Common use of Covenant to Secure Notes Equally Clause in Contracts

Covenant to Secure Notes Equally. 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 Section 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured, it being understood that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 3 contracts

Samples: Note Agreement (Cornerstone Propane Partners Lp), Underwriting Agreement (Cornerstone Propane Partners Lp), Note Agreement (Cornerstone Propane Partners Lp)

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Covenant to Secure Notes Equally. 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 Section 10.2 8.3 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 18 and except any such Lien arising by operation of law), 11.1) it will make or cause to be made effective provision whereby the Notes Loans will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured, it being understood that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Amerigas Finance Corp), Credit Agreement (Amerigas Finance Corp)

Covenant to Secure Notes Equally. The Company covenants that, that if it or any Restricted Subsidiary of its Subsidiaries shall create or assume any Lien upon any of its property respective properties or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 18 and except any such Lien arising by operation of law17), it will make or cause to be made effective provision satisfactory in form and substance to the Required Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured, it being understood that . Securing the provision of such equal and ratable security Notes as provided in this Section 9.6 shall not constitute a cure or waiver permit the existence of any related Event of DefaultLien not permitted by Section 10.2.

Appears in 2 contracts

Samples: Note Purchase Agreement (Cpi Corp), Note Purchase Agreement (Cpi Corp)

Covenant to Secure Notes Equally. The Company Borrower 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 Section 10.2 6.02 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 18 and except any such Lien arising by operation of lawfrom the Required Lenders), it will make or cause to be made effective provision whereby the Notes Facility Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided, it being understood however, that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 2 contracts

Samples: Intercreditor and Trust Agreement (Star Gas Partners Lp), Debt Credit Agreement (Star Gas Partners Lp)

Covenant to Secure Notes Equally. 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 Section SECTION 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 18 and except any such Lien arising by operation of lawSECTION 18.1), 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured, it being understood that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 2 contracts

Samples: Note Agreement (Amerigas Finance Corp), Note Agreement (Amerigas Finance Corp)

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Covenant to Secure Notes Equally. The Company Each Obligor 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 Section 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 18 and except any such Lien arising by operation of law18), 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured, it being understood that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 2 contracts

Samples: Note Agreement (Star Gas Partners Lp), Star Gas Partners Lp

Covenant to Secure Notes Equally. The Company Borrower 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 Section 10.2 6.02 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 18 and except any such Lien arising by operation of lawfrom the Required Lenders), it will make or cause to be made effective provision whereby the Notes Facilities Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided, it being understood however, that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 1 contract

Samples: Intercreditor and Trust Agreement (Star Gas Partners Lp)

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 Section 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 18 and except any such Lien arising by operation of law17), it the Company will, and will cause each of its Restricted Subsidiaries to, 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured, it being understood ; provided that the provision creation and maintenance of such equal and ratable security Lien shall not constitute a cure in any way limit or waiver modify the right of any related Event the holders of Defaultthe Notes to enforce the provisions of Section 10.2.

Appears in 1 contract

Samples: Note Purchase Agreement (Henry Schein Inc)

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