Prohibition on Incurrence of Senior Subordinated Debt. The Company will not incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Notes and subordinate in right of payment to any other Indebtedness of the Company.
Appears in 6 contracts
Samples: Indenture (Huntsman Petrochemical Finance Co), Amended And (Huntsman Petrochemical Finance Co), Tioxide Americas Inc
Prohibition on Incurrence of Senior Subordinated Debt. The Company will and the Guarantors shall not incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Notes Securities or the Guarantees, as the case may be, and subordinate in right of payment by its terms to any other Indebtedness of the CompanyCompany or such Guarantor, as the case may be.
Appears in 5 contracts
Samples: Pacer Express Inc, Alliance Imaging of Central Georgia Inc, Quality Distribution Inc
Prohibition on Incurrence of Senior Subordinated Debt. The Company will shall not incur incur, create, issue, assume or suffer to exist otherwise become liable for any Indebtedness that by its terms is subordinate or junior in right of payment to any Senior Indebtedness of the Company and senior in any respect in right of payment to the Notes and subordinate in right of payment to any other Indebtedness of the CompanyNotes.
Appears in 4 contracts
Samples: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)
Prohibition on Incurrence of Senior Subordinated Debt. The Company will not incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Notes and subordinate in right of payment to any other Indebtedness Senior Debt of the Company. The Guarantors will not incur or suffer to exist Indebtedness that is senior in right of payment to any Guarantee and subordinate in right of payment to any Guarantor Senior Debt.
Appears in 4 contracts
Samples: Registration Rights Agreement (Management Solutins Inc/), Management Solutins Inc/, Tokheim Corp
Prohibition on Incurrence of Senior Subordinated Debt. The Company will not shall not, directly or indirectly, incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Notes and subordinate in right of payment to any other Indebtedness of the Company.
Appears in 1 contract
Samples: Info Usa
Prohibition on Incurrence of Senior Subordinated Debt. The Company will not not, directly or indirectly, incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Notes and subordinate in right of payment to any other Indebtedness of the Company. No Guarantor shall, directly or indirectly, 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 Guarantor.
Appears in 1 contract
Prohibition on Incurrence of Senior Subordinated Debt. The Company will shall not incur or suffer to exist Indebtedness any indebtedness that by its terms is senior in right of payment to the Notes and subordinate in right of payment to any other Indebtedness of the Company.
Appears in 1 contract
Prohibition on Incurrence of Senior Subordinated Debt. The Company will shall not incur or suffer to exist Indebtedness any indebtedness that by its terms is senior in right of payment to the Notes Securities and subordinate subordinated in right of the payment to any other Indebtedness indebtedness of the Company.
Appears in 1 contract
Samples: Geotek Communications Inc
Prohibition on Incurrence of Senior Subordinated Debt. The Company will shall not 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 Notes and expressly subordinate in right of payment to any other Indebtedness of the Company.
Appears in 1 contract
Samples: Indenture (LNR Property Corp)
Prohibition on Incurrence of Senior Subordinated Debt. The Company will shall not 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 Notes Securities and expressly subordinate in right of payment to any other Indebtedness of the Company.
Appears in 1 contract
Prohibition on Incurrence of Senior Subordinated Debt. The Company will not incur or suffer to exist Indebtedness that by its terms is both senior in right of payment to the Notes and subordinate in right of payment to any other Indebtedness of the Company.
Appears in 1 contract
Samples: Indenture (GPPW Inc)
Prohibition on Incurrence of Senior Subordinated Debt. The Without prejudice to the provisions of Section 4.16, the Company will shall not incur or suffer to exist Indebtedness that by its terms is senior in right of payment to the Senior Notes and subordinate in right of payment to any other Indebtedness of the Company.
Appears in 1 contract
Samples: Custody and Security Agreement (Superior Financial Corp /Ar/)