Common use of Notice by Company Clause in Contracts

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 71 contracts

Samples: Indenture (Asbury Automotive Group Inc), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

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Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 45 contracts

Samples: Indenture (Isle of Capri Casinos Inc), Indenture (Innophos Investment Holdings, Inc.), Indenture (Tercentenary Holdings, Corp.)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10Article.

Appears in 27 contracts

Samples: Subordinated Debt Indenture (PRGX Global, Inc.), Subordinated Indenture (MULTI COLOR Corp), Subordinated Indenture (Meridian Bioscience Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Company to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10Article.

Appears in 14 contracts

Samples: Indenture (Aspirity Holdings LLC), Indenture (Multiband Corp), Indenture (Twin Cities Power Holdings, LLC)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10Article.

Appears in 14 contracts

Samples: Indenture (Forcenergy Inc), Indenture (Hydrochem International Inc), Indenture (Forcenergy Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 13 contracts

Samples: Indenture (Pacific Aerospace & Electronics Inc), Indenture (Formica Corp), Indenture (Noveon Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to that violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Thirteen.

Appears in 12 contracts

Samples: Indenture (Alliance Imaging Inc /De/), Indenture (Alliance Imaging Inc /De/), Indenture (E&s Holdings Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Convertible Subordinated Notes or the purchase of any Convertible Subordinated Notes by the Company to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Convertible Subordinated Notes to the Senior Debt as provided in this Article 10Article.

Appears in 7 contracts

Samples: Indenture (School Specialty Inc), Indenture (Vlsi Technology Inc), Indenture (Praegitzer Industries Trust I)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10X, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.X.

Appears in 6 contracts

Samples: Indenture (Victory Finance Inc), Indenture (Newcor Inc), Indenture (Tesoro Alaska Co)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes or the purchase of any Notes by the Company to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Article.

Appears in 6 contracts

Samples: Indenture (P Com Inc), Indenture (Midcom Communications Inc), Indenture (Agere Systems Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Article.

Appears in 6 contracts

Samples: Indenture (Gfsi Inc), Indenture (Laroche Industries Inc), Indenture (Cke Restaurants Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Convertible Notes or the purchase of any Convertible Notes by the Company to violate this Article 10XI, but failure to give such notice shall not affect the subordination of the Convertible Notes to the Senior Debt as provided in this Article 10XI.

Appears in 6 contracts

Samples: Indenture (LTX-Credence Corp), Indenture (Credence Systems Corp), Indenture (LTX-Credence Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt of the Company as provided in this Article 10.

Appears in 5 contracts

Samples: Indenture (BRP (Luxembourg) 4 S.a.r.l.), Indenture (Pca Valdosta Corp), Indenture (Dominos Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Company to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10Article.

Appears in 5 contracts

Samples: Indenture (GWG Holdings, Inc.), Indenture (GWG Life, LLC), Indenture (GWG Life, LLC)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent paying agent in writing of any facts known to the Company that would cause a payment of any Obligations principal or interest with respect to the Notes to violate this Article 10XV, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10XV.

Appears in 5 contracts

Samples: Indenture (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Indenture (Penn Treaty American Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 5 contracts

Samples: Indenture (Southwest General Hospital Lp), Indenture (Advance Paradigm Inc), Indenture (Team Health Inc)

Notice by Company. The Company shall promptly notify in writing the Trustee and the any Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Debt Securities to violate this Article 10XVII, but failure to give such notice shall not affect the subordination of the Notes Debt Securities to the Senior Debt as Indebtedness provided in this Article 10XVII.

Appears in 5 contracts

Samples: Subordinated Indenture (Reinsurance Group of America Inc), Junior Subordinated Indenture (Reinsurance Group of America Inc), Junior Subordinated Indenture (Rga Capital Trust Ii)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 5 contracts

Samples: Indenture (Decisionone Corp /De), Credit Agreement (Massic Tool Mold & Die Inc), Indenture (Decisionone Corp /De)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes Securities or the purchase of any Securities by the Company to violate this Article 109, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 109.

Appears in 5 contracts

Samples: Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent paying agent of any facts known to the Company that would cause a payment of any Obligations principal or interest with respect to the Notes to violate this Article 10XV, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10XV.

Appears in 5 contracts

Samples: Indenture (Adaptec Inc), Indenture (Rac Financial Group Inc), Indenture (Computer Network Technology Corp)

Notice by Company. The Company shall promptly notify the Trustee Trustee, holders of Senior Indebtedness and the Paying Agent of any facts known to the Company that would cause a payment of any Senior Subordinated Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 4 contracts

Samples: Subordinated Indenture (Airgate PCS Inc /De/), Indenture (St Louis Gaming Co), Subordinated Indenture (Airgate PCS Inc /De/)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Ten, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10Ten.

Appears in 4 contracts

Samples: Indenture (Medianews Group Inc), Indenture (Garden State Newspapers Inc), Indenture (Garden State Newspapers Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes Securities or the purchase of any Securities by the Company to violate this Article 1014, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt Indebtedness as provided in this Article 1014.

Appears in 4 contracts

Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10XI, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10XI.

Appears in 4 contracts

Samples: Indenture (Neenah Foundry Co), Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Debentures to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Debentures to the Senior Debt as provided in this Article 10.

Appears in 4 contracts

Samples: Indenture (Greyhound Lines Inc), Indenture (Standard Motor Products Inc), Exchange Indenture (Crown Castle International Corp)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Radio One, Inc.), Indenture (Polaner Inc), Indenture (Mueller Holdings (N.A.), Inc.)

Notice by Company. The Company shall promptly notify in writing the Trustee and the any Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 1012, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as Indebtedness provided in this Article 1012.

Appears in 3 contracts

Samples: Indenture (Federal Mogul Corp), Subordinated Indenture (Conseco Financing Trust X), Subordinated Indenture (Conseco Inc Et Al)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to principal of, premium, if any, interest or Liquidated Damages, if any, on the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Vail Resorts Inc), Indenture (Village at Breckenridge Acquisition Corp Inc), Indenture (GHTV Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt of the Company as provided in this Article 10Article.

Appears in 3 contracts

Samples: Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt of the Company as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Dominos Pizza Government Services Division Inc), Indenture (Timco Engine Center Inc), Indenture (Dyersburg Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Ten, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10Ten.

Appears in 3 contracts

Samples: Indenture (Carmike Cinemas Inc), Indenture (Emmis 105 5 Fm Radio License Corp of Terre Haute), Indenture (Transmontaigne Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to an Officer of the Company that would cause a payment of any Obligations with respect to the Notes or of any Claim to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes and all Claims to the Senior Debt as provided in this Article 10Article.

Appears in 3 contracts

Samples: Indenture (United Community Banks Inc), Indenture (Caraustar Industries Inc), Indenture (United Community Banks Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment Payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Nextwave Personal Communications Inc), Indenture (Nextwave Personal Communications Inc), Indenture (Nextwave Personal Communications Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 1011, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 1011.

Appears in 3 contracts

Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Ail Technologies Inc), Indenture (NCS of Illinois Inc)

Notice by Company. The Company shall promptly notify the Senior Subordinated Note Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Senior Subordinated Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Senior Subordinated Notes to the Senior Debt as provided in this Article 10.

Appears in 3 contracts

Samples: Senior Subordinated Note Indenture (Ball Corp), Senior Subordinated Note Indenture (P&l Coal Holdings Corp), Amended and Restated Senior Subordinated Note Indenture (Ball Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10XII, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10XII.

Appears in 3 contracts

Samples: Indenture (Mmi Products Inc), Indenture (Mmi Products Inc), Indenture (Neenah Foundry Co)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt or the rights of holders of Senior Debt as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Spanish Broadcasting System of Puerto Rico Inc /Pr/), Indenture (Spanish Broadcasting System Inc), Indenture (Spanish Broadcasting System Inc)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes or Guaranties to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes and the Guaranties to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Casino One Corp), Indenture (Pinnacle Entertainment Inc)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article [10], but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt as provided in this Article [10].

Appears in 2 contracts

Samples: Note Purchase Agreement (Teleflex Inc), Note Purchase Agreement (Teleflex Inc)

Notice by Company. The Company shall promptly notify in writing the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Pacific Aerospace & Electronics Inc), Indenture (Pacific Aerospace & Electronics Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior and Senior Subordinated Debt as provided in this Article 10Article.

Appears in 2 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Infinity Inc), Indenture (Infinity Inc)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Nutra Sales Corp), Indenture (General Nutrition Companies Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the principal of or interest on Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness of the Company provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness or Guarantor Senior Indebtedness, as applicable, as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Steel Heddle International Inc), Indenture (Precision Engine Products Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Subordinated Note Obligations to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Subordinated Note Obligations to the Senior Debt Indebtedness of the Company as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes or the Subsidiary Guarantees to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes or the Subsidiary Guarantees to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Johnson Polymer Inc), Indenture (Johnson Polymer Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the principal of or interest on Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness provided in this Article 10Article.

Appears in 2 contracts

Samples: Indenture (Appalachian Realty Co), Indenture (Nci Building Systems Inc)

Notice by Company. The Company shall promptly notify in writing the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Salton Maxim Housewares Inc), Indenture (Blount International Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company it that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt of the Company as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Holmes Products Corp), Indenture (Holmes Products Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment in respect of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Kraton Polymers LLC), Indenture (Biltmore Surgery Center Holdings Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10X, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.X.

Appears in 2 contracts

Samples: Indenture (Inex Corp), Indenture (Iae Inc)

Notice by Company. The Company shall promptly notify the Trustee and any Paying Agent by an appropriate Officers' Certificate of the Company delivered to a Trust Officer and the Paying Agent of any facts known to the Company that would cause a payment under the 1997 Notes of any Obligations with respect to principal of or interest on the 1997 Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the 1997 Notes to the Senior Debt as Indebtedness provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Stater Bros Holdings Inc), Indenture (Stater Bros Holdings Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt of the Company as provided in this Article 10Article.

Appears in 2 contracts

Samples: Subordinated Indenture (Iron Mountain Inc/Pa), Subordinated Indenture (Iron Mountain Inc/Pa)

Notice by Company. The Company shall promptly notify the Trustee and any Paying Agent by an appropriate Officers' Certificate of the Company delivered to a Trust Officer and the Paying Agent of any facts known to the Company that would cause a payment under the Notes of any Obligations with respect to principal of or interest or Liquidated Damages, if any, on the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Station Casinos Inc), Indenture (Station Casinos Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to that violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Thirteen. SECTION 1307.

Appears in 2 contracts

Samples: Indenture (Paragon Health Network Inc), Indenture (Details Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Eight, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness or the rights of holders of Senior Indebtedness as provided in this Article 10Eight.

Appears in 2 contracts

Samples: Supplemental Indenture (Entercom Radio LLC), First Supplemental Indenture (Entercom Communications Corp)

Notice by Company. The Company shall promptly notify ----------------- the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Just for Feet Specialty Stores Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the principal of or interest on Notes to violate this Article 109, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as of the Company provided in this Article 109. In addition, the Company must promptly notify holders of Guarantor Senior Debt if payment of the Notes is accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Us Oncology Inc)

Notice by Company. The Company shall promptly notify a Responsible Officer of the Trustee and a Responsible Officer of the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Key Energy Group Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the President, the Chief Executive Officer or the Vice President, Finance and Administration of the Company that would cause a payment of any Obligations with respect to the Notes or of any Claim to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes and all Claims to the Senior Debt as provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Printpack Inc)

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Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to an Officer of the Company that would cause a payment of any Obligations with respect to the Notes any Subsidiary Guarantee or of any Claim to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Notes, the Subsidiary Guarantees and all Claims to the Senior Debt as provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Caraustar Industries Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company or Holdings that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Desa Holdings Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment upon or in respect of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Duane Reade Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to principal of, premium, if any, or interest on the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Baker J Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (KSL Recreation Group Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1011, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 1011.

Appears in 1 contract

Samples: Indenture (Lone Star Technologies Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Orbital Imaging Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 1012, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 1012.

Appears in 1 contract

Samples: Subordinated Indenture (SFX Broadcasting Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Subordinated Note Obligations to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Subordinated Note Obligations to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Von Hoffmann Holdings Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent (if other than the Trustee) in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1013, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 1013.

Appears in 1 contract

Samples: Indenture (Colliers International Group Inc.)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Company to violate this Article 10(and the Company shall furnish a copy of such notice to the holders of the Senior Debt and their representatives), but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Winmark Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1012, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 1012.

Appears in 1 contract

Samples: Indenture (Apparel Retailers Inc)

Notice by Company. The Company shall will promptly notify a Responsible Officer of the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment or distribution of any Obligations with respect to the Notes to or by the Trustee or Paying Agent to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Mueller Water Products, Inc.)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 109, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 109.

Appears in 1 contract

Samples: Indenture (Bissell Inc)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1013, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt as provided in this Article 1013.

Appears in 1 contract

Samples: Indenture (Lbi Media Holdings Inc)

Notice by Company. The Company shall promptly notify the Subordinated Debenture Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Vegeterian Times Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness of the Company as provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Cpi Holding Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Fourteen, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Fourteen.

Appears in 1 contract

Samples: Indenture (Liberty Group Management Services Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Senior Subordinated Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Senior Subordinated Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Key Plastics Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to principal of, premium, if any, interest or Additional Interest, if any, on the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to that violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Fourteen.

Appears in 1 contract

Samples: Indenture (Accuride Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes Securities to violate this Article 10Twelve, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt Indebtedness as provided in this Article 10Twelve.

Appears in 1 contract

Samples: Subordinated Indenture (Magna Entertainment Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to materially violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture Agreement (Uk Abba Products Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1010 or the Intercreditor Agreement, but failure to give such notice shall not affect the subordination of the Notes and the Note Guarantees to the Senior Debt Indebtedness as provided in this Article 1010 or the Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (Assisted Living Concepts Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such written notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Penn National Gaming Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Senior Subordinated Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Senior Subordinated Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (JCS Realty Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Credit Agreement (Panther Transport Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes and the Note Guarantees to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Assisted Living Concepts Inc)

Notice by Company. The Company shall promptly notify the Trustee at the Corporate Trust Office and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Viskase Companies Inc)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Debentures to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes Debentures to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Dynegy Inc /Il/)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Exchange Debentures to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Exchange Debentures to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Panamsat International Systems Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 1013, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 1013.

Appears in 1 contract

Samples: Indenture (Concentric Network Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes or the purchase of any Notes by the Company to violate this Article 1015, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 1015.

Appears in 1 contract

Samples: Indenture (GLG Partners, Inc.)

Notice by Company. The Company shall promptly notify in ----------------- writing the Trustee and the any Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 1012, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as Indebtedness provided in this Article 1012.

Appears in 1 contract

Samples: Subordinated Indenture (Acterna Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent paying agent in writing of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article 1015, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 1015.

Appears in 1 contract

Samples: Indenture (Standard Management Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Article.

Appears in 1 contract

Samples: Subordinated Indenture (Inamed Corp)

Notice by Company. The Company shall promptly notify in writing the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10X, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.X.

Appears in 1 contract

Samples: Indenture (Salton Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1011, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 1011.

Appears in 1 contract

Samples: Indenture (Rayovac Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate Violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.. 176 155

Appears in 1 contract

Samples: Credit Agreement (Vestar Sheridan Inc)

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