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 (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 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: Brown & Sharpe Manufacturing Co /De/
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 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C11D), 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 ; 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 as provided in this paragraph 5H shall not permit to enforce the existence provisions of any Lien not permitted by 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 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 Section 10.4 (unless 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 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 Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured. Securing ; 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 as provided in this paragraph 5H shall not permit to enforce the existence provisions of any Lien not permitted by paragraph 6B.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 assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B (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 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 Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured. Securing ; 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 as provided in this paragraph 5H shall not permit to enforce the existence provisions of any Lien not permitted by paragraph 6B.
Appears in 1 contract
Samples: Saia Inc
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 paragraph 6B 6C (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 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 Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured. Securing ; 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 as provided in this to enforce the provisions of paragraph 5H shall not permit the existence of any Lien not permitted by paragraph 6B.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 paragraph 6B 6C(l) (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 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 secured, so long as any such other Debt shall be so secured. Securing ; 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 as provided in this to enforce the provisions of paragraph 5H shall not permit the existence of any Lien not permitted by paragraph 6B.6C(1).
Appears in 1 contract
Samples: Note Agreement (Pulitzer 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 paragraph 6B 7C(l) (unless 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 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 secured, so long as any such other Debt shall be so secured. Securing ; 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 as provided in this to enforce the provisions of paragraph 5H shall not permit the existence of any Lien not permitted by paragraph 6B.7C(1).
Appears in 1 contract
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 paragraph 6B 6C(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 made, in documentation satisfactory in form and substance to the Required Holder(s) (including), without limitation, opinions of counsel relating thereto) 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. Securing secured and each holder of Notes shall have received an opinion of counsel, in form, scope and substance satisfactory to the Notes Required Holder(s), with respect to the foregoing and as provided in this paragraph 5H shall not permit to such other matters as the existence of any Lien not permitted by paragraph 6B.Required Holder(s) may reasonably request.
Appears in 1 contract
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 6C (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 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 Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured. Securing ; 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 as provided in this to enforce the provisions of paragraph 5H shall not permit the existence of any Lien not permitted by paragraph 6B.6C.
Appears in 1 contract
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 6G (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 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 ; 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 as provided in this to enforce the provisions of paragraph 5H shall not permit the existence of any Lien not permitted by paragraph 6B.6G.
Appears in 1 contract
Samples: Quaker Fabric Corp /De/
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 paragraph 6B 6C (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 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 Indebtedness thereby secured so long as any such other Debt Indebtedness shall be so secured. Securing ; 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 as provided in this to enforce the provisions of paragraph 5H shall not permit the existence of any Lien not permitted by paragraph 6B.6C.
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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 paragraph 6B Section 10.3 (unless 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 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 Indebtedness thereby secured so long as secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any such other Debt shall be so secured. Securing way limit or modify the right of the holders of the Notes as provided in this paragraph 5H shall not permit to enforce the existence provisions of any Lien not permitted by paragraph 6B.Section 10.3.
Appears in 1 contract
Samples: Delta Natural Gas Co Inc