Subordinated Securities Sample Clauses

Subordinated Securities. 21 Subsidiary.................................................................................21
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Subordinated Securities. (b) The Issuer covenants and agrees, and each Holder of Subordinated Securities by his acceptance thereof whether upon original issue or upon assignment or transfer thereof likewise covenants and agrees, that the indebtedness represented by the Subordinated Securities and the payment of the principal and interest, if any, on the Subordinated Securities is subordinated and subject in right, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Indebtedness.
Subordinated Securities. The provisions of this Article X shall be applicable to Securities of any series (Securities of such series referred to in this Article X as "Subordinated Securities") designated, pursuant to Section 2.01(21), as subordinated to Senior Indebtedness. The Company and each Holder of a Subordinated Security, by his or her acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Subordinated Securities and (b) any other payment in respect of the Subordinated Securities, including on account of the acquisition or redemption of Subordinated Securities by the Company, is subordinated, to the extent and in the manner provided in this Article X, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness of the Company. Each Holder of a Subordinated Security, by his or her acceptance thereof, acknowledges and agrees that the provisions of this Article X are, and are intended to be, an inducement and a consideration to all Persons who, in reliance on such provisions, become holders of, or continue to hold, Senior Indebtedness of the Company, and such provisions are made for the benefit of the holders of Senior Indebtedness of the Company, and those holders are made obligees hereunder, and any one or more of them may enforce such provisions.
Subordinated Securities. The subordination provisions of the Junior Subordinated Notes are enforceable against the holders of the Junior Subordinated Notes, and the Loans and all other monetary obligations hereunder are within the definition of "Senior Debt" included in the Junior Subordinated Notes. ARTICLE IV
Subordinated Securities. In the case of an offering of Subordinated Securities, the Subordinated Securities have been duly and validly authorized by the Company and, when executed by the proper officers of the Company, and authenticated in accordance with the provisions of the Subordinated Indenture and delivered to and paid for by the Underwriters pursuant to this Agreement, will constitute valid and binding obligations of the Company entitled to the benefits of the Subordinated Indenture and enforceable against the Company in accordance with their terms, except as enforcement thereof may be limited by the Bankruptcy Exceptions; the Subordinated Securities are in the form contemplated by the Subordinated Indenture.
Subordinated Securities. 47 Section 10.02 No Payment on Subordinated Securities in Certain Circumstances................................................48 Section 10.03 Subordinated Securities Subordinated to Prior Payment of All Senior Indebtedness on Dissolution, Liquidation or Reorganization...............................................49 Section 10.04 Subrogation to Rights of Holders of Senior Indebtedness......50 Section 10.05 Obligations of the Company Unconditional.....................51 Section 10.06 Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice............................................51 Section 10.07 Application by Trustee of Amounts Deposited with It..........52 Section 10.08 Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness.............52 Section 10.09 Trustee to Effectuate Subordination of Subordinated Securities...................................................52 Section 10.10 Right of Trustee to Hold Senior Indebtedness.................53 Section 10.11 Article X Not to Prevent Events of Default...................53 Section 10.12 No Fiduciary Duty of Trustee to Holders of Senior Indebtedness..........................................53 Section 10.13 Article Applicable to Paying Agent...........................53
Subordinated Securities. 10 "Subsidiary" .......................................................... 10 "Trading Day" ......................................................... 10
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Subordinated Securities. The subordination provisions of the ----------------------- Wellington Subordinated Debt are enforceable against Holdings and the holders thereof, and the Loans and all other monetary obligations hereunder (including, without limitation, pursuant to the Holdings Guaranty) are within the definition of "Senior Indebtedness" included in such provisions.
Subordinated Securities. 10 SECTION 2.1
Subordinated Securities. The subordination provisions of the Convertible Subordinated Debt are enforceable against the Borrower and the holders thereof, and the Loans and all other monetary obligations hereunder are within the definition of "Senior Indebtedness" included in such provisions.
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