Notice by the 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, which notice shall specifically refer to 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.
Appears in 11 contracts
Samples: Indenture (Musicland Group Inc /De), Indenture (Laralev Inc), Indenture (Albecca Inc)
Notice by the 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, which notice shall specifically refer to this Article 1011, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this ArticleArticle 11.
Appears in 9 contracts
Samples: Indenture (Veeco Instruments Inc), Indenture (Regeneron Pharmaceuticals Inc), Indenture (Profit Recovery Group International Inc)
Notice by the 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, which notice shall specifically refer to 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 ArticleArticle Ten.
Appears in 9 contracts
Samples: Indenture (Salant Corp), Indenture (Science Craftsman INC), Indenture (Esterline Technologies Corp)
Notice by the 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, which notice shall specifically refer to this Article 1013, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this ArticleArticle 13.
Appears in 8 contracts
Samples: Indenture (Belden Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)
Notice by the 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 obligations in respect to of the Notes Securities to violate this Article, which notice shall specifically refer to 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.
Appears in 5 contracts
Samples: Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp)
Notice by the 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, which notice shall specifically refer to 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.
Appears in 5 contracts
Samples: Indenture (Cinemark Inc), Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx)
Notice by the 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 Subsidiary Guarantees to violate this Article, which notice shall specifically refer to this Article 10Twelve, but failure to give such notice shall not affect the subordination of the Notes Subsidiary Guarantees to the Senior Debt as provided in this ArticleArticle Twelve.
Appears in 5 contracts
Samples: Indenture (Salant Corp), Indenture (Science Craftsman INC), Indenture (Esterline Technologies Corp)
Notice by the 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 obligations with respect to the Notes Subsidiary Guarantees to violate this Article, which notice shall specifically refer to this Article 10Eighteen, but failure to give such notice shall not affect the subordination of the Notes Subsidiary Guarantees to the Senior Debt Indebtedness as provided in this ArticleArticle Eighteen.
Appears in 4 contracts
Samples: Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC), Indenture (Salant Corp)
Notice by the 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, which notice shall specifically refer to this Article 1013, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt senior indebtedness as provided in this ArticleArticle 13.
Appears in 3 contracts
Samples: Indenture (Bell Microproducts Inc), Indenture (Mgi Pharma Inc), Indenture (Bell Microproducts Inc)
Notice by the 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, which notice shall specifically refer to this Article 10Twelve, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this ArticleArticle Twelve.
Appears in 3 contracts
Samples: Indenture (Moog Inc), Indenture (Ames True Temper, Inc.), Indenture (Solo Texas, LLC)
Notice by the 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, which notice shall specifically refer to 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.
Appears in 3 contracts
Samples: Indenture (Supermarket Cigarette Sales Inc), Indenture (National Equipment Services Inc), Indenture (MST Enterprises Inc)
Notice by the 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, which notice shall specifically refer to this Article 10Ten, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this ArticleArticle Ten.
Appears in 3 contracts
Samples: Note Purchase Agreement (Signal Medical Services), Note Purchase Agreement (Jw Childs Equity Partners Ii Lp), Indenture (Renal Care Group Inc)
Notice by the 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, which notice shall specifically refer to this Article 10XI, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this ArticleArticle XI.
Appears in 2 contracts
Samples: Indenture (Triumph Group Inc /), Indenture (Alliance One International, Inc.)
Notice by the 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, which notice shall specifically refer to this Article 1011, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this ArticleArticle 11.
Appears in 2 contracts
Samples: Indenture (Asyst Technologies Inc /Ca/), Indenture (Resmed Inc)
Notice by the 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, which notice shall specifically refer to this Article 1011, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this ArticleArticle 11.
Appears in 2 contracts
Samples: Indenture (Ubiquitel Inc), Indenture (Planet Hollywood International Inc)
Notice by the 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, which notice shall specifically refer to 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 ArticleArticle 10.
Appears in 2 contracts
Samples: Indenture (Dresser-Rand Group Inc.), Indenture (Dresser-Rand Group Inc.)
Notice by the 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, which notice shall specifically refer to this Article 1013, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt Indebtedness as provided in this ArticleArticle 13.
Appears in 2 contracts
Samples: First Supplemental Indenture (Veeco Instruments Inc), Indenture (Thoratec Corp)
Notice by the 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, which notice shall specifically refer to this Article 10XIII, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this ArticleArticle XIII.
Appears in 2 contracts
Samples: Supplemental Indenture (M I Homes Inc), Supplemental Indenture (M I Homes Inc)
Notice by the 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 of any Obligations with respect to principal of or interest on the Notes to violate this Article, which notice shall specifically refer to this Article 10Ten, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness provided in this ArticleArticle Ten.
Appears in 2 contracts
Samples: Indenture (Aztar Corp), Indenture (Aztar Corp)
Notice by the 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, which notice shall specifically refer to 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.
Appears in 2 contracts
Samples: Indenture (Capstar Hotel Co), Indenture (Meristar Hospitality Corp)
Notice by the 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, which notice shall specifically refer to this Article 10Thirteen, 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 ArticleArticle Thirteen.
Appears in 1 contract
Notice by the 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, which notice shall specifically refer to 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 ArticleArticle 10.
Appears in 1 contract
Samples: Indenture (Rayovac Corp)
Notice by the 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, which notice shall specifically refer to this Article 1011, 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.
Appears in 1 contract
Samples: Indenture (Petsmart Inc)
Notice by the 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, which notice shall specifically refer to this Article 10, 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.
Appears in 1 contract
Notice by the Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company them that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article, which notice shall specifically refer to 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.
Appears in 1 contract
Samples: Indenture (Galaxy Cable Inc)
Notice by the 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 Subordinated Debt to violate this Article, which notice shall specifically refer to this Article 10Ten, but failure to give such notice shall not affect the subordination of the Notes Subordinated Debt to the Senior Debt as provided in this ArticleArticle Ten.
Appears in 1 contract
Notice by the 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 of any Obligations with respect to principal of or interest on the Notes to violate this Article, which notice shall specifically refer to this Article 10Ten, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness provided in this ArticleArticle Ten. SECTION 1006.
Appears in 1 contract
Samples: Indenture (Aztar Corp)
Notice by the 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, which notice shall specifically refer to 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.
Appears in 1 contract
Samples: Indenture (Advance Auto Parts Inc)
Notice by the Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a any payment of any Obligations with respect to the Notes to violate this Article, which notice shall specifically refer to this Article 1010A, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article.Article 10A.
Appears in 1 contract
Samples: Indenture (Horseshoe Gaming LLC)
Notice by the 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 Guarantees of the Notes to violate this Article, which notice shall specifically refer to this Article 10Eleven, but failure to give such notice shall not affect the subordination of the Notes or the Guarantees of the Notes to the Senior Debt Indebtedness as provided in this ArticleArticles Ten and Eleven.
Appears in 1 contract
Samples: Indenture (Dutchess County Cellular Telephone Co Inc)
Notice by the 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 guarantees to violate this Article, which notice shall specifically refer to this Article 1011, but failure to give such notice shall not affect the subordination of the Notes or the guarantees to the Senior Debt as provided in this ArticleArticles 10 and 11.
Appears in 1 contract
Samples: Indenture (Medvest Holdings Corp)
Notice by the 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, which notice shall specifically refer to this Article 10Twelve, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this ArticleArticle Twelve. The Company shall promptly notify holders of its Senior Debt if payment of the Notes is accelerated because of an Event of Default.
Appears in 1 contract
Samples: Indenture (Hexacomb CORP)
Notice by the 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, which notice shall specifically refer to this Article 1011, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt Indebtedness as provided in this ArticleArticle 11.
Appears in 1 contract
Samples: Indenture (Open Solutions Inc)
Notice by the Company. The Company shall will promptly notify the Trustee Trustee, the Paying Agent and the Paying Conversion 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, which notice shall specifically refer to this Article 1011, but failure to give send such notice shall will not affect the subordination of the Notes to the Designated Senior Debt Indebtedness as provided in this ArticleArticle 11.
Appears in 1 contract
Samples: Indenture (Farfetch LTD)
Notice by the 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 Securities to violate this Article, which notice shall specifically refer to 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.
Appears in 1 contract
Samples: Credit Agreement (Chattem Inc)
Notice by the 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, which notice shall specifically refer to 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 ArticleArticle 10.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)
Notice by the 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, which notice shall specifically refer to 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.
Appears in 1 contract
Samples: Indenture (K&f Industries Inc)
Notice by the 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 or interest on the Notes to violate this Article, which notice shall specifically refer to 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 ArticleArticle 10. Nothing in this Article 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07.
Appears in 1 contract
