Common use of Covenant to Secure Notes Equally Clause in Contracts

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 10 contracts

Samples: Note Purchase and Private Shelf Agreement (Applied Industrial Technologies Inc), Exhibit Agreement (Applied Industrial Technologies Inc), Amendment to Agreement (Applied Industrial Technologies Inc)

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Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16C(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 8 contracts

Samples: Master Shelf Agreement (Western Gas Resources Inc), Note Purchase and Private Shelf Agreement (Steak & Shake Co), Private Shelf Agreement (Valmont Industries Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 5 contracts

Samples: Note Purchase Agreement (Imc Global Inc), Note Purchase and Private Shelf Agreement (Franklin Electric Co Inc), Note Purchase Agreement (Marten Transport LTD)

Covenant to Secure Notes Equally. The Company covenants that, that if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to under paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 5 contracts

Samples: Private Shelf Agreement (Watsco Inc), Note Purchase and Private Shelf Agreement (Waste Industries Inc), Private Shelf Agreement (Watsco Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6C (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 3 contracts

Samples: Note Agreement (Gold Kist Inc), Note Agreement (Gold Kist Inc), Note Agreement (Gold Kist Inc)

Covenant to Secure Notes Equally. The Company covenants that, that if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16C(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to under paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 3 contracts

Samples: Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc.), Private Shelf Facility Agreement (Stanley Furniture Co Inc/), Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc/)

Covenant to Secure Notes Equally. The Company covenants thatwill, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16C(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 3 contracts

Samples: Senior Secured Notes Master Shelf Agreement (Crosstex Energy Lp), Note Purchase Agreement (Crosstex Energy Lp), Senior Secured Notes (Crosstex Energy Lp)

Covenant to Secure Notes Equally. The Each of Holdings and the Company covenants that, if it or any Subsidiary of its Subsidiaries shall create create, assume or assume otherwise incur any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C12C), it Holdings will make make, or will cause its Subsidiaries to be made make, effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 3 contracts

Samples: Note Purchase and Private Shelf Agreement (Alexander & Baldwin, Inc.), Note Purchase and Private Shelf Agreement (Alexander & Baldwin Holdings, Inc.), Note Purchase and Private Shelf Agreement (Alexander & Baldwin Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16C(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will will, if requested by the Required Holders, make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Funded Debt thereby secured so long as any such other Funded Debt shall be so secured.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Varian Medical Systems Inc), Note Purchase and Private Shelf Agreement (Varian Inc)

Covenant to Secure Notes Equally. The Company covenants that, that if it or any Subsidiary of its Subsidiaries shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6C (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to under paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 2 contracts

Samples: Note Purchase Agreement (Waste Industries Usa Inc), Note Purchase and Private Shelf Agreement (Waste Industries Usa Inc)

Covenant to Secure Notes Equally. The Company covenants that, that if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.3 (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11CSection 17), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Discovery Communications, Inc.), Amendment and Restatement Agreement (Discovery Communications, Inc.)

Covenant to Secure Notes Equally. The If the Company covenants that, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.4 (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11Cthis Agreement), it the Company will make or cause to be made effective provision provisions whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured Indebtedness so long as any such other Debt Indebtedness shall be so secured.

Appears in 1 contract

Samples: Master Shelf Agreement (Mdu Resources Group Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6D (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Cenex Harvest States Cooperatives)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) SECTION 10.3 (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11CSECTION 18 and except any such Lien arising by operation of law), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.other

Appears in 1 contract

Samples: Senior Notes Agreement (Cornerstone Propane Partners Lp)

Covenant to Secure Notes Equally. The If the Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.2 (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11Cthis Agreement), it the Company will make or cause to be made effective provision provisions whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured Indebtedness so long as any such other Debt Indebtedness shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Mdu Resources Group Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.6 (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11CSection 17), it will make or cause to be made effective provision (on documentation satisfactory to the Required Holders) whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Medium Term Note Agreement (Banta Corp)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Material Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Revolving Credit and Reimbursement Agreement (Willcox & Gibbs Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the 6B(1)(unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Senior Promissory Note Agreement (Lawter International Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6D (unless the prior Table of Contents written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (CHS Inc)

Covenant to Secure Notes Equally. The Company covenants that, that if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6B (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision satisfactory in form and substance to the Required Holder(s) (including, without limitation, opinions of counsel relating thereto) whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.. Securing the Notes as provided in this paragraph 5H shall not permit the existence of any Lien not permitted by paragraph 6B.

Appears in 1 contract

Samples: Note Agreement (Brown & Sharpe Manufacturing Co /De/)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6C (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Gold Kist Inc)

Covenant to Secure Notes Equally. The Company Each Partnership covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property properties or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16B(l) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby provisionwhereby the Notes will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Facility (Perkins Family Restaurants Lp)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16C(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any wixx xny and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Columbia Sportswear Co)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16C(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt obligations thereby secured so long as any such other Debt obligations shall be so secured.

Appears in 1 contract

Samples: Private Shelf Agreement (Regis Corp)

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Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.5 and 10.6 hereof (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11CSection 17), it the Company will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.. This

Appears in 1 contract

Samples: Senior Notes Agreement (Hughes Supply Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.1 (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11CSection 17), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Franklin Electric Co Inc)

Covenant to Secure Notes Equally. The Company covenants thatwill, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.2 (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11CSection 17.1), it will make or cause to be made effective provision whereby the Notes and the Subsidiary Guaranty will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 1 contract

Samples: Private Shelf Agreement (Layne Christensen Co)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16C(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C12C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt obligations thereby secured so long as any such other Debt obligations shall be so secured.

Appears in 1 contract

Samples: Private Shelf Agreement (Zero Corp)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary of its Subsidiaries shall create create, assume or assume otherwise incur any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Alexander & Baldwin Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.4 and 10.5 hereof (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11CSection 17), it the Company will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.. This

Appears in 1 contract

Samples: Note Purchase Agreement (Performance Food Group Co)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6B (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Ace Hardware Corp)

Covenant to Secure Notes Equally. The If the Company covenants that, if it or any Subsidiary shall create of its Subsidiaries creates or assume assumes any Lien upon any of its property or assetsProperty, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 8G hereof (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C14C hereof), it the Company will make make, or cause to be made pursuant to such agreements and instruments as shall be approved by the Required Holders, effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (U S Aggregates Inc)

Covenant to Secure Notes Equally. The Company covenants that, that if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(16C(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to under paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Ruddick Corp)

Covenant to Secure Notes Equally. The Company covenants thatCorporation will, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens expressly permitted by the provisions of paragraph 6B(1) 6B (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 1 contract

Samples: Note Agreement (Devon Energy Corp /Ok/)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Private Shelf Notes will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 1 contract

Samples: Note Purchase Agreement (Franklin Electric Co Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assetsProperty, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6A hereof or any similar provision incorporated herein by reference (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C11C hereof), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Agreement (Rohr Inc)

Covenant to Secure Notes Equally. The Company covenants that, if it or any Subsidiary of its Restricted Subsidiaries shall create or assume any Lien upon any of its property or assets, Property whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) 6J (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured.

Appears in 1 contract

Samples: Note Agreement (Gerdau Ameristeel Corp)

Covenant to Secure Notes Equally. The In the event that the Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) Section 10.6 (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11CSection 17), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase Agreement (Dentsply International Inc /De/)

Covenant to Secure Notes Equally. The Each of Holdings and the Company covenants that, if it or any Subsidiary of its Subsidiaries shall create create, assume or assume otherwise incur any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C12C), it Holdings will make make, or will cause its Subsidiaries to be made make, effective provision whereby the Notes will be secured by such Lien Xxxx equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

Appears in 1 contract

Samples: Note Purchase Agreement (Alexander & Baldwin, Inc.)

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