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. Section 1.8 The following new Sections 9.9 and 9.10 shall be added to the Note Purchase Agreement in proper sequence:

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. Section 1.8 The following new Sections 9.9 and 9.10 shall be added to the Note Purchase Agreement in proper sequence:

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(l) (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 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 Debt shall be so secured; provided secured pursuant to such agreements and instruments as shall be approved by the Required Holder(s), and the Company will cause to be delivered to the holder of each Note an opinion of independent counsel to the effect that the creation such agreements and maintenance of such equal instruments are enforceable in accordance with their terms, and ratable Lien shall not in any way limit or modify such case the right of Notes shall have the benefit, to the full extent that, and with such priority as, the holders of Notes may be entitled under applicable law, of an equitable Lien on such property or assets securing the Notes Notes. A violation of paragraph 6C(1) will constitute an Event of Default hereunder, whether or not any such provision is made pursuant to enforce the provisions of Section 10.4. Section 1.8 The following new Sections 9.9 and 9.10 shall be added to the Note Purchase Agreement in proper sequence:this paragraph 5C.

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. Section 1.8 The following new Sections 9.9 and 9.10 shall be added to the Note Purchase Agreement in proper sequence:

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. Section 1.8 1.14 The following new Sections 9.9 and 9.10 shall be added to the Note Purchase Agreement in proper sequence: