Common use of Securities Subordinated to Senior Indebtedness Clause in Contracts

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 13 contracts

Samples: Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD), Satisfaction And (Landrys Seafood Restaurants Inc)

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Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his or her acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Each Holder of a Security, by his or her acceptance thereof, acknowledges and agrees that the provisions of this Article Thirteen shall constitute X are, and are intended to be, an inducement and a continuing offer consideration to all Persons who, in reliance upon on such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior IndebtednessIndebtedness of the Company, and such those holders are made obligees hereunder hereunder, and any one or more of them may enforce such provisions.

Appears in 8 contracts

Samples: McDermott International Inc, Indenture (Egl Inc), Eap Energy Inc

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 5 contracts

Samples: Indenture (Cabot Oil & Gas Corp), Seitel Capital Trust Ii, Lyondell Trust Iii

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one anyone or more of them may enforce such provisions.

Appears in 4 contracts

Samples: Noble Drilling Corp, Noble Drilling Corp, Noble Corp

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (premium, if any) , and interest on and any Additional Amounts Liquidated Damages with respect to each and all to, the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (but specifically excluding payments to the Trustee for its own benefit), is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions. In addition, the payment of cash, property or securities (other than Junior Securities) upon conversion of a Security pursuant to Article XIII will constitute payment on a Security and therefore will be subject to the subordination provisions contained in this Indenture.

Appears in 3 contracts

Samples: Indenture (Total Renal Care Holdings Inc), Antec Corp, Antec Corp

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Section 4.15 or 11.01) is subordinated, to the extent and in the manner provided in this Article Thirteen12, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, Company and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. Notwithstanding anything contained in this Article 12, no payments to any holders of Senior Indebtedness shall be made out of investments or proceeds held in the Collateral Account, which shall be applied solely as provided in Article 10 hereof. This Article Thirteen 12 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 3 contracts

Samples: Price Communications Wireless Inc, Price Communications Corp, Price Communications Corp

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany and any premium and Liquidated Damages (including, without limitation, pursuant to Article XI (but specifically excluding payments to the Trustee for its own benefit), is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 3 contracts

Samples: Data Processing Resources Corp, Oak Industries Inc, Halter Marine Group Inc

Securities Subordinated to Senior Indebtedness. Except as otherwise specified as contemplated by Section 301, the following provisions shall apply to Securities of each series. The Company Company, for itself and its successors, and each Holder of a SecuritySecurity of any series or of any coupon appertaining thereto, by his acceptance thereofof Securities of any series, agree agrees, that (a) the payment of all amounts due in respect of the Securities of such series and the coupons, if any, appertaining thereto, including the payment of the principal of(and premium, premium (if any, on) and interest on and any Additional Amounts with respect to each and all of the Securities of such series and (b) any other payment in respect of the Securitiescoupons, including on account of the acquisition or redemption of Securities by the Companyif any, is appertaining thereto, are subordinated, to the extent and in the manner provided in this Article ThirteenTwelve, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen Twelve shall constitute a continuing offer to all Persons persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more they and/or each of them may enforce such provisions.

Appears in 3 contracts

Samples: Cablevision Systems Corp, CSC Parent Corp, CSC Holdings Inc

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article XI) is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 2 contracts

Samples: Tower Automotive Inc, United States Filter Corp

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany and any premium and Liquidated Damages (including, without limitation, pursuant to Article XI) is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 2 contracts

Samples: Indenture (Occusystems Inc), Concentra Managed Care Inc

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) on and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenFourteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen Fourteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 2 contracts

Samples: Indenture (Baker Hughes Inc), Lone Star Technologies Inc

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article 10) is subordinated, to the extent and in the manner provided in this Article Thirteen11, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 2 contracts

Samples: Platinum Technology Inc, Platinum Technology Inc

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his or her acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior IndebtednessIndebtedness of the Company, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 2 contracts

Samples: Indenture (Key Energy Services Inc), Key Energy Services Inc

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his or her acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by 47 53 the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Each Holder of a Security, by his or her acceptance thereof, acknowledges and agrees that the provisions of this Article Thirteen shall constitute X are, and are intended to be, an inducement and a continuing offer consideration to all Persons who, in reliance upon on such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior IndebtednessIndebtedness of the Company, and such those holders are made obligees hereunder hereunder, and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: McDermott International Inc

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany and any premium (including, without limitation, pursuant to Article XI but specifically excluding payments to the Trustee for its own benefit), is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: May & Speh Inc

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Cooper Cameron Corp

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany and any premium and Liquidated Damages, if any, (including, without limitation, pursuant to Article XI) is subordinated, to the extent and in the manner provided in this Article ThirteenXII, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XII shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Indenture (Smartalk Teleservices Inc)

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Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenArticle, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions. SECTION 1102. No Payment on Securities in Certain Circumstances.

Appears in 1 contract

Samples: Valero Energy Corp/Tx

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecuritySecurity of a series, by his such Xxxxxx’s acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on on, and any Additional Amounts with respect to to, each and all the Securities of such series and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities of such series by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior IndebtednessIndebtedness of the Company. This Each Holder of a Security of a series, by such Xxxxxx’s acceptance thereof, acknowledges and agrees that the provisions of this Article Thirteen shall constitute X are, and are intended to be, an inducement and a continuing offer consideration to all Persons who, in reliance upon on such provisions, become holders of, or continue to hold, Senior IndebtednessIndebtedness of the Company, and such provisions are made for the benefit of the holders of Senior IndebtednessIndebtedness of the Company, and such holders are made obligees hereunder hereunder, and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Indenture (Helix Energy Solutions Group Inc)

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenArticle, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Vec Trust Ii

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (premium, if any) and , interest on and on, or any Additional Amounts Liquidated Damages, with respect to each and all to, the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, is without limitation, pursuant to Article X) are subordinated, to the extent and in the manner provided in this Article ThirteenXI, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XI shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Execution Copy (Getty Images Inc)

Securities Subordinated to Senior Indebtedness. 47- 55 The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (if any) of and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of the Securities by the CompanyCompany (including, without limitation, pursuant to Article X) is subordinated, to the extent and in the manner provided in this Article ThirteenXI, to the prior payment in full of all Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen XI shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Parker Drilling Co /De/

Securities Subordinated to Senior Indebtedness. Except as otherwise specified as contemplated by Section 301, the following provisions shall apply to Securities of each series. The Company covenants and agrees, and each Holder of a SecuritySecurity of any series or of any coupon appertaining thereto, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Companyof any series, is subordinatedlikewise covenants and agrees, that, to the extent and in the manner provided hereinafter set forth in this Article ThirteenFifteen, the indebtedness represented by the Securities of such series and the payment of the principal of (and premium, if any) and interest on each and all of the Securities of such series (but not amounts owing to the Trustee by the Company pursuant to Section 606 hereof) are hereby expressly made subordinate and subject 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 created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen Fifteen shall constitute a continuing offer to all Persons persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more they and/or each of them may enforce such provisions.

Appears in 1 contract

Samples: Indenture (Sci Systems Inc)

Securities Subordinated to Senior Indebtedness. The Company Company, for itself and its successors, and each Holder of a SecuritySecurity of any series or of any coupon appertaining thereto, by his acceptance thereofof Securities of any series, agree agrees, that (a) the payment of all amounts due in respect of the Securities of such series and the coupons, if any, appertaining thereto, including the payment of the principal of(and premium, premium (if any, on) and interest on and any Additional Amounts with respect to each and all of the Securities of such series and (b) any other payment in respect of the Securitiescoupons, including on account of the acquisition or redemption of Securities by the Companyif any, is appertaining thereto, are subordinated, to the extent and in the manner provided in this Article ThirteenTwelve, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen Twelve shall constitute a continuing offer to all Persons persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more they and/or each of them may enforce such provisions.

Appears in 1 contract

Samples: Cablevision Systems Corp

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a SecurityHolder, by his its acceptance thereofof Securities, agree that (a) the payment of the principal of, premium (interest on, or Liquidated Damages, if any) and interest on and any Additional Amounts , with respect to each and all to, the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption purchase of the Securities by the CompanyCompany (including, is without limitation, pursuant to Article Twelve) are subordinated, to the extent and in the manner provided in this Article ThirteenFifteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen Fifteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Indenture (Xo Communications Inc)

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities Securities, and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenARTICLE THIRTEEN, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen ARTICLE THIRTEEN shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Indenture (Grey Wolf Inc)

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional 54 Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenX, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen X shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Pogo Producing Co

Securities Subordinated to Senior Indebtedness. The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article ThirteenArticle, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Valero Energy Corp/Tx

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