Applicability of Article; Agreement to Subordinate. The provisions of this Article XII shall be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this Article XII as "Subordinated Debt Securities") designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness. Each Holder by accepting a Subordinated Debt Security agrees that the Indebtedness evidenced by such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this Article XII shall be subject to Section 12.12.
Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE XII shall only be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this ARTICLE XII as “Subordinated Debt Securities”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee of such Subordinated Debt Securities. Each Holder by accepting a Subordinated Debt Security agrees that the Debt evidenced by such Subordinated Debt Security and any related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE XII shall be subject to Section 2.12.
Applicability of Article; Agreement to Subordinate. In the event a series of Securities is designated as subordinated pursuant to Section 3.01 (“Subordinated Securities”) and except as otherwise provided in a supplemental indenture or pursuant to Section 3.01, the Company, for itself, its successors and assigns, covenants and agrees, and each Holder of Subordinated Securities by his acceptance thereof, likewise covenants and agrees, that the payment of the principal of (and premium, if any) and interest, if any, on each and all of the Subordinated Securities is hereby expressly subordinated, to the extent and in the manner set forth in this Article, in right of payment to the prior payment in full of all Senior Indebtedness.
Applicability of Article; Agreement to Subordinate. The provisions of this Article 10 shall be applicable to the Securities of any series (Securities of such series referred to in this Article 10 as "Subordinated Debt Securities") designated pursuant to Section 2.02 as subordinated to Senior Indebtedness. Notwithstanding any other provision to the contrary in this Indenture, the Company covenants and agrees, and each Holder by accepting a Subordinated Debt Security covenants and agrees, that the principal of (and premium, if any) and interest on the Indebtedness now or hereafter evidenced by the Subordinated Debt Security and this Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full in cash of all existing and future Senior Indebtedness, and that the subordination provisions set forth in this Article are for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness. Each Holder of a Subordinated Debt Securities authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate, in the sole discretion of the Trustee, to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness as provided in this Article and appoints the Trustee as such Holder's attorney-in-fact for any and all such purposes, including, in the event of any voluntary or involuntary liquidation or dissolution of the Company, whether total or partial, or in a bankruptcy, reorganization, insolvency, receivership, dissolution, assignment for the benefit of creditors, marshaling of assets or similar proceeding relating to the Company or its property, the timely filing of a claim for the unpaid balance of such Holder's Securities in the form required in said proceeding and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 20 days before the expiration of the time to file such claim or claims, then the Principal Agent is hereby authorized to have the right to file and is hereby authorized to file an appropriate claim for and on behalf of the Holders; provided, however, that any such claim filed by the Principal Agent shall be superseded by the claim, if any, subsequently filed by the Trustee. Each Holder of a Subordinated Debt Security by accepting a Security acknowledges and agrees that the subordination provision set forth in this Article are, and are int...
Applicability of Article; Agreement to Subordinate. Except as provided otherwise in any Officers' Certificate or indentures supplemental hereto establishing the terms of a series of Securities, the provisions of this Article Fourteen shall be applicable to the Securities of any series (Securities of such series referred to in this Article Fourteen as "Subordinated Securities") designated, pursuant to Section 3.01, as subordinated to Senior Indebtedness. Each Holder by accepting a Subordinated Security agrees that the Indebtedness evidenced by such Subordinated Security is subordinated in right of payment, to the extent and in the manner provided in this Article Fourteen, to the prior payment of all Senior Indebtedness with respect to such series of Securities and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this Article Fourteen shall be subject to Section 1411. The Officers' Certificate or indenture supplemental hereto establishing the terms of a series of Securities may provide provisions relating to the subordination of that series that differ from, add to, diminish from, or replace in their entirety any or all of the provisions of this Article Fourteen with respect to such series of Securities and that identify the same or different Senior Indebtedness for each series of Subordinated Securities hereunder, including provisions subordinating a series of Subordinated Securities to any or all other series of Subordinated Securities.
Applicability of Article; Agreement to Subordinate. The provisions of this Article X shall only be applicable to the Securities of any series (Securities of such series referred to in this Article X as “Subordinated Securities”) designated, pursuant to Section 2.01, as subordinated to Senior Indebtedness and any related Guarantee of such Subordinated Securities.
Applicability of Article; Agreement to Subordinate. In the event a series of Notes is designated as subordinated pursuant to Section 2.01 (“Subordinated Notes”) and except as otherwise provided in a supplemental indenture or pursuant to Section 2.01, the Company, for itself, its successors and assigns, covenants and agrees, and each Holder of Subordinated Notes by such Xxxxxx’s acceptance thereof, likewise covenants and agrees, that the payment of the principal of (and premium, if any) and interest, if any, on each and all of the Subordinated Notes is hereby expressly subordinated, to the extent and in the manner set forth in this Article, in right of payment to the prior payment in full of all Senior Indebtedness.
Applicability of Article; Agreement to Subordinate. The provisions of this Article XII shall be applicable to all the Debt Securities of any series issued under this Indenture. Each Holder by accepting a Debt Security agrees that the Debt evidenced by such Debt Security is subordinated in right of payment, to the extent and in the manner provided in this Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this Article XII shall be subject to Section 12.12.
Applicability of Article; Agreement to Subordinate. The provisions of this Article XII shall be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this Article XII as "Subordinated Debt Securities") designated, pursuant to Section
Applicability of Article; Agreement to Subordinate. The provisions of this Article XIV shall be applicable to the Debt Securities of any series (Debt Securities of such series being referred to in this Article XIV as “Subordinated Debt Securities”) except to the extent such provisions may be changed or added to pursuant to Section 2.03. Each Holder by accepting a Subordinated Debt Security agrees that the indebtedness evidenced by such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this Article XIV (as the same may be changed or added to pursuant to Section 2.03 or by any supplemental indenture), to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this Article XIV shall be subject to Section 14.12.
