Common use of Subrogation to Rights of Holders of Senior Debt Clause in Contracts

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 20 contracts

Samples: Indenture (Chiron Corp), Indenture (Interim Services Inc), Indenture (Redback Networks Inc)

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Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) any premium and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 13 contracts

Samples: Indenture (Forest City Enterprises Inc), Indenture (Cygnus Inc /De/), Scholastic Corp

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article (equally and ratably with the holders of indebtedness of the Company which by its express terms is subordinated to indebtedness of the Company to substantially the same extent as the Securities are subordinated to the Senior Debt and is entitled to like rights of subrogation) to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 12 contracts

Samples: Subordinated Indenture (Assurant Inc), Indenture (RadNet, Inc.), United States Surgical Corp

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article (equally and ratably with the holders of indebtedness of the Company which by its express terms is subordinated to Indebtedness of the Company to substantially the same extent as the Securities are subordinated to the Senior Debt and is entitled to like rights of subrogation) to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its their creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 10 contracts

Samples: Laredo Midstream Services, LLC, Indenture (Diamondback Energy, Inc.), Indenture (SN Cotulla Assets, LLC)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article (equally and ratably with the holders of indebtedness of the Company which by its express terms is subordinated to Indebtedness of the Company to substantially the same extent as the Securities are subordinated to the Senior Debt and is entitled to like rights of subrogation) to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 10 contracts

Samples: Indenture (Horsehead Corp), Indenture (SEP Holdings III, LLC), Cott USA Finance LLC

Subrogation to Rights of Holders of Senior Debt. Subject to After the payment in full in cash (or as otherwise agreed by the holders of Senior Debt) of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and of, premium, if any) , and interest on on, the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt Debt, and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 7 contracts

Samples: Penske Automotive Group, Inc., Penske Automotive Group, Inc., Indenture (Penske Automotive Group, Inc.)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 6 contracts

Samples: Indenture (Solutia Inc), Indenture (Brookdale Living Communities Inc), Nextlink Communications LLC

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premiumpremium and other amounts, if any) , and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 6 contracts

Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC), Indenture (Energy Services Puerto Rico LLC)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article Article, to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and of, premium, if any) , and interest (including Liquidated Damages) on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 4 contracts

Samples: Indenture (MRV Communications Inc), Genesco Inc, Homebase Inc

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article (equally and ratably with the holders of indebtedness of the Company which by its express terms is subordinated to Indebtedness of the Company to substantially the same extent as the Securities are subordinated to the Senior Debt and is entitled to like rights of subrogation) to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this ArticleArticle XIV, and no payments over pursuant to the provisions of this Article XIV to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 4 contracts

Samples: Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.), Indenture (CVG Oregon, LLC)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) , and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 4 contracts

Samples: Emmis Television License Corp of Topeka, Radio One Licenses LLC, Regent Broadcasting Midwest Inc

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premiumpremium and other amounts, if any) , and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders holders of the Securities or the Trustee, shall, as among the CompanyIssuers, its their creditors other than holders of Senior Debt and the Holders holders of the Securities, be deemed to be a payment or distribution by the Company Issuers to or on account of the Senior Debt.

Appears in 3 contracts

Samples: Meristar Sub 7g (Meristar Hospitality Operating Partnership Lp), Indenture (Meristar Hospitality Corp), Meristar Hospitality Operating Partnership Lp

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, or provision being made for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 2 contracts

Samples: Granite Broadcasting Corp, Granite Broadcasting Corp

Subrogation to Rights of Holders of Senior Debt. Subject to and only after the payment in full of all Senior DebtDebt at the time outstanding, the Holders of the Securities shall be subrogated to the rights of the holders of Senior Debt (to the extent of the payments or distributions previously made to the such holders of such Senior Debt pursuant to the provisions of this Article to the rights of Section 13.2 and equally and ratably with the holders of such Senior Debt all indebtedness of the Company which by its express terms is subordinated to indebtedness of the Company to substantially the same extent as the Securities are subordinated and is entitled to like rights of subrogation) to receive payments and or distributions of cash, property and securities assets of the Company applicable to the Senior Debt until the principal of (and premium, if any) and interest amounts owing on the Securities shall be paid in full. For purposes of such subrogation, no No payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on for the account of the holders of Senior Debt.

Appears in 2 contracts

Samples: Owens Corning Capital Ii, Owens Corning Capital Ii

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full in cash or cash equivalents, or as acceptable to the holders of Senior Debt, in any other manner, of all Senior Debt, the Trustee and the Holders of the Securities Series E Notes shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and of, premium, if any) , and interest on the Securities Series E Notes shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Trustee and the Holders of the Securities or the Trustee Series E Notes would be entitled except for the provisions of this ArticleArticle 6, and no payments over pursuant to the provisions of this Article 6 to the holders of Senior Debt by Holders of the Securities or the TrusteeSeries E Notes, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the SecuritiesSeries E Notes, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Puerto Rico Stock Purchase Agreement (Telecorp PCS Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full The holders of all Senior Debt, the Holders of the Securities Subordinated Debt shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt at the time outstanding to receive payments and distributions of cash, property and securities Securities or other Property applicable to the Senior Debt until the principal all amounts payable for or on account of (and premium, if any) and interest on the Securities Subordinated Debt shall be paid in full; provided, however, that no payment or distribution to any holder of Senior Debt pursuant to this Section 10 shall entitle any holder of Subordinated Debt to exercise any rights of subrogation in respect thereof until all of such Senior Debt of such holder shall have been paid in full in cash. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property Securities or securities other Property to which the Holders holders of the Securities or the Trustee Subordinated Debt would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the TrusteeSection 10, shall, as among the Company, its creditors (other than holders of Senior Debt Debt) and the Holders holders of the SecuritiesSubordinated Debt, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Note Purchase Agreement (Cerplex Group Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to to, and solely effective following, the final payment in full of all Senior Debt, the Holders of the Securities Lenders shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to such Senior Debt to the extent of the payments or distributions made to the Senior Agent or any Bank or other holder of Senior Debt, or otherwise applied to payment of, the Senior Debt pursuant to the provisions of this Section 9 until the principal of (and premium, if any) and interest on the Securities Loans and the Notes shall be paid in fullfull in cash. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee Lenders would be entitled except for the provisions of this ArticleSection 9, and no payments over pursuant to the provisions of this Article Section 9 to the holders of Senior Debt by Holders of the Securities or the Trustee, Lenders shall, as among the CompanyBorrower, its creditors (other than holders of Senior Debt Debt) and the Holders of the SecuritiesLenders, be deemed to be a payment or distribution by the Company Borrower to or on account of the Senior Debt.

Appears in 1 contract

Samples: Loan Agreement (Thane International Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities Notes shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any (including the Make-Whole Payment, if any) ), and interest on the Securities Notes shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over made pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the SecuritiesHolders, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Community Health Systems Inc/

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full in cash of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premiumpremium (including any Make-Whole Payment), if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Sonus Networks Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, securities or other property and securities applicable to the Senior Debt until the principal of (and of, premium, if any (including the Make-Whole Payment, if any) ), and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, securities or other property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Monmouth Real Estate Investment Corp

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, in cash or other immediately available funds or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Rite Aid Corp)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the CompanyCompany or, if applicable, the Parent Guarantor, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company or, if applicable, the Parent Guarantor to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Aegon Funding Corp)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full in cash or cash equivalents, or as acceptable to the holders of Senior Debt, in any other manner, of all Senior Debt, the Trustee and the Holders of the Securities Series E Notes shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and of, premium, if any) , and interest on the Securities Series E Notes shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Trustee and the Holders of the Securities or the Trustee Series E Notes would be entitled except for the provisions of this ArticleArticle 10, and no payments over pursuant to the provisions of this Article 10 to the holders of Senior Debt by Holders of the Securities or the TrusteeSeries E Notes, shall, as among the Companyany Guarantor, its creditors other than holders of Senior Debt and the Holders of the SecuritiesSeries E Notes, be deemed to be a payment or distribution by the Company such Guarantor to or on account of the Senior Debt.

Appears in 1 contract

Samples: Puerto Rico Stock Purchase Agreement (Telecorp PCS Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities of each series shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article Article, to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and or premium, if any) and interest on the such Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Infocure Corp

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any, including the Make Whole Premium, if applicable) and interest (including Additional Interest, if any, and the Interest Make Whole Payment, if any) on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Collegiate Pacific Inc

Subrogation to Rights of Holders of Senior Debt. Subject to the ----------------------------------------------- payment in full in cash or cash equivalents, or as acceptable to the holders of Senior Debt, in any other manner, of all Senior Debt, the Holders holders of the Securities Notes shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and of, premium, if any) , and interest on the Securities Notes shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders holders of the Securities or the Trustee Notes would be entitled except for the provisions of this Articlesection 14, and no payments over pursuant to the provisions of this Article section 14 to the holders of Senior Debt by Holders holders of the Securities or the TrusteeNotes, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders holders of the SecuritiesNotes, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Securities Purchase Agreement (Telecorp PCS Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, or the provision for such payment in cash or cash equivalents or any other manner acceptable to the holders of the Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Companyeither Issuer, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company such Issuer to or on account of the Senior Debt.

Appears in 1 contract

Samples: Iridium Facilities Corp

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Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Obligations due or to become due on or in respect of Senior Debt, or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article Sixteen to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) , and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this ArticleArticle Sixteen, and no payments over pursuant to the provisions of this Article Sixteen to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Apex Mortgage Capital Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to and only after the payment in full of all Senior DebtDebt at the time outstanding, the Holders of the Securities shall be subrogated to the rights of the holders of Senior Debt (to the extent of the payments or distributions previously made to the such holders of such Senior Debt pursuant to the provisions of this Article to the rights of Section 14.2 and equally and ratably with the holders of such Senior Debt all indebtedness of the Company which by its express terms is subordinated to indebtedness of the Company to substantially the same extent as the Securities are subordinated and is entitled to like rights of subrogation) to receive payments and distributions or distribution of cash, property and securities assets of the Company applicable to the Senior Debt until the principal of (and premium, if any) and interest amounts owing on the Securities shall be paid in full. For purposes of such subrogation, no No payments or distributions to the holders of the Senior Debt of any cash, property property, or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on for the account of the holders of Senior Debt.

Appears in 1 contract

Samples: Willamette Industries Inc

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and of, premium, if any) , and interest Liquidated Damages, if any, on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Realnetworks Inc

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, or the provision for such payment in cash or cash equivalents or any other manner acceptable to the holders of the Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Pathology Building Partnership)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, in cash or other immediately available funds or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities Notes shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities Notes shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities Notes or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities Notes or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the SecuritiesNotes, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Aol Time Warner Inc

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in res pect of Senior Debt, in cash or other immediately available funds or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable applic able to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: America Online Inc

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article 13 (equally and ratably with the holders of indebtedness of the Company which by its express terms is subordinated to indebtedness of the Company to substantially the same extent as the Notes are subordinated to the Senior Debt and is entitled to like rights of subrogation) to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premiuminterest, if any) and interest , on the Securities Notes shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article 13 to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the SecuritiesHolders, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders rights of the holders of the Junior Subordinated Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and or distributions of cash, property and or securities of the Company applicable to the Senior Debt until Debt; and, for the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments payment or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders holders of the Junior Subordinated Securities or the Trustee would be entitled except for the provisions of this ArticleArticle Fourteen, and no payments payment over pursuant to the provisions of this Article Fourteen, to or for the benefit of the holders of Senior Debt by Holders holders of the Junior Subordinated Securities or the Trustee, shall, as among between the Company, its creditors other than holders of Senior Debt Debt, and the Holders of the Junior Subordinated Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.the

Appears in 1 contract

Samples: Union Light Heat & Power Co

Subrogation to Rights of Holders of Senior Debt. Subject to After the payment in full of all Senior Debt, the Holders of the Securities Notes shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal or Accreted Value of (and premium, if any) and interest on the Securities Notes, Change of Control Payment or Mandatory Redemption Price shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee Notes would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the TrusteeNotes, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the SecuritiesNotes, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Investment Agreement (Cincinnati Bell Inc /Oh/)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Guarantor Senior Debt, the Holders holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Guarantor Senior Debt to receive payments and distributions of cash, property and securities applicable to the Guarantor Senior Debt until the principal of (and premium, if any) and interest on the Securities Guaranteed Obligations shall be paid in full. For purposes of such subrogationsubrogation or assignment, no payments or distributions to the holders of the Guarantor Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this ArticleArticle XV, and no payments payment over pursuant to the provisions of this Article XV to the holders of Guarantor Senior Debt by Holders of the Securities or the Trustee, shall, as among the CompanyGuarantor, its creditors other than holders of Guarantor Senior Debt Debt, and the Holders of the Securities, be deemed to be a payment or distribution by the Company Guarantor to or on account of the Guarantor Senior Debt.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all amounts due or to become due on or in respect of Senior Debt, or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders holders of the Securities Notes shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) , and interest on the Securities Notes shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders holders of the Securities Notes or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders holders of the Securities Notes or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders holders of the SecuritiesNotes, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Interpublic Group of Companies Inc

Subrogation to Rights of Holders of Senior Debt. Subject to After the payment in full of all Senior Debt, the Holders of the Securities Notes shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article Eleven to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal Principal of (and premium, if any) and interest on the Securities Notes or Change of Control Payment shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee Notes would be entitled except for the provisions of this Article, Article Eleven and no payments over pursuant to the provisions of this Article Eleven to the holders of Senior Debt by Holders of the Securities or the TrusteeNotes, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the SecuritiesNotes, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Cincinnati Bell Inc /Oh/)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full in cash of all Obligations in respect of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of and any premium and interest (and premiumincluding Special Interest, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Reliant Resources Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders Holders of such Senior Debt pursuant to the provisions of this Article (equally and ratably with the Holders of all indebtedness of the Company which by its express terms is subordinated to indebtedness of the Company to substantially the same extent as the Securities are subordinated and is entitled to like rights of subrogation) to the rights of the holders Holders of such Senior Debt to receive payments and distributions of cash, property and securities Securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders Holders of the Senior Debt of any cash, property or securities Securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders Holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors (other than holders Holders of Senior Debt Debt) and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Sierra Health Services Inc

Subrogation to Rights of Holders of Senior Debt. Subject to After the payment in full in cash (or as otherwise agreed by the holders of Senior Debt) of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and of, premium, if any) , and interest on (including Contingent Interest, if any) on, the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this ArticleArticle 11, and no payments over pursuant to the provisions of this Article 11 to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt Debt, and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Credit Agreement (United Auto Group Inc)

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article, and no payments over pursuant to the provisions of this Article to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: TPG Nv

Subrogation to Rights of Holders of Senior Debt. Subject to the payment in full of all Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to (equally and ratably with the holders of such all indebtedness of the Company which by its express terms is subordinated to Senior Debt pursuant of the Company to the provisions same extent as the Securities are subordinated and which is entitled to like rights of this Article subrogation) to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of (and premium, if any) and interest on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this ArticleArticle Sixteen, and no payments over pursuant to the provisions of this Article Sixteen to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt Debt, and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

Appears in 1 contract

Samples: Indenture (Complete Management Inc)

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