Common use of No Senior Subordinated Debt Clause in Contracts

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (i) the Company shall not directly or indirectly incur any Indebtedness that is subordinate or junior in right of payment to any Senior Debt and senior in any respect in right of payment to the Notes and (ii) no Guarantor shall incur any Indebtedness that is subordinated or junior in right of payment to any Guarantees of Senior Debt and senior in any respect in right of payment to the Subsidiary Guarantees.

Appears in 6 contracts

Samples: Indenture (SFX Broadcasting Inc), Indenture (Spanish Broadcasting System Inc), Indenture (SFX Entertainment Inc)

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No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (i) the The Company shall not directly incur, create, issue, assume, guarantee or indirectly incur otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of the Company and senior in any respect in right of payment to the Notes and (ii) no Notes. No Guarantor shall incur incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinated subordinate or junior in right of payment to any Guarantees of the Senior Debt of such Guarantor and senior in any respect in right of payment to the such Guarantor's Subsidiary GuaranteesGuarantee.

Appears in 5 contracts

Samples: Indenture (Carmike Cinemas Inc), Indenture (Southridge Plaza Holdings Inc), Indenture (Southwest General Hospital Lp)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereofThe Company will not incur, (i) the Company shall not directly create, issue, assume, guarantee or indirectly incur otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of the Company and senior in any respect in right of payment to the Notes and (ii) no Notes. No Guarantor shall incur will incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinated subordinate or junior in right of payment to any Guarantees of the Senior Debt of such Guarantor and senior in any respect in right of payment to the Subsidiary Guaranteessuch Guarantor's Note Guarantee.

Appears in 4 contracts

Samples: Indenture (Cole National Corp /De/), Indenture (Om Group Inc), Indenture (National Waterworks Inc)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 any other provision hereof, (i) the Company shall not incur, create, issue, assume, guarantee or otherwise become liable directly or indirectly incur for any Indebtedness that is contractually subordinate or junior in right of payment to any Senior Debt of the Company and senior in any respect in right of payment to the Notes and (ii) no Guarantor shall incur any Securities. Indebtedness that is subordinated not "contractually subordinate or junior in right junior" to other Indebtedness for purposes of payment to any Guarantees of Senior Debt and senior in any respect in right of payment to this covenant solely because the Subsidiary Guaranteesother Indebtedness is secured.

Appears in 3 contracts

Samples: Senior Subordinated Indenture (Kulicke & Soffa Industries Inc), Senior Subordinated Indenture (Pennsylvania Real Estate Investment Trust), Senior Subordinated Indenture (Harleysville Group Inc)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (i) the The Company shall not directly incur, issue, assume, guarantee or indirectly incur otherwise become liable for any Indebtedness that is senior in right of payment to the Notes and subordinate or junior in right of payment to any Senior Debt other Indebtedness of the Company, and no Guarantor shall incur, issue, assume, guarantee or otherwise become liable for any Indebtedness that is senior in any respect in right of payment to the Guarantee by such Guarantor of the Notes and (ii) no Guarantor shall incur any Indebtedness that is subordinated subordinate or junior in right of payment to any Guarantees other Indebtedness of Senior Debt and senior in any respect in right of payment to the Subsidiary GuaranteesGuarantor.

Appears in 2 contracts

Samples: Indenture (Capstar Hotel Co), Indenture (Meristar Hospitality Corp)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (ia) the The Company shall not directly or indirectly incur any Indebtedness that is subordinate or junior in right of payment to any Senior Debt and senior in any respect in right of payment to the Notes and Notes. (iib) no No Guarantor shall incur any Indebtedness that is subordinated subordinate or junior in right of payment to any Guarantees of Senior Debt of such Guarantor and senior in any respect in right of payment to the any Subsidiary GuaranteesGuarantee.

Appears in 2 contracts

Samples: Indenture (Katz Media Group Inc), Indenture (Chancellor Media Corp of Los Angeles)

No Senior Subordinated Debt. Notwithstanding The Company and the provisions of Section 4.09 hereof, (i) the Company Guarantors shall not directly or indirectly incur any Indebtedness that that, pursuant to its terms, is subordinate or junior in right of payment to any Senior Debt Indebtedness or any Permitted Indebtedness described in Section 4.09(b)(iv) and senior in any respect in right of payment to the Notes and (ii) no Guarantor or the Note Guarantees; provided that the foregoing limitation shall incur any Indebtedness that is subordinated or junior in right of payment not apply to any Guarantees distinctions between categories of Senior Debt and senior Indebtedness of the Company or a Guarantor that exist by reason of any Liens or Guarantees arising or created in any respect in right of payment to the Subsidiary Guaranteessome but not all such Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Ubiquitel Inc)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (i) the Company and its Restricted Subsidiaries shall not directly incur, create, issue, assume, guarantee or indirectly incur otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt and senior in any respect in right of payment to the Notes and (ii) no Guarantor shall incur any Indebtedness that is subordinated or junior in right of payment to any Guarantees of Senior Debt and senior in any respect in right of payment to the Subsidiary GuaranteesNotes.

Appears in 1 contract

Samples: Indenture (All American Communications Inc)

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No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (i) the Company shall not directly incur, create, issue, assume, guarantee or indirectly incur otherwise become liable for any Indebtedness Debt that is subordinate or junior in right of payment to any Senior Debt and senior in any respect in right of payment to the Notes and (ii) no Guarantor shall incur any Indebtedness that is subordinated or junior in right of payment to any Guarantees of Senior Debt and senior in any respect in right of payment to the Subsidiary GuaranteesNotes.

Appears in 1 contract

Samples: Indenture (Flextronics International LTD)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (i) the Company shall not directly incur, create, issue, assume, guarantee or indirectly incur otherwise become liable for any Indebtedness Debt that is subordinate or junior in right of payment to any Senior Debt and senior in any respect in right of payment to the Notes Notes, and (ii) no Guarantor shall incur incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness Debt that is subordinated subordinate or junior in right of payment to any Guarantees of Senior Debt of such Guarantor and senior in any respect in right of payment to the Subsidiary Note Guarantees.

Appears in 1 contract

Samples: Indenture Agreement (Uk Abba Products Inc)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (i) the Company shall not directly incur, create, issue, assume, guarantee or indirectly incur otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of the Company and senior in ranking in any respect in right of payment to the Notes Notes, and (ii) no Guarantor shall incur incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinated or junior in right of payment to any Guarantees of the Senior Debt of such Guarantor and senior in ranking in any respect in right of payment to the Subsidiary Note Guarantees.

Appears in 1 contract

Samples: Indenture (Macdermid Inc)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, hereof (i) the Company shall not directly incur, create, issue, assume, guarantee or indirectly incur any Indebtedness that is subordinate or junior in right of payment to any Senior Debt and senior in any respect in right of payment to the Notes and (ii) no Guarantor shall incur otherwise become liable for any Indebtedness that is subordinated or junior in right of payment to any Guarantees Senior Debt of the Company and senior in any respect in right of payment to the Notes, and (ii) the Company will not permit any Guarantor to incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinated or junior in right of payment to its Senior Debt and senior in any respect in right of payment to the Subsidiary Guaranteesits Guarantee.

Appears in 1 contract

Samples: Indenture (Rayovac Corp)

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