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 Section 10.4 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.
Appears in 2 contracts
Samples: Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc)
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 10.4 paragraph 6D (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 12C), 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 Indebtedness Debt thereby secured so long as any such other Indebtedness Debt shall be so secured; . Securing the Notes as provided that the creation and maintenance of such equal and ratable Lien in this paragraph 5D shall not in permit the existence of any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.Lien not permitted by paragraph 6D.
Appears in 2 contracts
Samples: Note Purchase Agreement (American Biltrite Inc), Note Purchase and Private Shelf Agreement (American Biltrite 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 Section 10.4 (paragraph 6B unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 12C), 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; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6B.
Appears in 1 contract
Samples: Note Agreement (Gorman Rupp Co)
Covenant to Secure Notes Equally. The Company covenants that 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 Section 10.4 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6C.
Appears in 1 contract
Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.)
Covenant to Secure Notes Equally. The Company covenants that will, 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 Section 10.4 paragraph 6B (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6B.
Appears in 1 contract
Samples: Private Shelf Agreement (Saia 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 Section 10.4 paragraph 6G (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 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 Indebtedness Debt thereby secured so long as any such other Indebtedness Debt shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6G.
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Covenant to Secure Notes Equally. The Company covenants that that, if it or any Subsidiary other Transaction Party 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 10.4 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6C.
Appears in 1 contract
Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.)
Covenant to Secure Notes Equally. The Company covenants that will, 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 Section 10.4 paragraph 7C(l) (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 12C), 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 Debt thereby secured secured, so long as any such other Indebtedness Debt shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4paragraph 7C(1).
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Covenant to Secure Notes Equally. The Company Each Transaction Party 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 Section 10.4 paragraph 6A (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6L6A.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Centerspace)
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 Section 10.4 paragraph 6B (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11D), 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 Debt thereby secured so long as any such other Indebtedness Debt shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6B.
Appears in 1 contract
Samples: Private Shelf Agreement (Corn Products International 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 Section 10.4 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6C.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Spartan Motors 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 Section 10.4 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17), 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; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.410.2.
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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 Section 10.4 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 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 Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.
Appears in 1 contract
Samples: Private Shelf Agreement (Oceaneering International Inc)
Covenant to Secure Notes Equally. The Company covenants that will, 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 Section 10.4 10.3 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 1717.1), 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; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.410.3.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Delta Natural Gas Co Inc)