Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN
Appears in 2 contracts
Subordination of Subrogation and Other Rights. Each The Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such the Guarantor’s 's obligations under its the Guarantee or this the Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such the Guarantor shall be made before, the payment in full in cash of all outstanding Securities of each series in accordance with the provisions provided therefor in this the Indenture. ARTICLE ELEVENTHREE CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE
Appears in 2 contracts
Samples: Guarantee Agreement (Burlington Resources Finance Co), Guarantee Agreement (Burlington Resources Inc)
Subordination of Subrogation and Other Rights. Each The Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such the Guarantor’s 's obligations under its the Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such the Guarantor shall be made before, the payment in full in cash of all outstanding Securities of each series in accordance with the provisions provided therefor therefore in this Indenture. ARTICLE ELEVEN.
Appears in 2 contracts
Samples: Brown Tom Inc /De, Brown Tom Inc /De
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE [INTENTIONALLY OMITTED] ARTICLE THIRTEEN
Appears in 2 contracts
Samples: Cooperative Computing Inc /De/, Activant Solutions Inc /De/
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN
Appears in 2 contracts
Samples: Manischewitz B Co LLC, Triton PCS Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Subsidiary Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN
Appears in 2 contracts
Samples: Indenture (Metris Companies Inc), Metris Direct Inc
Subordination of Subrogation and Other Rights. Each The Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such the Guarantor’s obligations under its the Guarantee or this the Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such the Guarantor shall be made before, the payment in full in cash of all outstanding Securities of each series in accordance with the provisions provided therefor in this the Indenture. ARTICLE ELEVEN.
Appears in 2 contracts
Samples: Guarantee Agreement (Ibm International Group Capital LLC), Guarantee Agreement (International Business Machines Corp)
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee Guaranty or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE
Appears in 2 contracts
Samples: Timber Tech Inc, Airxcel Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its the Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN11
Appears in 2 contracts
Subordination of Subrogation and Other Rights. Each The Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such the Guarantor’s 's obligations under its the Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such the Guarantor shall be made before, the payment in full in cash of all outstanding Securities of each series in accordance with the provisions provided therefor therefore in this Indenture. ARTICLE ELEVENFOURTEEN [INTENTIONALLY OMITTED] ARTICLE FIFTEEN
Appears in 2 contracts
Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De)
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTHIRTEEN
Appears in 1 contract
Samples: MTS Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Subsidiary Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE
Appears in 1 contract
Samples: WTNH Broadcasting Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its the Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Senior Debt in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Falcon Products Inc /De/
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee Guaranty or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE
Appears in 1 contract
Samples: Tanner Chemicals Inc
Subordination of Subrogation and Other Rights. Each The Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such the Guarantor’s 's obligations under its the Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such the Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Fedders North America Inc
Subordination of Subrogation and Other Rights. 75 -75- Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its a Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE [INTENTIONALLY OMITTED]
Appears in 1 contract
Samples: Indenture (Roma Fort Worth Inc)
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE
Appears in 1 contract
Samples: Indenture (Lin Television Corp)
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its the Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Senior Indebtedness and Guarantor Senior Indebtedness in accordance with the provisions provided therefor in this Indenture. 83 84 ARTICLE ELEVENTWELVE
Appears in 1 contract
Samples: Indenture (Scot Inc)
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE
Appears in 1 contract
Samples: Tultex Corp
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Polymer Group Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE
Appears in 1 contract
Samples: Polymer Group Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provi- sions provided therefor in this Indenture. ARTICLE ELEVENTWELVE Subordination of Guarantee Section 12.01.
Appears in 1 contract
Samples: Newport News Shipbuilding Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Subsidiary Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Homco Puerto Rico Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Indenture (MTS Inc)
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee the 98 88 Guarantees or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee the Guarantees or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Carson Products Co
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Bedding Experts Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its the Subsidiary Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Pasta Group L L C
Subordination of Subrogation and Other Rights. Each Guarantor The Guarantors hereby agrees agree that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s the Guarantors' obligations under its the Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor the Guarantors shall be made before, the payment in full in cash or Cash Equivalents of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Registration Rights Agreement (West Texas & Lubbock Railroad Co Inc)
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee the Subsidiary Guarantees or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities Notes in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVEN.
Appears in 1 contract
Samples: Salton Inc
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. 104 -96- ARTICLE ELEVENTWELVE
Appears in 1 contract
Samples: Definitions and Incorporation by Reference (Dolco Packaging Corp /De/)
Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under its Subsidiary Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Securities in accordance with the provisions provided therefor in this Indenture. ARTICLE ELEVENTWELVE [INTENTIONALLY OMITTED]
Appears in 1 contract
Samples: Lin Television Corp