Obligations of the Company Unconditional. Nothing contained in this Article X or elsewhere in this Indenture is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Debt, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Debt, nor shall anything herein or therein prevent any Holder or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article X, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.
Appears in 3 contracts
Samples: Indenture (Vertis Inc), Indenture (Vertis Inc), Indenture (Vertis Inc)
Obligations of the Company Unconditional. Nothing contained in this Article X Ten or elsewhere in this Indenture or in the Debentures is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Debt, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations Debentures as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Debt, nor shall anything herein or therein prevent the Holder of any Holder Debenture or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article X, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.
Appears in 2 contracts
Samples: Indenture (MTL Inc), Indenture (McMS Inc)
Obligations of the Company Unconditional. Nothing contained in this Article X 13 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Debt, Debt and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the any Senior Debt, nor shall anything herein or therein prevent any Holder the Holders or the Trustee on its their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article X, 13 of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.
Appears in 2 contracts
Samples: Indenture (Penske Automotive Group, Inc.), Indenture (United Nissan Inc / Tn)
Obligations of the Company Unconditional. Nothing contained in this Article X Eleven or elsewhere in this Indenture is intended to or shall impair, impair as among between the Company, its creditors other than the holders of Senior Debt, Company and the Holders, the obligation Obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations owing under the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Debt, nor shall anything herein or therein prevent any Holder or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XEleven, of the holders of Senior Debt in respect of cash, property Property or securities of the Company received upon the exercise of any such remedy.
Appears in 2 contracts
Obligations of the Company Unconditional. Nothing contained in this Article X 10 or elsewhere in this Indenture Agreement is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Debt, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations owing under the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Debt, nor shall anything herein or therein prevent any Holder or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this IndentureAgreement, subject to the rights, if any, under this Article X10, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Indenture (Ameristar Casinos Inc)
Obligations of the Company Unconditional. Nothing contained in this Article X Section 7 or elsewhere in this Indenture Agreement or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Debt, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Debt, nor shall anything herein or therein prevent any Holder or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this IndentureAgreement, subject to the rights, if any, under this Article X, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Purchase Agreement (Labtec Inc /Ma)
Obligations of the Company Unconditional. Nothing contained in this Article X Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior DebtLender, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior DebtLender, nor shall anything herein or therein prevent the Holder of any Holder Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, of the Lender under this Article X, of the holders of Senior Debt Ten in respect of cash, property or securities of the Company received upon the exercise of any such remedy, and further subject to the provisions of Section 10.10.
Appears in 1 contract
Samples: Indenture (National Vision Inc)
Obligations of the Company Unconditional. Nothing contained in this Article X Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Debt, Company and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Debt, nor shall anything herein or therein prevent the Trustee or any Holder or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XTen, of the holders of Senior Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy.such
Appears in 1 contract
Obligations of the Company Unconditional. Nothing contained in this Article X Eleven or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior DebtIndebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior DebtIndebtedness, nor shall anything herein or therein prevent the Holder of any Holder Security or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article X, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Indenture (Aearo CO I)
Obligations of the Company Unconditional. Nothing contained in this Article X IV or elsewhere in this Indenture or in any Note is intended to or shall impair, as among the Company, its creditors other than the holders of Senior DebtIndebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations Notes, as and when the same shall become due and payable in accordance with their termsthe terms of the Notes, or is intended to or shall affect the relative rights of the Holders and other creditors of the Company other than the holders of the Senior DebtIndebtedness, nor shall anything herein or therein prevent the Trustee or any Holder or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default the happening of an Event of Default under this Indenture, subject to the rights, if any, under provisions of Article VIII and this Article X, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedyIV.
Appears in 1 contract
Samples: Indenture (Kellstrom Industries Inc)