Limitation on Senior Subordinated Debt. The Company shall not Incur any Debt which by its terms is both (i) subordinated in right of payment to any Senior Debt and (ii) senior in right of payment to the Notes.
Appears in 6 contracts
Samples: Indenture (Loews Cineplex Entertainment Corp), Indenture (Hollywood Theaters Inc), Phillips Van Heusen Corp /De/
Limitation on Senior Subordinated Debt. The Company shall not Incur incur any Debt which by its terms that is both (i) subordinated expressly made subordinate in right of payment to any of its Senior Debt and (ii) senior unless such Debt, by its terms or by the terms of any agreement or instrument pursuant to which such Debt is outstanding, is expressly made pari passu with, or subordinate in right of payment to the NotesSecurities. This Section 11.1(d) shall not apply to distinctions between categories of Senior Debt of the Company that exist by reason of any liens or guarantees arising or created in respect of some but not all of such Senior Debt.
Appears in 3 contracts
Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)
Limitation on Senior Subordinated Debt. The Company shall will not Incur incur, create, issue, assume, Guarantee or otherwise become liable for any Debt which by its terms Indebtedness that is both (i) subordinated subordinate or junior in right of payment to any Senior Debt and (ii) senior in any respect in right of payment to the NotesSecurities.
Appears in 2 contracts
Samples: Republic Group Inc, Vencor Inc
Limitation on Senior Subordinated Debt. (a) (1) The Company shall not Incur incur any Debt which by its terms Indebtedness that is both (i) subordinated subordinate or junior in right of payment to any Senior Debt of the Company unless it is pari passu or subordinate in right of payment to the Notes and (ii2) senior Co-Issuer Corp. shall not incur any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of Co-Issuer Corp. unless it is pari passu or subordinate in right of payment to the Notes.
Appears in 2 contracts
Samples: Cablevision Systems Corp /Ny, Rainbow Media Enterprises, Inc.
Limitation on Senior Subordinated Debt. The Company shall not Incur any Debt which by its terms is both (i) subordinated in right of payment to any Senior Debt and (ii) senior in right of payment to the NotesSecurities.
Appears in 1 contract
Samples: Nextlink Communications LLC
Limitation on Senior Subordinated Debt. (a) The Company shall not Incur any Debt which by its terms is both (i) subordinated any Indebtedness that is subordinate or junior in ranking in right of payment by its terms to any Senior Debt of the Company and (ii) senior in right of payment by its terms to the NotesSecurities or (ii) any Secured Debt that is not Senior Debt unless contemporaneously therewith effective provision is made to secure the Securities equally and ratably with such Secured Debt for so long as such Secured Debt is secured by a Lien.
Appears in 1 contract
Samples: Radio One Inc
Limitation on Senior Subordinated Debt. (a) The Company shall not Incur incur any Debt which by its terms Indebtedness that is both (i) subordinated subordinate or junior in right of payment to any Senior Debt and (ii) senior of the Company unless it is pari passu or subordinate in right of payment to the Notes.
Appears in 1 contract
Samples: Indenture (Moog Inc)