Common use of Limitation on Layering Indebtedness Clause in Contracts

Limitation on Layering Indebtedness. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, Incur any Indebtedness that is or purports to be by its terms (or by the terms of any agreement governing such Indebtedness) contractually subordinated to any other Indebtedness of the Company or of such Restricted Subsidiary, as the case may be, unless such Indebtedness is also by its terms (or by the terms of any agreement governing such Indebtedness) contractually made expressly subordinate to the Securities or the related Guarantee of such Restricted Subsidiary, to the same extent and in the same manner as such Indebtedness is contractually subordinated to such other Indebtedness of the Company or such Restricted Subsidiary, as the case may be.

Appears in 1 contract

Samples: Indenture (Schuler Homes Inc)

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Limitation on Layering Indebtedness. The Company will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, Incur incur or suffer to exist any Indebtedness that is or purports to be by its terms (or by the terms of any agreement governing such Indebtedness) contractually senior to the Notes or the Note Guarantee of such Restricted Subsidiary and purports to be by its terms (or by the terms of any agreement governing such Indebtedness) subordinated to any other Indebtedness of the Company or of such Restricted Subsidiary, as the case may be, unless such it being understood that Indebtedness is also by its terms (or by the terms of any agreement governing such Indebtedness) contractually made expressly subordinate to the Securities or the related Guarantee of such Restricted Subsidiary, to the same extent and in the same manner as such Indebtedness is contractually will not be considered subordinated to such other Indebtedness solely by reason of the Company or such Restricted Subsidiary, as the case may bebeing secured by a Lien other than a first priority Lien.

Appears in 1 contract

Samples: Indenture (Transmontaigne Inc)

Limitation on Layering Indebtedness. The Company will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, Incur incur any Indebtedness that is or purports to be by its terms (or by the terms of any agreement governing such Indebtedness) contractually subordinated to any other Indebtedness of the Company or of such Restricted Subsidiary, as the case may be, unless such Indebtedness is also by its terms (or by the terms of any agreement governing such Indebtedness) contractually made expressly subordinate to the Securities Note or the related Note Guarantee of such Restricted Subsidiary, to the same extent and in the same manner as such Indebtedness is contractually subordinated to such other Indebtedness of the Company or such Restricted Subsidiary, as the case may be.

Appears in 1 contract

Samples: Indenture (Epmr Corp)

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Limitation on Layering Indebtedness. The ----------------------------------- Company will shall not, and will shall not permit any Restricted Subsidiary Guarantor to, directly or indirectly, Incur incur any Indebtedness that is or purports to be by its terms (or by the terms of any agreement governing such Indebtedness) contractually subordinated to any other Indebtedness of the Company or of such Restricted SubsidiaryGuarantor, as the case may be, unless such Indebtedness is also by its terms (or by the terms of any agreement governing such Indebtedness) contractually made expressly subordinate to the Securities Notes or the related any Guarantee of such Restricted SubsidiaryGuarantor, to the same extent and in the same manner as such Indebtedness is contractually subordinated to such other Indebtedness of the Company or such Restricted SubsidiaryGuarantor, as the case may be.

Appears in 1 contract

Samples: Indenture (Sola International Inc)

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