Common use of Equal Security for Loans and Notes; No Further Negative Pledges Clause in Contracts

Equal Security for Loans and Notes; No Further Negative Pledges. (a) If the Company or any of its Subsidiaries shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired and whether or not such property or assets constitute Collateral, other than Liens permitted to exist with respect to such property or assets pursuant to Section 7.03 hereof or other than Prior Liens or Liens otherwise permitted to exist pursuant to the Security Documents (unless prior written consent to the creation or assumption thereof shall have been obtained from the Administrative Agent and the Required Banks), the Company shall, and shall cause any applicable Subsidiary to, make or cause to be made effective provisions whereby the Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured as long as any such Indebtedness shall be secured; provided that this covenant shall not be construed as consent by the Administrative Agent and the Required Banks to any violation by the Company of the provisions of Section 7.03.

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (MMH Holdings Inc), Credit Agreement (MMH Holdings Inc), Credit Agreement (Morris Material Handling Inc)

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Equal Security for Loans and Notes; No Further Negative Pledges. (a) A. If the Company or any of its Subsidiaries shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired and whether or not such property or assets constitute Collateralacquired, other than Liens permitted to exist with respect to such property or assets pursuant to Section 7.03 hereof or other than Prior Liens or Liens otherwise permitted to exist pursuant to not prohibited by the Security Documents provisions of subsection 6.2 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Administrative Agent and the Required BanksRequisite Lenders), the Company it shall, and shall cause any applicable Subsidiary toat the request of Requisite Lenders, make or cause to be made effective provisions provision whereby the Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured as long as any such Indebtedness shall be secured; provided that this covenant shall not be construed as consent by the Administrative Agent and the Required Banks Requisite Lenders to any violation by the Company of the provisions of Section 7.03subsection 6.2; provided further that Company shall under no circumstances be required to make or cause to be made effective provision whereby the Obligations will be secured, directly or indirectly, by Margin Stock.

Appears in 1 contract

Samples: Company Pledge Agreement (Owens Illinois Inc /De/)

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