Common use of Pari Passu Ranking Clause in Contracts

Pari Passu Ranking. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank pari passu, without preference or priority, with all other unsecured and unsubordinated indebtedness of the Company and senior to any Preferred Stock issued by the Company.

Appears in 8 contracts

Samples: Note Purchase Agreement (Tortoise Midstream Energy Fund, Inc.), Purchase Agreement (Tortoise Pipeline & Energy Fund, Inc.), Note Purchase Agreement (Tortoise MLP Fund, Inc.)

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Pari Passu Ranking. (a) The Company’s payment obligations of the Company under this Agreement and the Notes will, upon issuance rank at least pari passu in right of the Notes, rank pari passu, without preference or priority, payment with all other unsecured and unsubordinated indebtedness senior Indebtedness (actual or contingent) of the Company, including, without limitation, all unsecured senior Indebtedness of the Company and senior to any Preferred Stock issued by the Companydescribed in Schedule 5.15.

Appears in 7 contracts

Samples: Hawaiian Electric and Subsidiaries (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Industries Inc)

Pari Passu Ranking. (a) The Company’s payment Notes and all other obligations of the Company under this Agreement are and the Notes will, upon issuance at all times shall remain direct obligations of the Notes, rank Company ranking pari passu, without preference or priority, passu as against the assets of the Company with all other present and future unsecured and unsubordinated indebtedness senior Indebtedness (actual or contingent) of the Company and senior to any Preferred Stock issued by the Company.

Appears in 7 contracts

Samples: Hawaiian Electric and Subsidiaries (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Industries Inc)

Pari Passu Ranking. The Transferee Company’s payment 's obligations under this Agreement and the Notes will, upon issuance of the Notes, and the Note Purchase Agreement will rank at least pari passu, without preference or priority, priority with all other of the outstanding unsecured and unsubordinated indebtedness Debt of the Company and senior to any Preferred Stock issued by the Transferee Company.

Appears in 2 contracts

Samples: Note Purchase Agreement (Alliance Resource Partners Lp), Subsidiary Guaranty Agreement (Alliance Resource Partners Lp)

Pari Passu Ranking. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank pari passu, without preference or priority, with all other unsecured and unsubordinated indebtedness of the Company and senior to any Preferred Stock issued by the Company.. Tortoise MLP Fund, Inc. Note Purchase Agreement

Appears in 2 contracts

Samples: Note Purchase Agreement (Tortoise MLP Fund, Inc.), Tortoise MLP Fund, Inc.

Pari Passu Ranking. The Company’s payment 's obligations under the Notes and this Agreement and the Notes will, upon issuance of the Notes, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated indebtedness Debt of the Company and senior generally, but subject to the right of any Preferred Stock issued Person having secured or preferred rights, whether such rights arise by contract, statute, law (or the Companyoperation thereof) or otherwise.

Appears in 1 contract

Samples: Note Purchase Agreement (Borders Group Inc)

Pari Passu Ranking. The Company’s payment Company covenants that its obligations under and in respect of this Agreement and the Notes will, upon issuance do and will rank at least pari passu in right of the Notes, rank pari passu, without preference or priority, payment with all of its other present and future unsecured and unsubordinated indebtedness of the Company and senior to any Preferred Stock issued by the CompanyDebt.

Appears in 1 contract

Samples: Selective Insurance Group Inc

Pari Passu Ranking. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank pari passu, without preference or priority, with all other unsecured and unsubordinated indebtedness of the Company and senior to any Preferred Stock issued by the Company. Tortoise MLP Fund, Inc. Note Purchase Agreement Section 6. Representations of the Purchasers.

Appears in 1 contract

Samples: Note Purchase Agreement (Tortoise MLP Fund, Inc.)

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Pari Passu Ranking. The Company’s payment 's obligations under the Notes and this Agreement and the Notes will, upon issuance of the Notes, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated indebtedness Indebtedness of the Company and senior generally, but subject to the right of any Preferred Stock issued Person having secured or preferred rights, whether such rights arise by contract, statute, law (or the Companyoperation thereof) or otherwise.

Appears in 1 contract

Samples: Note Purchase Agreement (Tecumseh Products Co)

Pari Passu Ranking. The Company’s payment obligations of the Company under this Agreement and the Notes will, upon issuance rank at least pari passu in right of the Notes, rank pari passupayment, without preference or priority, with all of its other outstanding unsubordinated unsecured and unsubordinated indebtedness Indebtedness of the Company and senior to any Preferred Stock issued by the Company.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Ecolab Inc)

Pari Passu Ranking. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank pari passu, without preference or priority, with all other unsecured and unsubordinated indebtedness of the Company and senior to any Preferred Stock issued by the Company.. Tortoise Energy Infrastructure Corporation Note Purchase Agreement

Appears in 1 contract

Samples: Tortoise Energy Infrastructure Corp

Pari Passu Ranking. The Company’s Company will ensure that its payment obligations under this Agreement and the Notes will, upon issuance of the Notes, and the payment obligations of each Note Guarantor under its Note Guaranty, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated indebtedness Debt of the Company and senior to any Preferred Stock issued by the Companysuch Note Guarantor, as applicable.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Safehold Inc.)

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