Common use of Limitation on Layering Clause in Contracts

Limitation on Layering. The Company will not incur any Indebtedness if such Indebtedness is subordinate or junior in ranking in any respect to any Senior Debt unless such Indebtedness is Pari Passu Debt or is contractually subordinated in right of payment to Pari Passu Debt; PROVIDED, HOWEVER, that no Indebtedness of the Company shall be deemed to be subordinated or junior in ranking in right of payment to any other Indebtedness of the Company solely by virtue of being unsecured.

Appears in 2 contracts

Samples: Dollar Indenture (MDCP Acquisitions I), MDCP Acquisitions I

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Limitation on Layering. The Company will not incur any Indebtedness if such Indebtedness is subordinate or junior in ranking in any respect to any Senior Debt unless such Indebtedness is Pari Passu Debt or is contractually subordinated in right of payment to Pari Passu Debt; PROVIDEDprovided, HOWEVERhowever, that no Indebtedness of the Company shall be deemed to be subordinated or junior in ranking in right of payment to any other Indebtedness of the Company solely by virtue of being unsecured.

Appears in 2 contracts

Samples: Dollar Indenture (JSG Acquisitions I), JSG Acquisitions I

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