Equal and Ratable Sharing of Collateral by Holders of Parity Lien Debt. (a) Notwithstanding: (1) anything contained in the Collateral Trust Agreement or in any other Security Document; (2) the time of incurrence of any Series of Parity Lien Debt; (3) the order or method of attachment or perfection of any Liens securing any Series of Parity Lien Debt; (4) the time or order of filing or recording of financing statements or other documents filed or recorded to perfect any Parity Lien upon any Collateral; (5) the time of taking possession or control over any Collateral; (6) that any Parity Lien may not have been perfected or may be or have become subordinated, by equitable subordination or otherwise, to any other Lien; or (7) the rules for determining priority under any law governing relative priorities of Liens, all Parity Liens granted at any time by EFIH shall secure, equally and ratably, all present and future Parity Lien Obligations. (b) Section 10.01(a) hereof is intended for the benefit of, and shall be enforceable as a third party beneficiary by, each present and future holder of Parity Lien Obligations, each present and future Parity Lien Representative and the Collateral Trustee as holder of Parity Liens.
Appears in 6 contracts
Samples: Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC)
Equal and Ratable Sharing of Collateral by Holders of Parity Lien Debt. (a) Notwithstanding:
(1) anything to the contrary contained in the Collateral Trust Agreement or in any other Security DocumentDocuments;
(2) the time of incurrence of any Series of Parity Lien Debt;
(3) the order or method of attachment or perfection of any Liens securing any Series of Parity Lien Debt;
(4) the time or order of filing or recording of financing statements statements, mortgages or other documents filed or recorded to perfect any Parity Lien upon any Collateral;
(5) the time of taking possession or control over any Collateral;
(6) that any Lien securing Parity Lien Debt may not have been perfected or may be or have become subordinated, by equitable subordination or otherwise, to any other Lien; or
(7) the rules for determining priority under any law governing relative priorities of Liens, ;
(a) all Parity Liens granted at any time by EFIH shall an Issuer or any Guarantor will secure, equally and ratably, all present and future Parity Lien Obligations.; and
(b) Section 10.01(a) hereof is intended for all proceeds of all Parity Liens granted at any time by an Issuer or any Guarantor will be allocated and distributed equally and ratably on account of the benefit of, and shall be enforceable as a third party beneficiary by, each present and future holder of Parity Lien Obligations, each present Debt and future other Parity Lien Representative Obligations as and to the extent set forth in the Collateral Trustee as holder of Parity LiensTrust Agreement.
Appears in 2 contracts
Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)
Equal and Ratable Sharing of Collateral by Holders of Parity Lien Debt. (a) Notwithstanding:
(1) anything to the contrary contained in the Collateral Trust Agreement or in any other Security DocumentDocuments;
(2) the time of incurrence of any Series of Parity Lien Debt;
(3) the order or method of attachment or perfection of any Liens securing any Series of Parity Lien Debt;
(4) the time or order of filing or recording of financing statements statements, mortgages or other documents filed or recorded to perfect any Parity Lien upon any Collateral;
(5) the time of taking possession or control over any Collateral;
(6) that any Parity Lien may not have been perfected or may be or have become subordinated, by equitable subordination or otherwise, to any other Lien; or
(7) the rules for determining priority under any law governing relative priorities of Liens, :
(A) all Parity Liens granted at any time by EFIH shall the Issuer or any Guarantor will secure, equally and ratably, all present and future Parity Lien Obligations.; and
(bB) Section 10.01(a) hereof is intended for all proceeds of all Parity Liens granted at any time by the benefit of, Issuer or any Guarantor will be allocated and shall be enforceable as a third party beneficiary by, each present distributed equally and future holder ratably on account of the Parity Lien Debt and other Parity Lien Obligations, each present and future Parity Lien Representative and the Collateral Trustee as holder of Parity Liens.
Appears in 2 contracts
Samples: Indenture (Nathans Famous Inc), Indenture (Nathans Famous Inc)
Equal and Ratable Sharing of Collateral by Holders of Parity Lien Debt. (a) Notwithstanding:
(1) anything to the contrary contained in the Collateral Trust Agreement or in any other Security Document;
Documents; (2) the time of incurrence of any Series of Parity Lien Debt;
; (3) the order or method of attachment or perfection of any Liens securing any Series of Parity Lien Debt;
; (4) the time or order of filing or recording of financing statements statements, mortgages or other documents filed or recorded to perfect any Parity Lien upon any Collateral;
; (5) the time of taking possession or control over any Collateral;
; (6) that any Parity Lien may not have been perfected or may be or have become subordinated, by equitable subordination or otherwise, to any other Lien; or
or (7) the rules for determining priority under any law governing relative priorities of Liens, :
(a) all Parity Liens granted at any time by EFIH shall the Company or any other Pledgor will secure, equally and ratably, all present and future Parity Lien Obligations.Debt; and
(b) Section 10.01(a) hereof is intended for all proceeds of all Parity Liens granted at any time by the benefit of, Company or any other Pledgor will be allocated and shall be enforceable as a third party beneficiary by, each present distributed equally and future holder ratably on account of the Parity Lien Obligations, each present and future Parity Lien Representative and the Collateral Trustee as holder of Parity LiensDebt.
Appears in 1 contract
Samples: Indenture (AGY Holding Corp.)