Common use of Ranking of Guarantee Clause in Contracts

Ranking of Guarantee. The Guarantor covenants and agrees, and each Holder of a Note by his acceptance thereof likewise covenants and agrees, that the Guarantee will be an unsecured senior obligation of the Guarantor ranking pari passu in right of payment with all other existing and future Senior Debt of the Company and senior in right of payment to any future Debt of the Guarantor that is expressly subordinated to Senior Debt of the Company. The Guarantee, however, will be effectively subordinated to secured Senior Debt of the Company with respect to any assets of the Guarantor securing such Debt.

Appears in 3 contracts

Samples: Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc)

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Ranking of Guarantee. The Guarantor covenants and agrees, and each Holder of a an Additional Note by his acceptance thereof likewise covenants and agrees, that the Guarantee will be an unsecured senior obligation of the Guarantor ranking pari passu in right of payment with all other existing and future Senior Debt of the Company and senior in right of payment to any future Debt of the Guarantor that is expressly subordinated to Senior Debt of the Company. The Guarantee, however, will be effectively subordinated to secured Senior Debt of the Company with respect to any assets of the Guarantor securing such Debt.

Appears in 3 contracts

Samples: Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc), First Supplemental Indenture (Tembec Industries Inc)

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