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

Equal and Ratable Lien; Equitable Lien. In case any Property shall be subjected to a Lien in violation of this Section 6.6, the Company will immediately make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes 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 will cause to be delivered to each holder of a Note an 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 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 (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). A violation

Appears in 1 contract

Samples: Note Purchase Agreement (Cerplex Group Inc)

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Equal and Ratable Lien; Equitable Lien. In case any Property shall be subjected to a Lien in violation of this Section 6.66.4, the Company will immediately forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes 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 will cause to be delivered to each holder of a Note an opinion, satisfactory in form and substance to the Required Holders, opinion of independent counsel to the effect that such agreements and instruments are enforceable in accordance with their terms. Regardless of whether the Company complies with the provisions of the immediately preceding sentence, and in case any such case Property shall be subjected to a Lien in violation of this Section 6.4, the Notes shall have the benefit, to the 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 (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)Notes. A violationviolation of this Section 6.4 will constitute an Event of Default, whether or not any such provision is made or action is taken pursuant to this Section 6.4(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Hudson Foods Inc)

Equal and Ratable Lien; Equitable Lien. In case any Property shall be subjected to a Lien in violation of this Section 6.66.7, the Company will immediately make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes 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 will cause to be delivered to each holder of a Note an 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 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 (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). A violationviolation of this Section 6.7 will constitute an Event of Default, whether or not any such provision is made pursuant to this Section 6.7(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Littelfuse Inc /De)

Equal and Ratable Lien; Equitable Lien. In case any Property property or asset shall be subjected to a Lien in violation of this Section 6.66.14, the Company will immediately forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes 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 will will, if so requested by the Required Holders, promptly cause to be delivered to each holder of a Note an opinion, opinion of independent counsel satisfactory in form and substance to the Required Holders, of independent counsel Holders to the effect that such agreements and instruments have been duly authorized, executed and delivered and are enforceable in accordance with their terms, and in any such case the Notes shall have the benefit, to the fullest 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 (provided thatNotes. Such violation of Section 6.14 will constitute a Default hereunder, notwithstanding the foregoing, each holder of Notes shall have the right whether or not any such provision is made pursuant 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). A violationthis Section 6.29.

Appears in 1 contract

Samples: Credit Agreement (Transocean Offshore Inc)

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Equal and Ratable Lien; Equitable Lien. In case any Property property shall be subjected to a Lien in violation of this Section 6.610.6, the Company will immediately forthwith make or cause to be made, to the fullest extent permitted by applicable law, provision whereby the Notes 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 will cause to be delivered to each holder of a Note Notes an opinion, opinion of independent counsel (selected by the Company and reasonably 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. Regardless of whether the Company complies with the provisions of the immediately preceding sentence, and in case any such case property shall be subjected to a Lien in violation of this Section 10.6, the Notes shall have the benefit, to the 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 (provided thatNotes. A violation of this Section 10.6 will constitute an Event of Default, notwithstanding the foregoing, each holder of Notes shall have the right whether or not any such provision is made or action is taken pursuant 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 Lienthis Section 10.6(b). A violation(c)

Appears in 1 contract

Samples: Note Purchase Agreement (Optical Coating Laboratory Inc)

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