in 1 contract
Samples: Graham Packaging Holdings Co
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities a Security, by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eleven; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts likewise covenants and agrees that all payments of the principal of and interest on the Securities by the Company shallagrees, that, to the extent and in the manner hereinafter set forth in this Article, the indebtedness represented by the Securities and the payment of the principal of and premium, if any, and interest on each and all of the Securities, and the amount, if any, of the Repurchase Price payable in respect of Securities pursuant to Article ElevenXIV, be subordinated are hereby expressly made subordinate and junior subject in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 1 contract
Samples: Indenture (Converse Inc)
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article Eleven; and each person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article Eleven, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 1 contract
Samples: Standard Pacific Corp /De/
Securities Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Securities by his or her acceptance thereof likewise covenant and agree, that all Securities shall be issued subject to the provisions of this Article ElevenArticle; and each person Person holding any Security, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Securities by the Company shall, to the extent and in the manner set forth in this Article ElevenArticle, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under all Senior Indebtedness.
Appears in 1 contract
Samples: Owens & Minor Inc/Va/