Common use of Covenant to Secure Notes Equally Clause in Contracts

Covenant to Secure Notes Equally. Each of the Parent and the Company covenants that if the Parent, the Company or any other Subsidiary of the Parent 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 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 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; 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 paragraph 6C.

Appears in 2 contracts

Samples: Note Purchase Agreement (Kapstone Paper & Packaging Corp), Note Purchase Agreement (Kapstone Paper & Packaging Corp)

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Covenant to Secure Notes Equally. Each of the Parent and the The Company covenants that if the Parent, the Company it or any other Subsidiary of the Parent 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 6C 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 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; 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 paragraph 6C.Section 10.4.

Appears in 2 contracts

Samples: Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc)

Covenant to Secure Notes Equally. Each of the Parent and the The Company covenants that if the Parent, the Company it or any other Restricted Subsidiary of the Parent 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 6C 6D (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 so long as any such other 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 Lien not permitted by paragraph 6C.6D.

Appears in 2 contracts

Samples: Note Purchase Agreement (American Biltrite Inc), American Biltrite Inc

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Covenant to Secure Notes Equally. Each of the Parent and the The Company covenants that if the Parent, the Company it or any other Subsidiary of the Parent 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 6C (6B 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 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; 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 paragraph 6C.6B.

Appears in 1 contract

Samples: Note Agreement (Gorman Rupp Co)

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