Common use of Equal and Ratable Lien; Equitable Lien Clause in Contracts

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.13, the Company shall forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall cause to be delivered to each holder of a Note an opinion of independent counsel to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full extent that, and with such priority as, the holders may be entitled thereto under applicable law, of an equitable Lien on such Property securing the Notes. Such violation of this Section 6.13 shall constitute an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.13(d).

Appears in 11 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

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Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee property shall be subjected to a Lien in violation of this Section 6.1311.11, the Company shall will forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall and the Guarantee, as the case may be, will be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion opinion, satisfactory in form and substance to the Required Holders, of independent counsel to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full fullest extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property property securing the Notes. Such A violation of this Section 6.13 shall 11.11 will constitute an Event of Default hereunderDefault, whether or not any such provision is made pursuant to this Section 6.13(d11.11(b).

Appears in 3 contracts

Samples: Pledge Agreement (Hampshire Group LTD), Pledge Agreement (Hampshire Group LTD), Pledge Agreement (Hampshire Group LTD)

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.136.6, the Company shall forthwith will immediately make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion opinion, satisfactory in form and substance to the Required Holders, of independent counsel to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full fullest extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property securing the NotesNotes (provided that, notwithstanding the foregoing, each holder of Notes shall have the right to elect at any time, by delivery of written notice of such election to the Company, to cause the Notes held by such holder not to be secured by such Lien or such equitable Lien). Such A violation of this Section 6.13 shall 6.6 will constitute an Event of Default hereunderDefault, whether or not any such provision is made pursuant to this Section 6.13(d6.6(b).

Appears in 3 contracts

Samples: Note Purchase Agreement (Credit Acceptance Corporation), Note Purchase Agreement (Credit Acceptance Corporation), Note Purchase Agreement (Credit Acceptance Corporation)

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.137.13, the Company shall will forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion of independent counsel to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property securing the Notes. Such violation of this Section 6.13 shall 7.13 will constitute an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.13(d7.13(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Alleghany Corp /De)

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.134.5(a), the Company shall will forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably as to such Property with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will promptly cause to be delivered to each holder of a Note an opinion of independent counsel satisfactory to the Required Holders to the effect that such agreements and instruments are enforceable in accordance with their termsterm, and in any such case event the Notes shall have the benefit, to the full extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property (and any proceeds thereof) securing the Notes. Such violation of this Section 6.13 shall 4.5(a) will constitute an Event of Default hereunder, whether or not any such provision is made or any equitable Lien is created pursuant to this Section 6.13(d4.5(b).

Appears in 1 contract

Samples: Note Agreement (World Almanac Education Group Inc)

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.136.5, the Company shall will forthwith make or cause to be mademake, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion of independent counsel satisfactory to the Required Holders to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property (and any proceeds thereof) securing the Notes. Such violation of this Section 6.13 shall 6.5 will constitute an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.13(d6.5(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Seaboard Corp /De/)

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.136.5, the Company shall will forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion of independent counsel satisfactory to the Required Holders to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property (and any proceeds thereof) securing the Notes. Such violation of this Section 6.13 shall 6.5 will constitute an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.13(d6.5(b).

Appears in 1 contract

Samples: Seaboard Corp /De/

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Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.136.12, the Company shall forthwith will immediately make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion opinion, satisfactory in form and substance to the Required Holders, of independent counsel to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full fullest extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property securing the Notes. Such A violation of this Section 6.13 shall 6.12 will constitute an Event of Default hereunderDefault, whether or not any such provision is made pursuant to this Section 6.13(d6.12(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Ace Cash Express Inc/Tx)

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.13, 7.13 the Company shall will forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion of independent counsel to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property securing the Notes. Such violation of this Section 6.13 shall 7.13 will constitute an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.13(d7.13(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Alleghany Corp /De)

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.137.9, the Company shall will forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably with all other obligations secured thereby thereby, pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion of independent counsel (in form and substance satisfactory to the Required Holders) to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property securing the Notes. Such violation of this Section 6.13 shall constitute 7.9 constitutes an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.13(d7.9(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Minerals Technologies Inc)

Equal and Ratable Lien; Equitable Lien. In case any Property not otherwise the subject of a prior perfected Lien in favor of the Security Trustee shall be subjected to a Lien in violation of this Section 6.137.4, the Company shall will forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes shall will be secured equally and ratably with all other obligations secured thereby pursuant to such agreements and instruments as shall be approved by the Required Holders, and the Company shall will cause to be delivered to each holder of a Note an opinion of independent counsel to the effect that such agreements and instruments are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the full extent that, and with such priority as, the holders of Notes may be entitled thereto under applicable law, of an equitable Lien on such Property securing the Notes. Such violation of this Section 6.13 shall 7.4 will constitute an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.13(d7.4(b).

Appears in 1 contract

Samples: Selective Insurance Group Inc

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