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 incur, create, issue, assume, Guarantee or 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 Subsidiary Guarantor shall incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of any Subsidiary Guarantor and senior in any respect in right of payment to the Note Guarantees.

Appears in 3 contracts

Samples: Indenture (Sealy Corp), Indenture (Microclock Inc), Indenture (Sealy Corp)

AutoNDA by SimpleDocs

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 guarantee or otherwise become liable directly or indirectly for any Indebtedness (including Acquired 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 Subsidiary Guarantor shall incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness (including Acquired Debt) that is subordinate or junior in right of payment to any Senior Debt of any Subsidiary a Guarantor and senior in any respect in right of payment to the Note Subsidiary Guarantees.

Appears in 2 contracts

Samples: Indenture (B&g Foods Inc), Indenture (RWBV Acquisition Corp)

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

Appears in 2 contracts

Samples: Indenture (Tennessee Woolen Mills Inc), Indenture (Pillowtex Corp)

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

Appears in 1 contract

Samples: Indenture (Interep National Radio Sales Inc)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (i) the Company shall not incur, create, issue, assume, Guarantee guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of 52 59 payment to any Senior Debt of the Company and senior in any respect in right of payment to the Notes, Notes and (ii) no Subsidiary Guarantor shall incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of any Subsidiary such Guarantor and senior in any respect in right of payment to the such Guarantor's Note GuaranteesGuarantee.

Appears in 1 contract

Samples: Indenture (Wci Communities Inc)

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

Appears in 1 contract

Samples: Indenture (JCS Realty Corp)

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

Appears in 1 contract

Samples: Indenture (Unwired Telecom Corp)

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, (ia) the Company shall not incur, create, issue, assume, Guarantee guarantee or 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 (iib) no Subsidiary Guarantor shall incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of any Subsidiary such Guarantor and senior in any respect in right of payment to the Note Guarantees. The foregoing limitation shall not apply to distinctions between items of Senior Debt that exist by reason of any Liens, Guarantees, maturity of payments or structural seniority.

Appears in 1 contract

Samples: Indenture (Amkor Technology Inc)

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

Appears in 1 contract

Samples: Indenture (Timco Engine Center Inc)

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

Appears in 1 contract

Samples: Indenture (Appleton Papers Inc/Wi)

AutoNDA by SimpleDocs

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

Appears in 1 contract

Samples: Indenture (Iae Inc)

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

Appears in 1 contract

Samples: Indenture (Sycamore Park Convalescent Hospital)

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

Appears in 1 contract

Samples: Senior Subordinated Note Indenture (P&l Coal Holdings Corp)

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

Appears in 1 contract

Samples: Indenture (Pacific Environmental Group Inc /Pa)

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

Appears in 1 contract

Samples: Indenture (Luiginos Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!