Common use of Indebtedness owed to Clause in Contracts

Indebtedness owed to. (A) The Company or a Guarantor evidenced by an unsubordinated promissory note; or (B) any other Restricted Subsidiary; provided that if the Company or any Guarantor is an obligor, the Indebtedness is subordinated in right of payment to the Notes, in the case of the Company or the Co-Issuer., or the Note Guarantee, in the case of a Guarantor; provided that any event which results in any such Restricted Subsidiary ceasing to be a Restricted Subsidiary or any subsequent transfer of such Indebtedness (other than to the Company or any other Restricted Subsidiary) will be deemed, in each case, to constitute an Incurrence of such Indebtedness not permitted by this clause (2)(B);

Appears in 3 contracts

Samples: Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.), Indenture (Cincinnati Bell Inc)

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Indebtedness owed to. (A) The Company or a Guarantor evidenced by an unsubordinated promissory note; or (B) any other Restricted Subsidiary; provided that if the Company or any Guarantor is an obligor, the Indebtedness is subordinated in right of payment to the Notes, in the case of the Company or the Co-Issuer., or the Note Guarantee, in the case of a Guarantor; provided that any event which results in any such Restricted Subsidiary ceasing to be a Restricted Subsidiary or any subsequent transfer of such Indebtedness (other than to the Company or any other Restricted Subsidiary) will be deemed, in each case, to constitute an Incurrence of such Indebtedness not permitted by this clause (2)(B);

Appears in 1 contract

Samples: Indenture (CyrusOne Inc.)

Indebtedness owed to. (A) The the Company or a Subsidiary Guarantor evidenced by an unsubordinated promissory note; note; or (B) any other Restricted Subsidiary; Subsidiary; provided that if the Company or any Subsidiary Guarantor is an obligor, the Indebtedness is subordinated in right of payment to the Notes, in the case of the Company or the Co-Issuer.Company, or the Note Guarantee, in the case of a Guarantor; Subsidiary Guarantor (except to the extent prohibited by applicable Gaming Law); and provided further that any event which results in any such Restricted Subsidiary ceasing to be a Restricted Subsidiary or any subsequent transfer of such Indebtedness (other than to the Company or any other Restricted Subsidiary) will shall be deemed, in each case, to constitute an Incurrence of such Indebtedness not permitted by this clause (2)(B);2)(B);

Appears in 1 contract

Samples: Indenture (Vici Properties Inc.)

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Indebtedness owed to. (A) The Company the Issuer or a Subsidiary Guarantor evidenced by an unsubordinated promissory note; note; or (B) any other Restricted Subsidiary; Subsidiary; provided that if the Company Issuer or any Subsidiary Guarantor is an obligor, the Indebtedness is subordinated in right of payment to the Notes, in the case of the Company or the Co-Issuer., or the Note Guarantee, in the case of a Guarantor; Subsidiary Guarantor; and provided further that any event which results in any such Restricted Subsidiary ceasing to be a Restricted Subsidiary or any subsequent transfer of such Indebtedness (other than to the Company Issuer or any other Restricted Subsidiary) will be deemed, in each case, to constitute an Incurrence of such Indebtedness not permitted by this clause (2)(B);2)(B);

Appears in 1 contract

Samples: Indenture (Xenia Hotels & Resorts, Inc.)

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