Equal and Ratable Lien; Equitable Lien. In case any Property is subjected to a Lien in violation of this Section 6.9, the Company will make or cause to be made provision whereby the Notes will be secured equally and ratably with all other obligations secured thereby and in any 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 so equally and ratably securing the Notes. Such violation of Section 6.9 shall constitute an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.9(b).
Appears in 3 contracts
Samples: Note Agreement (Nash Finch Co), Note Agreement (Nash Finch Co), Note Agreement (Nash Finch Co)
Equal and Ratable Lien; Equitable Lien. In case any Property is subjected to a Lien in violation of this Section 6.9paragraph 6C, the Company will shall make or cause to be made provision (the documents, agreements and instruments by which such provision is effected being subject to the approval of the Required Holders) whereby the Notes will be secured equally and ratably with all other obligations secured thereby thereby, and in any case the Notes shall have the benefit, to the full extent that, and with such priority as, that the holders may be entitled thereto under applicable law, of an equitable Lien on such Property so equally and ratably securing the Notes. Such violation of Section 6.9 this paragraph 6C shall constitute an Event of Default hereunder, whether or not any such provision is made pursuant to this Section 6.9(b).paragraph 6C.
Appears in 2 contracts
Samples: Note Purchase Agreement (National Consumer Cooperative Bank /Dc/), Note Purchase and Uncommitted Master Shelf Agreement (National Consumer Cooperative Bank /Dc/)