Common use of Agreement to Subordinate Clause in Contracts

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 35 contracts

Samples: Indenture (Southern Heritage Bancorp Inc), Indenture (MortgageIT Holdings, Inc.), Indenture (James River Group, INC)

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Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Debentureholder issued hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV14; and each holder of a person holding any Debenture, whether upon original issue or upon transfer transfer, assignment or assignment thereof, exchange thereof accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV 14 shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 8 contracts

Samples: Litchfield Capital Trust Ii, Pogo Producing Co, Litchfield Capital Trust Ii

Agreement to Subordinate. The Company covenants and agrees, ------------------------ and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Alabama National Bancorporation), Indenture (Florida Banks Inc), Indenture (Gateway Bancshares Inc /Ga/)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Allocable Amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Firstar Corp /Wi/), Indenture (Hubco Inc), Indenture (Hubco Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, of (and premium, if any, ) and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all the Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Berkley W R Capital Trust), Orion Capital Corp, Trenwick Group Inc

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal ofof (including redemption payments), and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Agl Resources Inc), Indenture (Puget Sound Energy Inc), Indenture (Safeco Corp)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, of and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 3 contracts

Samples: Indenture (Vesta Insurance Group Inc), Indenture (Markel Corp), Indenture (Vesta Insurance Group Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shallSecurities issued hereunder, to the extent and in the manner hereinafter set forth, shall be subordinated and junior in right of payment to the prior payment in full of all Allocable Amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 3 contracts

Samples: Satisfaction And (Imperial Capital Trust I), Indenture (New York Bancorp Capital Trust), Life Financial Capital Trust

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVFifteen; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 3 contracts

Samples: Indenture (Albank Capital Trust I), Indenture (Webster Financial Corp), Community Bank System Inc

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures by such Securityholder's acceptance thereof Debt Securities issued hereunder likewise covenants and agrees, that all Debentures the Debt Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Debt Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 3 contracts

Samples: Satisfaction and Discharge (Suntrust Capital Iv), Indenture (Suntrust Banks Inc), Satisfaction And (Suntrust Capital Ii)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures by such Securityholder's acceptance thereof issued hereunder likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVV; and each holder Holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal ofof and interest, and premiumincluding contingent interest, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV V shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 3 contracts

Samples: Indenture (Omnicare Capital Trust Ii), Supplemental Indenture (Omnicare Inc), Omnicare Inc

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVFifteen; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, of and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Allocable Amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Bank of Boston Corp), Indenture (Bank of Boston Corp)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's ’s acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Homebanc Corp), Indenture (ACA Capital Holdings Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (M&t Bank Corp), Indenture (Onbancorp Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, of and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all amounts with respect to Senior Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (New South Capital Trust I), Indenture (New South Capital Trust I)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Allmerica Financial Corp), Indenture (Equitable of Iowa Companies)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, of and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Allocable Amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 2 contracts

Samples: Bankboston Capital Trust V, Bankboston Capital Trust Iii

Agreement to Subordinate. The Company covenants and agrees, and the Trust and each holder of Debentures the Subordinated Note by such Securityholder's holder’s acceptance thereof likewise covenants and agrees, that all Debentures the Subordinated Note shall be issued subject to the provisions of this Article XV; V, and each holder of a Debenturethe Subordinated Note, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, of and interest on all Debentures the Subordinated Note shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Companyand Subordinated Debt, whether outstanding at the date of this Indenture Agreement or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Subordinated Loan Agreement (Metrocorp Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures by such Securityholder's acceptance thereof issued hereunder likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XV; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Fw Preferred Capital Trust I

Agreement to Subordinate. The Company Bank covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Bank of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyBank, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Union National Financial Corp / Pa

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, of (and premium, if any, ) and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all the Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Trenwick Capital Trust I

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, of and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Bancfirst Corp /Ok/)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVFifteen; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (First Usa Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. The Debentures shall rank pari passu with that certain Floating Rate Junior Subordinated Deferrable Interest Debenture issued by the Company on December 4, 2002 in the principal amount of $15,464,000.00. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Penn America Group Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Debentureholder issued hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV14; and each holder of a person holding any Debenture, whether upon original issue or upon transfer transfer, assignment or assignment exchange thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV 14 shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Lyondell Trust Iii

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Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Holder issued hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVSixteen; and each holder of a Debentureperson holding any Security, whether upon original issue or upon transfer transfer, assignment or assignment thereof, exchange thereof accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Sixteen shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Reliant Energy Inc

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: United National Bancorp (United National Bancorp)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Holder issued hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVSixteen; and each holder of a Debentureperson holding any Security, whether upon original issue or upon transfer transfer, assignment or assignment thereof, exchange thereof accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Sixteen shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Reliant Energy Inc

Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Corporation of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (First Commonwealth Financial Corp /Pa/)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Holder hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVSixteen; and each holder of a Debentureperson holding any Security, whether upon original issue or upon transfer transfer, assignment or assignment thereof, exchange thereof accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Sixteen shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Cleco Corp

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Notes issued hereunder likewise covenants and agrees, that all Debentures the Notes shall be issued subject to the provisions of this Article XVXIII; and each holder of a DebentureNote, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures Notes issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture Note Agreement or thereafter incurred. No provision of this Article XV XIII shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Deferrable Interest Note Agreement (FBL Financial Group Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, Debenture whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (QCR Holdings Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, including, without limiting the generality of the foregoing, that certain Master Equipment Lease Agreement dated as of December 26, 2006 by and between Key Equipment Finance, Inc. and Tower Insurance Company of New York, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Tower Group, Inc.)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; Fifteen, and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, of and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Madison Bancshares Group LTD)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof issued hereunder likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, or Redemption Price of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Mmi Companies Inc

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal ofof (including redemption payments), and premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Agl Capital Trust Iii)

Agreement to Subordinate. The Company covenants and -------------------------- agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (First Banks Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision ; provided, however, that the Debt Securities shall rank pari passu in right of this Article XV shall prevent payment with the occurrence of any default or Event of Default hereunder.Company's 9.58% Junior Subordinated Debentures due February

Appears in 1 contract

Samples: Indenture (Usb Holding Co Inc)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, including, without limiting the generality of the foregoing, that certain Credit Agreement dated as of February 21, 2003 by and between the Company and The CIT Group/Equipment Financing, Inc., whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Tower Group, Inc.)

Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVXV and under any supplemental indenture; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and premium, if any, and interest on all Debentures shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (CastlePoint Holdings, Ltd.)

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