Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of payment to any Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either: (i) pari passu in right of payment with the Securities or such Guarantor’s Guarantee, as the case may be, or (ii) subordinate in right of payment to the Securities or such Guarantor’s Guarantee, as the case may be.
Appears in 6 contracts
Samples: Indenture (Verso Paper Corp.), Third Supplemental Indenture (Verso Paper Corp.), Indenture (Covalence Specialty Adhesives LLC)
Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Restricted Subsidiary that is a Guarantor to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of to payment to any Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either:
(i) pari passu in right of payment with the Securities or such Guarantor’s 's Senior Subordinated Guarantee, as the case may be, or
(ii) subordinate in right of payment to the Securities or such Guarantor’s 's Senior Subordinated Guarantee, as the case may be.
Appears in 4 contracts
Samples: Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc)
Limitation on Other Senior Subordinated Indebtedness. The Company shall will not, and shall will not permit any Guarantor to, directly or indirectly, Incur incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of payment to any Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either:
either (ia) pari passu in right of payment with the Securities Notes or such Guarantor’s Guarantee, as the case may be or (b) subordinate in right of payment to the Notes, or such Guarantor’s Guarantee, as the case may be, or
(ii) subordinate in right . No such Indebtedness will be considered to be senior by virtue of payment to the Securities being secured on a first or such Guarantor’s Guarantee, as the case may bejunior priority basis.
Appears in 1 contract
Samples: Indenture (Accuride Corp)
Limitation on Other Senior Subordinated Indebtedness. The Company shall will not, and shall will not permit any Guarantor to, directly or indirectly, Incur incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of payment to any Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either:
either (ia) pari passu PARI PASSU in right of payment with the Securities Notes or such Guarantor’s 's Guarantee, as the case may be, or
be or (iib) subordinate in right of payment to the Securities Notes, or such Guarantor’s 's Guarantee, as the case may be.
Appears in 1 contract
Samples: Indenture (Accuride Corp)
Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of payment to any Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either:
either (ia) pari passu in right of payment with the Securities or such Guarantor’s 's Guarantee, as the case may be, or
be or (iib) subordinate in right of payment to the Securities Securities, or such Guarantor’s 's Guarantee, as the case may be.
Appears in 1 contract
Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of payment to any Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either:
(i) pari passu in right of payment with the Securities or such Guarantor’s 's Senior Subordinated Guarantee, as the case may be, or
(ii) subordinate in right of payment to the Securities or such Guarantor’s 's Senior Subordinated Guarantee, as the case may be.
Appears in 1 contract
Samples: Indenture (Nalco Energy Services Equatorial Guinea LLC)
Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of payment to any Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either:
(ia) pari passu in right of payment with the Securities or such Guarantor’s Guarantee, as the case may be, or
(iib) subordinate in right of payment to the Securities or such Guarantor’s Guarantee, as the case may be.
Appears in 1 contract
Samples: Indenture (MPM Silicones, LLC)
Limitation on Other Senior Subordinated Indebtedness. The Company shall Borrower will not, and shall will not permit any Guarantor to, directly or indirectly, Incur incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of payment to any other Indebtedness of the Company Borrower or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either:
either (ia) pari passu in right of payment with the Securities Loans or such other Guarantor’s 's Guarantee, as the case may be, or
be or (iib) subordinate in right of payment to the Securities Loans or such Guarantor’s 's Guarantee, as the case may be.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Rockwood Specialties Group Inc)
Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness) that is subordinate in right of payment to any Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either:
(i) pari passu in right of payment with the Securities or such Guarantor’s Senior Subordinated Guarantee, as the case may be, or
(ii) subordinate in right of payment to the Securities or such Guarantor’s Senior Subordinated Guarantee, as the case may be.
Appears in 1 contract
Samples: Indenture (Goodman Holding CO)