Common use of Prohibition on Incurrence of Senior Subordinated Debt Clause in Contracts

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall not permit any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist Indebtedness that is senior in right of payment to the Securities or such Guarantor's Guarantee, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.

Appears in 5 contracts

Samples: Covenants (Encompass Services Corp), Building One Services Corp, Building One Services Corp

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Prohibition on Incurrence of Senior Subordinated Debt. The Company shall Parent will not, and shall will not cause or permit the Company or any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist Indebtedness that is senior in right of payment to the Securities or such Guarantor's ’s Guarantee, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.

Appears in 4 contracts

Samples: Indenture (Asap Software Express Inc), Indenture (Moore Labels Inc), Indenture (Buhrmann Nederland B.V.)

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall not permit any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist Indebtedness that is senior in right of payment to the Securities Notes or such Guarantor's Guarantee, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.

Appears in 3 contracts

Samples: Manitowoc Co Inc, Hanger Orthopedic Group Inc, Manitowoc Co Inc

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall will not permit any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist any Indebtedness that is senior in right of payment to the Securities or such Guarantor's Guarantee, as the case may be, Notes and subordinate in right of payment to any other Indebtedness of the Company. The Company will not cause or permit any Subsidiary Guarantor to incur or suffer to exist any Indebtedness (including any guarantee) that is senior in right of payment to the Guarantee of such Subsidiary Guarantor and subordinate in right of payment to any other Indebtedness (including any other guarantee) of such Subsidiary Guarantor, as the case may be.

Appears in 3 contracts

Samples: Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Supplemental Indenture (Del Monte Foods Co)

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall not permit any Restricted Subsidiary that is a Guarantor to, incur Incur or suffer to exist Indebtedness that is senior in right of payment to the Securities Notes or such said Guarantor's ’s Guarantee, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.

Appears in 2 contracts

Samples: Indenture (Broadwing Inc), Indenture (Broadwing Communications Inc)

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall not permit any Restricted Subsidiary of the Company that is a Subsidiary Guarantor to, incur or suffer to exist Indebtedness that is senior in right of payment to the Securities Notes or such Subsidiary Guarantor's Subsidiary Guarantee, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Subsidiary Guarantor, as the case may be.

Appears in 2 contracts

Samples: Seminis Inc, Seminis Inc

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall not permit any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist Indebtedness that is senior in right of payment to the Securities Notes or such Guarantor's Guarantee’s guarantee thereof, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.

Appears in 1 contract

Samples: Purchase Agreement (Ruths Chris Steak House, Inc.)

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall will not, and shall will not permit any Restricted Subsidiary that is a Guarantor to, directly or indirectly incur or suffer to exist any Indebtedness that is by its terms would rank senior in right of payment to the Securities Notes or such Guarantor's any Guarantee, as the case may be, and would rank subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.

Appears in 1 contract

Samples: Indenture (Ameristar Casinos Inc)

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall will not permit any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist any Indebtedness that is senior in right of payment to the Securities or such Guarantor's Guarantee, as the case may be, Notes and subordinate in right of payment to any other Indebtedness of the Company. The Company will not cause or permit any Restricted Subsidiary which is a Guarantor to incur or suffer to exist any Indebtedness (including any guarantee) that is senior in right of payment to the Guarantee of such Guarantor and subordinate in right of payment to any other Indebtedness (including any other guarantee) of such Guarantor, as the case may be.

Appears in 1 contract

Samples: Indenture (Del Monte Foods Co)

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall not permit any Restricted Subsidiary that is a Guarantor to, incur Incur or suffer to exist Indebtedness that is senior in right of payment to the Securities or such Guarantor's Guarantee, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.

Appears in 1 contract

Samples: Indenture (Avado Brands Inc)

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Prohibition on Incurrence of Senior Subordinated Debt. The Company shall will not, and shall will not permit any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist Indebtedness that by its terms (or by the terms of any agreement governing such Indebtedness) is senior in right of payment to the Securities or such Guarantor's Guarantee, as the case may be, Notes and subordinate in right of payment to any other Indebtedness of the Company or such Subsidiary Guarantor, as the case may be.

Appears in 1 contract

Samples: Safety Components Fabric Technologies Inc

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall will not, and shall will not permit any Restricted Subsidiary Sub- sidiary that is a Guarantor to, incur or suffer to exist Indebtedness that is senior in right of payment to the Securities Notes or such Guarantor's Guarantee, as the case may berespectively, and subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.respectively. Section 5.08

Appears in 1 contract

Samples: Hollywood Entertainment Corp

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, will not and shall will not cause or permit any Restricted Subsidiary that is a Guarantor to, to incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Securities Notes or such Guarantor's Guaranteethe Guarantees, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Subsidiary Guarantor, as the case may be.

Appears in 1 contract

Samples: Armstrong Containers Inc

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall will not permit any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Securities or such Guarantor's Guarantee, as the case may be, Notes and subordinate in right of payment to any other Indebtedness of the Company Company. No Subsidiary Guarantor shall incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Guarantees and subordinate in right of payment to any other Indebtedness of such Subsidiary Guarantor, as the case may be.

Appears in 1 contract

Samples: Sickinger Co

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall will not, and shall will not permit any Restricted Subsidiary that is a Guarantor to, incur or suffer to exist Indebtedness that by its terms (or by the terms of any agreement governing such Indebtedness) is senior in right of payment to the Securities Notes or such Guarantor's its Guarantee, as the case may be, and expressly subordinate in right of payment to any other Indebtedness of the Company or such Subsidiary Guarantor, as the case may be.

Appears in 1 contract

Samples: Atc Group Services Inc /De/

Prohibition on Incurrence of Senior Subordinated Debt. The Company shall not, and shall not permit any Restricted Subsidiary that is a Guarantor to, incur Incur or suffer to exist Indebtedness that is senior in right of payment to the Securities Notes or such said Guarantor's Guarantee, as the case may be, and subordinate in right of payment to any other Indebtedness of the Company or such Guarantor, as the case may be.

Appears in 1 contract

Samples: Indenture (Veterinary Centers of America Inc)

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