Covenant to Secure Notes Equally. The 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 6.02 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenders), it will make or cause to be made effective provision whereby the 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, 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: Parity Debt Credit Agreement (Star Gas Partners Lp), Parity Debt Credit Agreement (Star Gas Partners Lp)
Covenant to Secure Notes Equally. The Borrower 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 6.02 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenderspursuant to Section 18), it will make or cause to be made effective provision whereby the Facility Obligations 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, however, 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), First Mortgage Notes Agreement (Star Gas Partners Lp)
Covenant to Secure Notes Equally. The 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 6.02 8.3 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenders), pursuant to Section 12.1) it will make or cause to be made effective a provision whereby the Facility Obligations 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; provided, however, 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 1 contract
Covenant to Secure Notes Equally. The 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 6.02 8.3 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenders), pursuant to Section 12.1) it will make or cause to be made effective provision whereby the Facility Obligations 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; provided, however, 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 1 contract
Covenant to Secure Notes Equally. The 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 6.02 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenders), it will make or cause to be made effective provision whereby the Facility 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, 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