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 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 pursuant to security documentation in form and substance satisfactory to the Required Holders (including an intercreditor agreement and opinions of counsel to the Company and/or each relevant Subsidiary and, if requested by the Required Holders, an amendment to this Agreement to reflect the secured nature of the Notes) 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.

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 pursuant to security documentation in form and substance satisfactory to the Required Holders (including an intercreditor agreement and opinions of counsel to the Company and/or each relevant Subsidiary and, if requested by the Required Holders, an amendment to this Agreement to reflect the secured nature of the Notes) 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.

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 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 pursuant to security documentation in form such agreements and substance satisfactory to instruments as shall be approved by the Required Holders (including Holder(s), and the Company will cause to be delivered to each holder an intercreditor agreement and opinions opinion of independent counsel to the Company and/or each relevant Subsidiary and, if requested by effect that such instruments and agreements are enforceable in accordance with their terms and that the Required Holders, an amendment to this Agreement to reflect the Notes are equally and ratably secured nature of the Notes) so long as any with such other Indebtedness shall be so securedIndebtedness; 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.

Covenant to Secure Notes Equally. The Company covenants that and the Trust covenant that, if it they or any Subsidiary of their respective Subsidiaries shall create or assume any Lien under Section 10.5(f) 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)under any Material Credit Facility, 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 the Indebtedness under such Material Credit Facility thereby secured pursuant to security documentation in form and substance satisfactory reasonably acceptable to the Required Holders (including in substance and in form, including, without limitation, an intercreditor agreement and opinions of counsel to the Company Company, the Trust and/or each relevant Subsidiary andany such Subsidiary, if requested by as the case may be, from counsel that is reasonably acceptable to the Required Holders, an amendment to this Agreement to reflect the secured nature of the Notes) 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 10.410.5.