Limitation on Liens Securing Indebtedness. The Company and the Guarantors shall not, and neither the Company nor the Guarantors shall permit any of their respective Subsidiaries to, create, incur, assume or suffer to exist any Lien of any kind, other than Permitted Liens, upon any of their respective assets now owned or acquired on or after the date of this Indenture or upon any income or profits therefrom, unless the Company provides, and causes its Subsidiaries to provide, concurrently therewith, that the Notes and the applicable Guarantees are equally and ratably so secured; provided, that if such Indebtedness is Subordinated Indebtedness, the Lien securing such Subordinated Indebtedness shall be contractually subordinate and junior to the Lien securing the Notes (and any related applicable Guarantees) with the same relative priority as such Subordinated Indebtedness shall have with respect to the Notes (and any related applicable Guarantees).
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Samples: Indenture (Radiologix Inc), Indenture (Radiologix Inc)
Limitation on Liens Securing Indebtedness. The Company Issuers and the Guarantors shall Guarantors, if any, will not, and neither the Company nor the Guarantors shall will not permit any of their respective Subsidiaries to, individually or collectively, create, incur, assume or suffer to exist any Lien of any kind, other than Permitted Liens, upon any of their respective assets now owned or acquired on or after the date of this the Indenture or upon any income or profits therefromtherefrom securing any Indebtedness of the Issuers, the Guarantors, if any, or any of their Subsidiaries other than Senior Debt, unless the Company providesIssuers and Guarantors, if any, each provide, and causes its cause their Subsidiaries to provide, concurrently therewith, that the Notes and the applicable Guarantees Securities are equally and ratably so secured; provided, that provided that, if such Indebtedness is Subordinated Indebtedness, the Lien securing such Subordinated Indebtedness shall be contractually subordinate and junior to the Lien securing the Notes (and any related applicable Guarantees) Securities with the same relative priority as such Subordinated Indebtedness shall have with respect to the Notes (and any related applicable Guarantees)Securities.
Appears in 2 contracts
Samples: Indenture (Sun International Hotels LTD), Indenture (Ggri Inc)
Limitation on Liens Securing Indebtedness. The Company Issuers and the Guarantors shall will not, and neither the Company nor the Guarantors shall will not permit any of their respective Subsidiaries to, individually or collectively, create, incur, assume or suffer to exist any Lien of any kind, other than Permitted Liens, upon any of their respective assets now owned or acquired on or after the date of this the Indenture or upon any income or profits therefromtherefrom securing any Indebtedness of the Issuers, the Guarantors or any of their Subsidiaries other than Senior Debt, unless the Company providesIssuers and Guarantors each provide, and causes its cause their Subsidiaries to provide, concurrently therewith, that the Notes and the applicable Guarantees are equally and ratably so secured; provided, that provided that, if such Indebtedness is Subordinated Indebtedness, the Lien securing such Subordinated Indebtedness shall be contractually subordinate and junior to the Lien securing the Notes (and any related applicable Guarantees) with the same relative priority as such Subordinated Indebtedness shall have with respect to the Notes (and any related applicable Guarantees)Notes.
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Limitation on Liens Securing Indebtedness. The Company and the Guarantors shall will not, and neither the Company nor the Guarantors shall will not permit any of their respective Restricted Subsidiaries to, create, incur, assume or suffer to exist any Lien of any kind, Liens (other than Permitted Liens, ) upon any of their respective assets now owned or acquired on or after properties securing (i) any Indebtedness of the date Company (other than Senior Indebtedness of this Indenture or upon any income or profits therefromthe Company), unless the Company provides, and causes its Subsidiaries to provide, concurrently therewith, that the Notes and the applicable Guarantees are equally and ratably so secured or (ii) any Indebtedness of any Subsidiary Guarantor (other than Senior Indebtedness of such Subsidiary Guarantor), unless the Guarantees of such Subsidiary Guarantors are equally and ratably secured; provided, however, that if such Indebtedness is Subordinated Indebtednessexpressly subordinated to the Notes or the Guarantees, the Lien securing such Subordinated Indebtedness shall will be contractually subordinate subordinated and junior to the Lien securing the Notes (and any related applicable or the Guarantees) , with the same relative priority as such Subordinated subordinated Indebtedness shall of the Company or a Subsidiary Guarantor will have with respect to the Notes (and any related applicable or the Guarantees), as the case may be.
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Samples: Indenture (Giant Industries Inc)
Limitation on Liens Securing Indebtedness. The Company and the Guarantors shall not, and neither the Company nor the Guarantors shall not permit any of their respective Subsidiaries to, create, incur, assume or suffer to exist any Lien of any kind, other than Permitted Liens, upon any of their respective assets now owned or acquired on or after the date of this Indenture or upon any income or profits therefromtherefrom securing any Indebtedness of the Company or any Subsidiary other than Senior Debt, unless the Company and each of the Guarantors provides, and causes its their Subsidiaries to provide, concurrently therewith, that the Notes and the applicable Guarantees Securities are equally and ratably so secured; provided, that provided that, if such Indebtedness is Subordinated Indebtedness, the Lien securing such Subordinated Indebtedness shall be contractually subordinate and junior to the Lien securing the Notes (and any related applicable Guarantees) Securities with the same relative priority as such Subordinated Indebtedness shall have with respect to the Notes (and any related applicable Guarantees)Securities.
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Limitation on Liens Securing Indebtedness. The Company Issuers and the Guarantors shall Guarantors, if any, will not, and neither the Company nor the Guarantors shall will not permit any of their respective Subsidiaries to, individually or collectively, create, incur, assume or suffer to exist any Lien of any kind, other than Permitted Liens, upon any of their respective assets now owned or acquired on or after the date of this Indenture or upon any income or profits therefromtherefrom securing any Indebtedness of the Issuers, the Guarantors, if any, or any of their Subsidiaries other than Senior Debt, unless the Company providesIssuers and Guarantors, if any, each provide, and causes its cause their Subsidiaries to provide, concurrently therewith, that the Notes and the applicable Guarantees Securities are equally and ratably so secured; provided, that provided that, if such Indebtedness is Subordinated Indebtedness, the Lien securing such Subordinated Indebtedness shall be contractually subordinate and junior to the Lien securing the Notes (and any related applicable Guarantees) Securities with the same relative priority as such Subordinated Indebtedness shall have with respect to the Notes (and any related applicable Guarantees)Securities.
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Limitation on Liens Securing Indebtedness. The Company Issuer and the Guarantors shall will not, and neither the Company nor the Guarantors shall will not permit any of their respective Subsidiaries to, individually or collectively, create, incur, assume or suffer to exist any Lien of any kind, other than Permitted Liens, upon any of their respective assets now owned or acquired on or after the date of this Indenture or upon any income or profits therefromtherefrom securing any Indebtedness of the Issuer, the Guarantors or any of their Subsidiaries other than Senior Debt, unless the Company providesIssuer and Guarantors each provide, and causes its cause their Subsidiaries to provide, concurrently therewith, that the Notes and the applicable Guarantees Securities are equally and ratably so secured; provided, that provided that, if such Indebtedness is Subordinated Indebtedness, the Lien securing such Subordinated Indebtedness shall be contractually subordinate and junior to the Lien securing the Notes (and any related applicable Guarantees) Securities with the same relative priority as such Subordinated Indebtedness shall have with respect to the Notes (and any related applicable Guarantees)Securities.
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Samples: Indenture (Kerzner International Employment Services LTD)
Limitation on Liens Securing Indebtedness. The Company Issuers and the Guarantors shall Guarantors, if any, will not, and neither the Company nor the Guarantors shall will not permit any of their respective Subsidiaries to, individually or collectively, create, incur, assume or suffer to exist any Lien of any kind, other than Permitted Liens, upon any of their respective assets now owned or acquired on or after the date of this the Indenture or upon any income or profits therefromtherefrom securing any Indebtedness of the Issuers, the Guarantors, if any, or any of their Subsidiaries other than Senior Debt, unless the Company providesIssuers and Guarantors, if any, each provide, and causes its cause their Subsidiaries to provide, concurrently therewith, that the Notes and the applicable Guarantees Securities are equally and ratably so secured; provided, that PROVIDED that, if such Indebtedness is Subordinated Indebtedness, the Lien securing such Subordinated Indebtedness shall be contractually subordinate and junior to the Lien securing the Notes (and any related applicable Guarantees) Securities with the same relative priority as such Subordinated Indebtedness shall have with respect to the Notes (and any related applicable Guarantees)Securities.
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Samples: Indenture (Ggri Inc)