Limitation on Other Senior Subordinated Indebtedness. The Company will not, and will not permit its Restricted Subsidiaries to, incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is both: (1) subordinate in right of payment to any Senior Indebtedness; and (2) senior in right of payment to the Notes or any Subsidiary Guaranty. Neither the existence nor lack of a security interest nor the priority of any such security interest shall be deemed to affect the ranking or right of payment of any Indebtedness.
Appears in 2 contracts
Samples: Indenture (SHG Holding Solutions Inc), Indenture (Leasehold Resource Group LLC)
Limitation on Other Senior Subordinated Indebtedness. The Company will shall not, and will shall not permit its Restricted Subsidiaries Subsidiary Guarantors to, incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is both:
(1) subordinate in right of payment to any Senior Indebtedness; and
(2) senior in right of payment to the Notes or any Subsidiary Guaranty. Neither the existence nor lack of a security interest nor the priority of any such security interest shall be deemed to affect the ranking or right of payment of any Indebtedness.
Appears in 1 contract
Samples: Indenture (Sun Healthcare Group Inc)
Limitation on Other Senior Subordinated Indebtedness. The Company will not, and will not permit its Restricted Subsidiaries any Guarantor to, incurdirectly or indirectly, create, issue, assume, guarantee or otherwise become liable for incur any Indebtedness that is both:
purports to be by its terms (1) subordinate in right or by the terms of payment to any Senior agreement governing such Indebtedness; and
(2) senior in right of payment to the Notes or any Subsidiary Guaranty. Neither the existence nor lack Guarantee of a security interest nor the priority of any such security interest shall be deemed to affect the ranking or Guarantor and subordinated in right of payment to any other Indebtedness of any Indebtednessthe Company or of such Guarantor, as the case may be.
Appears in 1 contract
Samples: Indenture (Rural Metro Corp /De/)
Limitation on Other Senior Subordinated Indebtedness. The Company will not, and will cause its Subsidiaries not permit its Restricted Subsidiaries to, incur, create, issue, assume, guarantee or otherwise in any other manner become directly or indirectly liable for with respect to or responsible for, or permit to remain outstanding, any Indebtedness Indebtedness, other than the Notes, that (i) is both:
(1) expressly by its terms subordinate or junior in right of payment to any Senior Indebtedness; and
Indebtedness and (2ii) senior does not expressly provide by its terms that it is subordinate or junior in right of payment to the Notes or any Subsidiary Guaranty. Neither the existence nor lack of a security interest nor the priority of any such security interest shall be deemed to affect the ranking or right of payment of any IndebtednessNotes.
Appears in 1 contract
Samples: Indenture (Sholodge Inc)