Common use of Limitations upon Liens Clause in Contracts

Limitations upon Liens. (a) After the date hereof and so long as any Securities are Outstanding, the Issuer will not pledge, mortgage, hypothecate or grant a security interest in, or permit any mortgage, pledge, security interest or other lien upon, any capital stock of any Subsidiary now or hereafter owned by the Issuer to secure any Indebtedness (hereinafter defined), without making effective provisions whereby the Outstanding Securities shall (so long as such other Indebtedness shall be so secured) be equally and ratably secured with any and all such other Indebtedness and any other indebtedness similarly entitled to be equally and ratably secured; provided, however, that this restriction shall not apply to nor prevent the creation or existence of (i) any mortgage, pledge, security interest, lien or encumbrance upon any such capital stock created at the time of the acquisition of such capital stock by the Issuer or within one year after such time to secure all or a portion of the purchase price for such capital stock or existing thereon at the time of the acquisition thereof by the Issuer (whether or not the obligations secured thereby are assumed by the Issuer), or (ii) any extension, renewal or refunding of any mortgage, pledge, security interest, lien or encumbrance described in clause (i) above on capital stock of any Subsidiary theretofore subject thereto (or substantially the same capital stock) or any portion thereof.

Appears in 1 contract

Samples: Indenture (Illinois Power Co)

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Limitations upon Liens. (a) After In addition to the date hereof and so long as any Securities are Outstandingcovenants set forth in Article 10 of the Base Indenture, the Issuer Company covenants and agrees for the benefit of the Notes that neither it nor any Subsidiary will not pledgecreate, mortgageincur, hypothecate issue or grant a security interest inassume any Indebtedness secured by any Lien on any Principal Property now owned or hereafter acquired by the Company or any Restricted Subsidiary, and that neither the Company nor any Subsidiary will create, incur, issue or assume any Indebtedness secured by any Lien on any shares of stock or Indebtedness now existing, or permit any mortgage, pledge, security interest created or other lien upon, any capital stock acquired after the Original Issue Date of any Restricted Subsidiary now (such shares of stock or hereafter owned by the Issuer to secure Indebtedness of any Indebtedness (hereinafter definedRestricted Subsidiary being called "RESTRICTED SECURITIES"), without making effective provisions whereby in any such case effectively providing concurrently with the Outstanding Securities incurrence, creation, issuance or assumption of any such Indebtedness or the grant of any Lien with respect to any such Indebtedness that the Notes (together with, if the Company shall so determine, any other Indebtedness of the Company or such Subsidiary then existing or thereafter created which is not subordinate to the Notes) shall be secured equally and ratably with (or prior to) such secured Indebtedness, so long as such other secured Indebtedness shall be so secured) be equally and ratably secured with any and all such other Indebtedness and any other indebtedness similarly entitled to be equally and ratably secured; provided. The foregoing restriction shall not, however, that this restriction shall not apply to nor prevent the creation or existence of (i) any mortgage, pledge, security interest, lien or encumbrance upon any such capital stock created at the time of the acquisition of such capital stock by the Issuer or within one year after such time to secure all or a portion of the purchase price for such capital stock or existing thereon at the time of the acquisition thereof by the Issuer (whether or not the obligations Indebtedness secured thereby are assumed by the Issuer), or (ii) any extension, renewal or refunding of any mortgage, pledge, security interest, lien or encumbrance described in clause (i) above on capital stock of any Subsidiary theretofore subject thereto (or substantially the same capital stock) or any portion thereof.by:

Appears in 1 contract

Samples: Thomas & Betts Corp

Limitations upon Liens. (a) After The Company covenants and agrees for the date hereof benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution or in one or more supplemental indentures hereto which specifically provides otherwise, that neither it nor any Subsidiary will create, incur, issue or assume any Debt secured by any Lien on any Principal Property now owned or hereafter acquired by the Company or any Restricted Subsidiary, and so long as that the Company or any Securities are Outstanding, the Issuer Subsidiary will not pledgecreate, mortgageincur, hypothecate issue or assume any Debt secured by any Lien on any shares of stock or Debt now existing or owed or hereafter created or acquired of any Restricted Subsidiary (such shares of stock or Debt of any Restricted Subsidiary being called "Restricted Securities") without in any such case effectively providing concurrently with the incurrence, creation, issuance or assumption of any such Debt or the grant a security interest inof any Lien with respect to any such Debt that the applicable series of Securities (together with, or permit any mortgage, pledge, security interest or other lien uponif the Company shall so determine, any capital stock other Debt of any the Company or such Subsidiary now then existing or hereafter owned by thereafter created which is not subordinate to the Issuer to secure any Indebtedness Securities) shall be secured equally and ratably with (hereinafter defined)or prior to) such Secured Debt, without making effective provisions whereby the Outstanding Securities shall (so long as such other Indebtedness secured Debt shall be so secured) be equally and ratably secured with any and all such other Indebtedness and any other indebtedness similarly entitled to be equally and ratably secured; provided. The foregoing restriction shall not, however, that this restriction shall not apply to nor prevent the creation or existence of (i) any mortgage, pledge, security interest, lien or encumbrance upon any such capital stock created at the time of the acquisition of such capital stock by the Issuer or within one year after such time to secure all or a portion of the purchase price for such capital stock or existing thereon at the time of the acquisition thereof by the Issuer (whether or not the obligations Debt secured thereby are assumed by the Issuer), or (ii) any extension, renewal or refunding of any mortgage, pledge, security interest, lien or encumbrance described in clause (i) above on capital stock of any Subsidiary theretofore subject thereto (or substantially the same capital stock) or any portion thereof.by:

Appears in 1 contract

Samples: Indenture (Thomas & Betts Corp)

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Limitations upon Liens. (a) After The Company covenants and agrees for the date hereof benefit of the Notes that neither it nor any Subsidiary will create, incur, issue or assume any Debt secured by any Lien on any Principal Property now owned or hereafter acquired by the Company or any Restricted Subsidiary, and so long as that the Company or any Securities are Outstanding, the Issuer Subsidiary will not pledgecreate, mortgageincur, hypothecate issue or assume any Debt secured by any Lien on any shares of stock or Debt now existing or owed or hereafter created or acquired of any Restricted Subsidiary (such shares of stock or Debt of any Restricted Subsidiary being called "Restricted Securities") without in any such case effectively providing concurrently with the incurrence, creation, issuance or assumption of any such Debt or the grant a security interest inof any Lien with respect to any such Debt that the Notes (together with, or permit any mortgage, pledge, security interest or other lien uponif the Company shall so determine, any capital stock other Debt of any the Company or such Subsidiary now then existing or hereafter owned by thereafter created which is not subordinate to the Issuer to secure any Indebtedness Notes) shall be secured equally and ratably with (hereinafter defined)or prior to) such secured Debt, without making effective provisions whereby the Outstanding Securities shall (so long as such other Indebtedness secured Debt shall be so secured) be equally and ratably secured with any and all such other Indebtedness and any other indebtedness similarly entitled to be equally and ratably secured; provided. The foregoing restriction shall not, however, that this restriction shall not apply to nor prevent the creation or existence of (i) any mortgage, pledge, security interest, lien or encumbrance upon any such capital stock created at the time of the acquisition of such capital stock by the Issuer or within one year after such time to secure all or a portion of the purchase price for such capital stock or existing thereon at the time of the acquisition thereof by the Issuer (whether or not the obligations Debt secured thereby are assumed by the Issuer), or (ii) any extension, renewal or refunding of any mortgage, pledge, security interest, lien or encumbrance described in clause (i) above on capital stock of any Subsidiary theretofore subject thereto (or substantially the same capital stock) or any portion thereof.by:

Appears in 1 contract

Samples: Thomas & Betts Corp

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