Common use of Agreement to Subordinate Clause in Contracts

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XV, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and the payment of principal, premium, if any, and interest on, the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XIII, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Debt, and that the subordination is for the benefit of and enforceable by the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt, including Senior Debt incurred after the date of this Indenture. A distribution may consist of cash, securities or other property, by set-off or otherwise.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder holder of Convertible Notes by accepting a Convertible Note agrees, that the Indebtedness indebtedness evidenced by the Notes Convertible Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10XI, to the prior payment in full in cash or payment satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed incurred or guaranteedassumed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder holder of Convertible Subordinated Notes by accepting a Convertible Subordinated Note agrees, that the Indebtedness indebtedness evidenced by the Notes Convertible Subordinated Note is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash or payment satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is and all other amounts payable under the Notes or this Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article 10Indenture, to the prior payment in full in cash of all existing and future Senior Debt (whether outstanding on Indebtedness of the date hereof or hereafter created, incurred, assumed or guaranteed)Company, and that the subordination is for the benefit of and enforceable by the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agreesand the Guarantors agree, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on of the Company, including Senior Debt incurred after the date hereof or hereafter created, incurred, assumed or guaranteed)of this Indenture, and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash or payment satisfactory to holders of Senior Indebtedness of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Each of the Company and the Guarantors agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes and the Guarantees is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteedGuaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agreesand the Guarantors agree, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by payment of the Notes is Subordinated Note Obligations shall be subordinated in right of payment, to the extent and in the manner provided as set forth in this Article 10, to the prior payment in full in cash of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and the payment of principal, premium, interest and Liquidated Damages, if any, on, the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by payment of principal, interest and Liquidated Damages, if any, on the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of such Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article [10], to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full in cash or Cash Equivalents of all Obligations on Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and the payment of principal, premium, interest and Liquidated Damages, if any, on, the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XII, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agreesand the Guarantors agree, and each Holder by accepting a Senior Subordinated Note agrees, that the Indebtedness evidenced by the Senior Subordinated Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Marketable Securities of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 15, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each ------------------------ Holder by accepting a Note agrees, that the Indebtedness Indebtedness, interest and other obligations of any kind evidenced by the Notes is and this Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash or cash equivalents of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XIV, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full full, in cash or Cash Equivalents, of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder Holder, by accepting a Note any Note, agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 106, to the prior payment in full of all Designated Senior Debt Indebtedness (whether outstanding on the date hereof on, or hereafter created, incurred, assumed or guaranteedguaranteed after, the Issue Date), and that the such subordination is for the benefit of the holders of Designated Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note (including but not limited to Liquidated Damages) is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, Holders agree that the Indebtedness indebtedness evidenced by the Notes this Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 6, to the prior payment in full full, in cash, of all Senior Debt (as defined below), (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt. A distribution may consist of cash, securities or other property, by set-off or otherwise.

Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10ARTICLE XIII, to the prior payment in full in cash or other consideration satisfactory to holders of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt. For the avoidance of doubt, the 2012 Notes are parri passu in right of payment to the Indebtedness evidenced by the Notes.

Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 106, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 8, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Obligations in respect of Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note Investor agrees, that the Indebtedness evidenced by the Notes is and the payment of principal thereof and interest thereon are subordinated in right of payment, to the extent and in the manner provided in this Article 10, payment to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each the Holder by ------------------------ accepting a this Note agrees, that the Indebtedness indebtedness evidenced by this Note and all of the Convertible Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 8, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Indebtedness, and that the such subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Senior Subordinated Note agrees, that the Indebtedness evidenced by the Notes Senior Subordinated Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof Issue Date or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agreesCompany, the Trustee and each Holder by accepting a Note agrees, that the Indebtedness indebtedness and obligations evidenced by the Notes is Note are subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full full, in cash, of all Obligations with respect to Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtDebt of the Company.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, Holders agree that the Indebtedness indebtedness evidenced by the Notes this Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 4, to the prior payment in full full, in cash, of all Senior Debt (as defined below), (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt. A distribution may consist of cash, securities or other property, by set-off or otherwise.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by all Obligations on the Notes is shall be subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, thereafter incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.. 73

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder the holder of this Note by accepting a this Note agrees, that the Indebtedness indebtedness and other obligations evidenced by the Notes is this Note are subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 4, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of and enforceable by the holders of such Senior DebtDebt (the “Senior Debtholders”).

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 15, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder Holder, by accepting a Note any Note, agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full of all the Designated Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Indebtedness, and that the such subordination is for the benefit of the holders of the Designated Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by and all Obligations relating to the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether 77 outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt Debt, including the Senior Notes (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt. The Notes shall be "Designated Senior Debt" for purposes of the indenture governing the Company's Convertible Notes.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note Guarantees is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt of such Guarantor (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtDebt of such Guarantor.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt of the Company and of the Guarantors (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by payment of the Notes is Subordinated Note Obligations shall be subordinated in right of payment, to the extent and in the manner provided as set forth in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (Indebtedness, whether outstanding on the date hereof or hereafter created, thereafter incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Thirteen, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on of the Company, including Senior Debt of the Company Incurred after the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debthereof.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full full, in cash or Cash Equivalents, of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes and each Note Guarantee is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt Indebtedness of the Company and the Guarantors, respectively (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof Issue Date or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder holder of Convertible Subordinated Notes by accepting a Convertible Subordinated Note agrees, that the Indebtedness indebtedness evidenced by the Notes Convertible Subordinated Note is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by Obligations under this Indenture and the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Indebtedness, and that the subordination is for the benefit of the holders and owners of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agreesand the Guarantors agree, and each Holder by accepting a Note agrees, that the Indebtedness Debt evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.or

Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XV, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the such subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes (including any interest, premium and Liquidated Damages payable thereon) is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness Indebtedness, interest and other obligations of any kind evidenced by the Notes is and this Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the such subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or payment satisfactory to holders of Senior Debt of all Senior Debt (whether 95 outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder the Issuer by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 5.08, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Notes Obligations, and that the subordination is for the benefit of the Senior Notes Trustee and the holders of Senior DebtNotes Obligations.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of and enforceable by the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by Obligations under this Agreement and the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all the Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Secured Indebtedness, and that the subordination is for the benefit of the holders and owners of the Senior DebtSecured Indebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Obligations with respect to such Note is subordinated in right of payment, to the extent and in the manner provided in this Article 1012, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior Debt.Indebtedness, and authorizes and directs the Trustee to take such action as may be necessary or 80

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is and all Obligations in respect of the Notes and all Subsidiary Guarantees thereof are subordinated in right of payment, to the extent and in the manner provided in this Article 10Fourteen, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.that

Agreement to Subordinate. The Company agrees, and each Holder any holder of the ------------------------ Note by accepting a the Note agrees, that the Indebtedness Indebtedness, interest and other Obligations of any kind evidenced by the Notes Note and this Agreement is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 4, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of such Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agreesagrees for itself and its successors, and each Holder by accepting a Note agrees, that the Indebtedness Debt evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes including without limitation the Liquidated Damages is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders from time to time of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by payment of the Notes is Subordinated Note Obligations shall be subordinated in right of payment, to the extent and in the manner provided as set forth in this Article 10, to the prior payment in full in cash or cash equivalents of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter createdthereafter incurred. For purposes of this Article 10, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt."

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and all Obligations relating to, the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10VI, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder any holder of the Note by accepting a the Note agrees, that the Indebtedness Indebtedness, interest and other Obligations of any kind evidenced by the Notes Note and this Agreement is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 4, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and the payment of principal, premium and interest on, the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XII, to the prior payment in full of all Senior Debt Indebtedness [(whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)], and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by all Obligations on the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes payment of Subordinated Note Obligations is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes and each Note Guarantee is subordinated in right of payment, to the extent and in the manner provided in this Article 1010 and the Intercreditor Agreement, to the prior payment in full of all Senior Debt Indebtedness of the Company and the Guarantors, respectively (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Obligations due in respect of the Company’s Senior Debt (whether outstanding on the date hereof Issue Date or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders Holders of Senior Debt.

Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness all Obligations evidenced by the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof Effective Date or hereafter created, incurred, assumed or guaranteedguaranteed thereafter), and that the subordination is for the benefit of the holders of Senior DebtDebt of the Company.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness Indebtedness, interest and other Obligations of any kind evidenced by the Notes and this Indenture is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Agreement to Subordinate. The Company Corporation agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt Indebtedness of the Corporation (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Twelve, to the prior payment in full in Cash Equivalents of all Senior Debt (whether outstanding on of the Company, including Senior Debt of the Company incurred after the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debthereof.