Common use of Subordination Provisions Clause in Contracts

Subordination Provisions. The Company covenants and agrees, and Originator and any other holder of this Company Note (collectively, Originator and any such other holder are called the “Holder”), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 8 contracts

Samples: Purchase and Sale Agreement (Cooper Tire & Rubber Co), Purchase and Sale Agreement (Triumph Group Inc), Purchase and Sale Agreement (Owens Corning)

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Subordination Provisions. The Company covenants and agrees, and the Originator and any other holder of this Company Note (collectively, the Originator and any such other holder are called the "Holder"), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Carpenter Technology Corp), Performance Guaranty (Ugi Corp /Pa/), Purchase and Sale Agreement (Ugi Corp /Pa/)

Subordination Provisions. The Company covenants and agrees, and the Originator and any other holder of this Company Note (collectively, the Originator and any such other holder are called the “Holder”), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Ugi Corp /Pa/), Purchase and Sale Agreement (Ugi Corp /Pa/), Purchase and Sale Agreement (Worthington Industries Inc)

Subordination Provisions. The Company covenants and agrees, and the Originator and any other holder of this Company Note (collectively, the Originator and any such other holder are called the “Holder”), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9that:

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Vistra Energy Corp.), Purchase and Sale Agreement (Vistra Energy Corp.), Purchase and Sale Agreement (Vistra Energy Corp.)

Subordination Provisions. The Company covenants and agrees, and the Servicer, each Originator and any other holder of this Company Note (collectively, the Originator and any such other holder are called the “Holder”), by its acceptance of this Company NoteNote (or a beneficial interest herein), likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9that:

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Vistra Corp.), Purchase and Sale Agreement (Vistra Corp.), Master Framework Agreement (Vistra Corp.)

Subordination Provisions. The Company covenants and agrees, and Originator the Transferor and any other holder of this Company Note (collectively, Originator the Transferor and any such other holder are called the “Holder”), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 2 contracts

Samples: Sale and Contribution Agreement (Arch Coal Inc), Sale and Contribution Agreement (Alliance Resource Partners Lp)

Subordination Provisions. The Company covenants and agrees, and the Originator and any other holder of this Company Note (collectively, the Originator and any such other holder are called the “Holder”), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company NoteHolder, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 2 contracts

Samples: Purchase and Sale Agreement (VWR Funding, Inc.), Purchase and Sale Agreement (SWIFT TRANSPORTATION Co)

Subordination Provisions. The Company covenants and agrees, and Originator and any other holder of this Company Note (collectively, the Originator and any such other holder are called the “Holder”), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of (i) the Senior Interests and (ii) each L/C Note, to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 1 contract

Samples: Receivables Purchase Agreement (Armstrong World Industries Inc)

Subordination Provisions. The Company WFC covenants and agrees, and Originator and any other holder of this Company Note (collectively, Originator and any such other holder are called the "Holder"), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Werner Holding Co Inc /Pa/)

Subordination Provisions. The Company covenants and agrees, and Originator and any other holder of this Company L/C Note (collectively, the Originator and any such other holder are called the “Holder”), by its acceptance of this Company L/C Note, likewise covenants and agrees on behalf of itself and any holder of this Company L/C Note, that the payment of the principal amount of and interest on this Company L/C Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 1 contract

Samples: Receivables Purchase Agreement (Armstrong World Industries Inc)

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Subordination Provisions. The Company covenants and agrees, and the Originator and any other holder of this Company Subordinated Note (collectively, the Originator and any such other holder are called the “Holder”), by its acceptance of this Company Subordinated Note, likewise covenants and agrees on behalf of itself and any holder of this Company NoteHolder, that the payment of the principal amount of and interest on this Company Subordinated Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 1 contract

Samples: Receivables Purchase Agreement (Concentrix Corp)

Subordination Provisions. The Company covenants and agrees, and Originator and any other holder of this Company Term Note (collectively, Originator and any such other holder are called the “Holder”), by its acceptance of this Company Term Note, likewise covenants and agrees on behalf of itself and any holder of this Company Term Note, that the payment of the principal amount of and interest on this Company Term Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Adesa California, LLC)

Subordination Provisions. The Company covenants and agrees, and the Originator and any other holder of this Company Note (collectively, the Originator and any such other holder are called the “Holder”"HOLDER"), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph PARAGRAPH 9:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Worthington Industries Inc)

Subordination Provisions. The Company covenants and agrees, and Originator and any other holder of this Company Note (collectively, Originator and any such other holder are called the "Holder"), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sequa Corp /De/)

Subordination Provisions. The Company covenants and agrees, and the Originator and any other holder of this Company Subordinated Note (collectively, the Originator and any such other holder are called the “Holder”), by its acceptance of this Company Subordinated Note, likewise covenants and agrees on behalf of itself and any holder of this Company NoteHolder, that the payment of the principal amount of and interest on this Company Subordinated Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 98:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Synchronoss Technologies Inc)

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