Common use of Limitation on Other Senior Subordinated Indebtedness Clause in Contracts

Limitation on Other Senior Subordinated Indebtedness. The Company will not, and will 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 Guarantor, as the case may be, unless such Indebtedness is either (a) pari passu in right of payment with the 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, in the same manner and at least to the same extent as the Notes are subordinate to Senior Indebtedness or such Guarantor's Guarantee is subordinate to such Guarantor's Senior Indebtedness, as the case may be.

Appears in 4 contracts

Samples: Indenture (KCLC Acquisition Corp), Indenture (Randalls Food Markets Inc), Indenture (Kindercare Learning Centers Inc /De)

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Limitation on Other Senior Subordinated Indebtedness. The Company will shall not, and will 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 Guarantor, as the case may be, unless such Indebtedness is either (a) pari passu in right of payment with the 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, in the same manner and at least to the same extent as the Notes are subordinate to Senior Indebtedness or such Guarantor's Guarantee is subordinate to such Guarantor's Senior Indebtedness, as the case may be.

Appears in 3 contracts

Samples: Indenture (NXS I LLC), Indenture (Amphenol Corp /De/), Indenture (Boyds Collection LTD)

Limitation on Other Senior Subordinated Indebtedness. The Company will shall not, and will 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 Guarantor, as the case may be, unless such Indebtedness is either (a) pari passu in right of payment with the Notes or such Guarantor's ’s Guarantee, as the case may be or (b) subordinate in right of payment to the Notes, or such Guarantor's ’s Guarantee, as the case may be, in the same manner and at least to the same extent as the Notes are subordinate to Senior Indebtedness or such Guarantor's ’s Guarantee is subordinate to such Guarantor's ’s Senior Indebtedness, as the case may be.

Appears in 2 contracts

Samples: Indenture (Alliance Imaging Inc /De/), Indenture (Alliance Imaging Inc /De/)

Limitation on Other Senior Subordinated Indebtedness. The Company will shall not, and will 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 109 any Guarantor, as the case may be, unless such Indebtedness is either (a) pari passu in right of payment with the 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, in the same manner and at least to the same extent as the Notes are subordinate to Senior Indebtedness or such Guarantor's Guarantee is subordinate to such Guarantor's Senior Indebtedness, as the case may be.

Appears in 1 contract

Samples: Indenture (Alliance Imaging Inc /De/)

Limitation on Other Senior Subordinated Indebtedness. The Neither the Company will not, and will not permit nor any Guarantor towill create, directly incur, assume, guarantee or indirectly, incur in any other manner become liable with respect to any Indebtedness (including Acquired Indebtednessother than the Securities and the Guarantees) 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 (ai) pari passu in right of payment with the Notes Securities or such Guarantor's Guarantee, as the case may be be, or (bii) subordinate in right of payment to the Notes, Securities or such Guarantor's Guarantee, as the case may be, in the same manner and at least to the same extent as the Notes Securities are subordinate subordinated to Senior Indebtedness or as such Guarantor's Guarantee is subordinate subordinated to such Guarantor's Guarantor Senior Indebtedness, as the case may be.

Appears in 1 contract

Samples: Indenture (Blue Bird Corp)

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Limitation on Other Senior Subordinated Indebtedness. The Neither the Company will not, and will not permit nor any Guarantor toshall create, directly incur, assume, guarantee or indirectly, incur in any other manner become liable with respect to any Indebtedness (including Acquired Indebtednessother than the Notes and the Note Guarantees) 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 (ai) pari passu in right of payment with the Notes or such Guarantor's Note Guarantee, as the case may be be, or (bii) subordinate in right of payment to the Notes, Notes or such Guarantor's Note Guarantee, as the case may be, in the same manner and at least to the same extent as the Notes are subordinate subordinated to Senior Indebtedness or as such Guarantor's Note Guarantee is subordinate subordinated to such Guarantor's Guarantor Senior Indebtedness, as the case may be.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Gsi Group Inc)

Limitation on Other Senior Subordinated Indebtedness. The Company will shall not, and will shall not permit any Guarantor to, directly or indirectly, incur incur, contingently or otherwise, any Indebtedness (including Acquired Indebtednessother than the Notes and the Guarantees, as the case may be) that is both (1) subordinate in right of payment to any Senior Indebtedness of the Company or any Indebtedness of any such Guarantor, as the case may be, unless such Indebtedness is either and (a2) pari passu in right of payment with the Notes or such Guarantor's Guarantee, as the case may be or (b) subordinate senior in right of payment to the Notes, Notes or the Guarantee of such Guarantor's , as the case may be. For purposes of this Section 4.13, Indebtedness is deemed to be senior in right of payment to the Notes or a Guarantee, as the case may be, if it is not explicitly subordinated in right of payment to Senior Indebtedness of the same manner and Company or such Guarantor, as the case may be, at least to the same extent as the Notes are subordinate to Senior Indebtedness or and the Guarantee of such Guarantor's Guarantee is subordinate to such Guarantor's Senior Indebtedness, as the case may be, are subordinated to such Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Mariner Health Care Inc)

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