Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and subordinate in right of payment to any other Indebtedness of the Company. (b) The Company shall not permit any Guarantor to, and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor and subordinate in right of payment to any other Indebtedness of such Guarantor.
Appears in 3 contracts
Samples: Indenture (Polymer Group Inc), Indenture (St John Knits Inc), Indenture (Fabrene Group Inc)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and expressly rank subordinate in right of payment to any other Indebtedness of the CompanySenior Indebtedness.
(b) The Company shall not permit any Guarantor to, and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee Guaranty of such Guarantor and expressly rank subordinate in right of payment to any other Guarantor Senior Indebtedness of such Guarantor.
Appears in 2 contracts
Samples: Indenture (Tci Satellite Entertainment Inc), Indenture (Tci Satellite Entertainment Inc)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities of any Series and expressly rank subordinate in right of payment to any other Indebtedness of the CompanySenior Indebtedness.
(b) The Company shall not permit any Guarantor to, and no Guarantor shall, directly or indirectly, Incur incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor of Securities of any Series and expressly rank subordinate in right of payment to any other Guarantor Senior Indebtedness of such Guarantor.
Appears in 2 contracts
Samples: Indenture (Horton D R Inc /De/), Indenture (HPH Homebuilders 2000 Lp)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, will not (i) directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and rank subordinate in right of payment to any other Indebtedness of the Company.
Company and (bii) The Company shall not cause or permit any Guarantor to, and no Guarantor shallwill, directly or indirectly, Incur incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor and rank subordinate in right of payment to any other Indebtedness of such Guarantor.
Appears in 1 contract
Samples: Indenture (Aep Industries Inc)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and subordinate in right of payment to any other Indebtedness of the Company.
(b) . The Company shall not permit any Guarantor to, and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor and subordinate in right of payment to any other Indebtedness of such Guarantor.
Appears in 1 contract
Samples: Indenture (Aas Capital Corp)
Limitation on Senior Subordinated Indebtedness. (a) The Company Issuers shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and expressly rank subordinate in right of payment to any other Indebtedness of the CompanySenior Indebtedness.
(b) The Company shall not permit any Guarantor to, to and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee Guaranty of such Guarantor and expressly rank subordinate in right of payment to any other Guarantor Senior Indebtedness of such Guarantor.
Appears in 1 contract
Samples: Indenture (Digital Television Services of Kansas LLC)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and subordinate in right of payment to any other Indebtedness of the Company.
(b) . The Company shall not permit any Guarantor to, and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor and subordinate in right of payment to any other Indebtedness of such Guarantor.
Appears in 1 contract
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities Loans and expressly rank subordinate in right of payment to any other Senior Indebtedness of the Company.
(b) . The Company Parent shall not, and shall not permit any other Guarantor to, and no Guarantor shall, directly or indirectly, Incur incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor and expressly rank subordinate in right of payment to any other Senior Indebtedness of such Guarantor.
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Pro Fac Cooperative Inc)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, not (i) directly or indirectly, indirectly Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and expressly rank subordinate in right of payment to any other Indebtedness of the Company.
Senior Debt and (bii) The Company shall not permit any Guarantor toa Guaran tor, if any, to and no Guarantor shall, will directly or indirectly, indirectly Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor and expressly rank subordinate in right of payment to any other Indebtedness Senior Debt of such Guarantor.
Appears in 1 contract
Samples: Indenture (Pen Tab Industries Inc)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and subordinate in right of payment to any other Indebtedness of the Company.
(b) The Company shall not permit any Guarantor to, and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee Guaranty of such Guarantor and expressly rank subordinate in right of payment to any other Guarantor Senior Indebtedness of such Guarantor.
Appears in 1 contract
Samples: Indenture (Airxcel Inc)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities Notes and subordinate in right of payment to any other Indebtedness of the Company.
(b) The Company shall not permit any Guarantor to, and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor and subordinate in right of payment to any other Indebtedness of such Guarantor.
Appears in 1 contract
Samples: Modification Agreement (St John Knits International Inc)
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and expressly rank subordinate in right of payment to any other Indebtedness of the Company.
(b) The Company shall not permit any Guarantor to, and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Guarantor and subordinate in right of payment to any other Indebtedness of such Guarantor.
Appears in 1 contract
Limitation on Senior Subordinated Indebtedness. (a) The Company shall not, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Securities and expressly rank subordinate in right of payment to any other Indebtedness of the Company.
(b) . The Company shall not permit any Subsidiary Guarantor to, and no Subsidiary Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee Guaranty of such Subsidiary Guarantor and expressly rank subordinate in right of payment to any other Indebtedness of such Subsidiary Guarantor.
Appears in 1 contract
Samples: Indenture (Gentek Inc)