Common use of Limitation on Senior Subordinated Indebtedness Clause in Contracts

Limitation on Senior Subordinated Indebtedness. The Company will not Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary Guarantee.

Appears in 7 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)

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Limitation on Senior Subordinated Indebtedness. The Company will not Incur incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of the Company unless such Guarantor and senior Indebtedness is pari passu with, or subordinated in right of payment to such Guarantor’s Subsidiary Guaranteeto, the Notes.

Appears in 3 contracts

Samples: Indenture (Headwaters Inc), Indenture (Headwaters Inc), Indenture (Headwaters Inc)

Limitation on Senior Subordinated Indebtedness. The Company will not Incur incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary Guarantee.

Appears in 3 contracts

Samples: Indenture (Regal Cinemas Inc), Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)

Limitation on Senior Subordinated Indebtedness. The Company will shall not (i) directly or indirectly Incur any Indebtedness that is by its terms would expressly rank senior in right of payment to the Securities and expressly rank subordinate or junior in right of payment to any Senior Debt and (ii) permit a Guarantor to, and no Guarantor shall, directly or indirectly Incur any Indebtedness and that by its terms would expressly rank senior in right of payment to the Securities. No Guarantee of such Guarantor will Incur any Indebtedness that is and expressly rank subordinate or junior in right of payment to any Senior Indebtedness Debt of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary Guarantee.

Appears in 3 contracts

Samples: Indenture (Dolco Packaging Corp /De/), Indenture (Tekni Plex Inc), Indenture (Tekni Plex Inc)

Limitation on Senior Subordinated Indebtedness. The Company will not Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior unless such Indebtedness is pari passu with, or subordinated in right of payment to, the Notes; provided that the foregoing limitation shall not apply to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right distinctions between categories of payment to any Senior Indebtedness of the Company that exist by reason of any Liens or Guarantees arising or created in respect of some but not all of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary GuaranteeSenior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Extended Stay America Inc), Indenture (Extended Stay America Inc)

Limitation on Senior Subordinated Indebtedness. The Company will not Incur shall not, directly or indirectly, incur any Indebtedness that is by its terms would expressly rank senior in right of payment to the Securities of any Series and expressly rank subordinate or junior in right of payment to any Senior Indebtedness and senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary GuaranteeIndebtedness.

Appears in 2 contracts

Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)

Limitation on Senior Subordinated Indebtedness. The Company will not Incur not, directly or indirectly, issue, assume, guarantee, incur or otherwise become liable for any Indebtedness that which is both subordinate or junior in right of payment to any Senior Indebtedness and senior or superior in right of payment to the Securities. No Guarantor The Subsidiary Guarantors will Incur not, directly or indirectly, issue, assume, guarantee, incur or otherwise become liable for any Indebtedness that which is both subordinate or junior in right of payment to any Guarantor Senior Indebtedness of such Guarantor and senior or superior in right of payment to such Guarantor’s Subsidiary Guaranteethe Guarantees.

Appears in 2 contracts

Samples: Indenture (Plains Resources Inc), Indenture (Plains Resources Inc)

Limitation on Senior Subordinated Indebtedness. The Company will not, and will not Incur cause or permit any Guarantor to, directly or indirectly, incur any Indebtedness that is subordinate purports by its terms (or junior in right by the terms of payment any agreement governing such Indebtedness) to any Senior Indebtedness and rank senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior Notes and subordinated in right of payment to any Senior other Indebtedness of such Guarantor and senior in right the Company or of payment to such Guarantor’s Subsidiary Guarantee, as the case may be.

Appears in 2 contracts

Samples: First Supplemental Indenture (Horton D R Inc /De/), Second Supplemental Indenture (Horton D R Inc /De/)

Limitation on Senior Subordinated Indebtedness. The Company will shall not Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior unless such Indebtedness is pari passu with, or subordinated in right of payment to, the Notes; provided that the foregoing limitation shall not apply to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right distinctions between categories of payment to any Senior Indebtedness of the Company that exist by reason of any Liens or Guarantees arising or created in respect of some but not all such Guarantor and senior in right of payment to such Guarantor’s Subsidiary GuaranteeSenior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Primark Corp), Indenture (Pagemart Wireless Inc)

Limitation on Senior Subordinated Indebtedness. The Company will ---------------------------------------------- shall not, and shall not permit any Subsidiary Guarantor to Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior unless such Indebtedness is pari passu with, or subordinated in right of payment to to, the Securities. No Guarantor will Incur Notes or any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary Note Guarantee.

Appears in 1 contract

Samples: Indenture (Urs Corp /New/)

Limitation on Senior Subordinated Indebtedness. The Company will shall not Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior unless such Indebtedness is pari passu with, or subordinated in right of payment to to, the Securities. No Guarantor will Incur any Indebtedness ; provided that is subordinate or junior in right the foregoing limitation shall not apply to distinctions between categories of payment to any Senior Indebtedness of the Company that exist by reason of any Liens or Guarantees arising or created in respect of some but not all such Guarantor and senior in right of payment to such Guarantor’s Subsidiary GuaranteeSenior Indebtedness.

Appears in 1 contract

Samples: Indenture (Zd Inc)

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Limitation on Senior Subordinated Indebtedness. The Company will shall not Incur issue any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior in any respect in right of payment to the Securities. No Guarantor will Incur shall issue any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in any respect in right of payment to such Guarantor’s Subsidiary Guaranteethe Guarantees.

Appears in 1 contract

Samples: Indenture (Carson Products Co)

Limitation on Senior Subordinated Indebtedness. The Company will not Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary Guarantee.

Appears in 1 contract

Samples: Indenture (Amc Entertainment Inc)

Limitation on Senior Subordinated Indebtedness. The Company will shall not Incur incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior Debt of the Company unless it is pari passu or subordinate in right of payment to the SecuritiesNotes. No Subsidiary Guarantor will Incur shall incur any Indebtedness that is subordinate or junior in right of payment to any the Senior Indebtedness Debt of such Subsidiary Guarantor and senior unless it is pari passu or subordinate in right of payment to such Subsidiary Guarantor’s 's Subsidiary Guarantee.

Appears in 1 contract

Samples: Indenture (Armor Holdings Inc)

Limitation on Senior Subordinated Indebtedness. The Company and the Subsidiary Guarantors will not Incur incur any Indebtedness that pursuant to its terms is subordinate or junior in right of payment to any Senior Indebtedness and senior in any respect in right of payment to the Securities. No Guarantor will Incur any Indebtedness Notes or the Subsidiary Guarantees; provided that is subordinate or junior in right the foregoing limitation shall not apply to distinctions between categories of payment to any Senior Indebtedness of the Company or a Subsidiary Guarantor that exist by reason of any Liens or Guarantees arising or created in respect of some but not all such Guarantor and senior in right of payment to such Guarantor’s Subsidiary GuaranteeSenior Indebtedness.

Appears in 1 contract

Samples: Indenture (Lyondell Chemical Nederland LTD)

Limitation on Senior Subordinated Indebtedness. The Company will not Incur shall not, directly or indirectly, incur any Indebtedness that is by its terms would expressly rank senior in right of payment to the Securities and expressly rank subordinate or junior in right of payment to any Senior Indebtedness and senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary GuaranteeIndebtedness.

Appears in 1 contract

Samples: Indenture (Fedders North America Inc)

Limitation on Senior Subordinated Indebtedness. The Company will shall not Incur incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior Debt of the Company unless it is pari passu or subordinate in right of payment to the SecuritiesNotes. No Subsidiary Guarantor will Incur shall incur any Indebtedness that is subordinate or junior in right of payment to any the Senior Indebtedness Debt of such Subsidiary Guarantor and senior unless it is pari passu or subordinate in right of payment to such Subsidiary Guarantor’s Subsidiary Guarantee.

Appears in 1 contract

Samples: Indenture (Salant Corp)

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