Ranking of Obligations. 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 mandatorily redeemable Preferred Stock issued by the Company.
Appears in 20 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Note Purchase Agreement
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, shall at all times rank pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 15 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Note Purchase Agreement
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 15 contracts
Samples: Note Purchase Agreement (Toro Co), Private Shelf Agreement (Henry Schein Inc), Master Note Purchase Agreement (Henry Schein Inc)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, shall at all times rank pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company indebtedness and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 9 contracts
Samples: Purchase Agreement (Tortoise Pipeline & Energy Fund, Inc.), Note Purchase Agreement (Tortoise MLP Fund, Inc.), Note Purchase Agreement (Tortoise MLP Fund, Inc.)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes and of the Parent Guarantor under this Agreement will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Companysuch Obligor.
Appears in 4 contracts
Samples: 2018 Note Agreement (Colliers International Group Inc.), Note Purchase Agreement (Colliers International Group Inc.), Note Purchase Agreement (Colliers International Group Inc.)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to Company, except for any mandatorily redeemable Preferred Stock issued such Indebtedness preferred by the Companyoperation of law.
Appears in 3 contracts
Samples: Assumption Agreement (Agnico Eagle Mines LTD), Assumption Agreement (Agnico Eagle Mines LTD), Assumption Agreement (Agnico Eagle Mines LTD)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or of priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 3 contracts
Samples: Note Purchase Agreement (Cabot Oil & Gas Corp), Note Purchase Agreement (Cabot Oil & Gas Corp), Note Purchase Agreement (Cabot Oil & Gas Corp)
Ranking of Obligations. The Company’s Company will ensure that its payment obligations under this Agreement and the Notes will, upon issuance of the Notes, will at 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 mandatorily redeemable Preferred Stock issued by the Company.
Appears in 3 contracts
Samples: Note Purchase Agreement (Cabot Oil & Gas Corp), Note Purchase Agreement (Cabot Oil & Gas Corp), Note Purchase Agreement (Cabot Oil & Gas Corp)
Ranking of Obligations. The Company’s payment obligations under pursuant to the Notes and this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all of its other outstanding unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the CompanyIndebtedness.
Appears in 3 contracts
Samples: Note Purchase Agreement (Oaktree Capital Group, LLC), Note Purchase Agreement (Oaktree Capital Group, LLC), Note Purchase Agreement (Oaktree Capital Group, LLC)
Ranking of Obligations. The Company’s payment obligations of the Company under this Agreement and the Notes will, upon issuance of the Notes, will rank at least pari passu, without preference or priority, with all other senior unsecured and unsubordinated Indebtedness indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 3 contracts
Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, shall at all times rank pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.. Xxxxx Xxxxxxxx MLP Investment Company Note Purchase Agreement
Appears in 3 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Kayne Anderson MLP Investment CO), Note Purchase Agreement (Kayne Anderson MLP Investment CO)
Ranking of Obligations. (a) The Company’s Company will ensure that its payment obligations under this Agreement and the Notes will, upon issuance will at all times rank at least pari passu in right of the Notes, rank pari passupayment, without preference or prioritypriority in respect to such right of payment, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 2 contracts
Samples: Guaranty Agreement (Patterson Uti Energy Inc), Guaranty Agreement (Patterson Uti Energy Inc)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, shall at all times rank pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 2 contracts
Samples: Agency Agreement (Kayne Anderson Energy Total Return Fund, Inc.), Highland Credit Strategies Fund
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, shall at all times rank pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.. Xxxxx Xxxxxxxx Midstream/Energy Fund, Inc. Note Purchase Agreement
Appears in 2 contracts
Samples: Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)
Ranking of Obligations. The Company’s 's payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued Company, except for Indebtedness preferred by the Companyoperation of law.
Appears in 2 contracts
Samples: www.sec.gov, Note Purchase Agreement (Yamana Gold Inc.)
Ranking of Obligations. 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 mandatorily redeemable Preferred Stock issued by the Company.
Appears in 2 contracts
Samples: Agency Agreement (Kayne Anderson Energy Total Return Fund, Inc.), Highland Credit Strategies Fund
Ranking of Obligations. (a) The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passupassu in right of payment, without preference or priorityof priority in respect to such right of payment, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 2 contracts
Samples: Guaranty Agreement (Patterson Uti Energy Inc), Guaranty Agreement (Patterson Uti Energy Inc)
Ranking of Obligations. The Company’s payment Notes and all other obligations under this Agreement and of the Notes Company will, upon issuance of the Notes, rank at least pari passu, without preference or priority, passu in right of payment with all other present and future unsecured and unsubordinated Indebtedness Debt (actual or contingent) of the Company and senior which is not expressed to be subordinate or junior in rank to any mandatorily redeemable Preferred Stock issued by other unsecured Debt of the Company.
Appears in 2 contracts
Samples: Note Purchase Agreement (STERIS PLC), Note Purchase Agreement (STERIS PLC)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other senior unsecured and unsubordinated Indebtedness (actual or contingent) of the Company and senior to any (except for claims, if any, mandatorily redeemable Preferred Stock issued preferred by law, such as claims by customers for the Companyreturn of utility deposits).
Appears in 2 contracts
Samples: Note Purchase Agreement (Alabama Gas Corp), Note Purchase Agreement (Alabama Gas Corp)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.. Waste Connections, Inc. Note Purchase Agreement
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Waste Connections, Inc.), Master Note Purchase Agreement (Waste Connections, Inc.)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued Company, except for Indebtedness preferred by the Companyoperation of law.
Appears in 2 contracts
Samples: Guarantee Agreement (Yamana Gold Inc), Yamana Gold (Yamana Gold Inc)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Series 2010-A Notes will, upon issuance of the Series 2010-A Notes, rank pari passupassu in right of payment, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Arch Chemicals Inc), Master Note Purchase Agreement (Arch Chemicals Inc)
Ranking of Obligations. The Company’s Company will ensure that its payment obligations under this Agreement and the Notes will, upon issuance of the Notes, will at times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior Company, and, except with respect to any mandatorily redeemable Preferred Stock issued by the CompanyMaterial Credit Facilities, without giving effect to guarantees.
Appears in 1 contract
Ranking of Obligations. The Company’s payment obligations of the Company under this Agreement and the Notes will, upon issuance of the Notes, will rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 1 contract
Samples: Notes Purchase Agreement (China Shen Zhou Mining & Resources, Inc.)
Ranking of Obligations. The Company’s 's payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to Company, except for any mandatorily redeemable Preferred Stock issued such Indebtedness preferred by the Companyoperation of law.
Appears in 1 contract
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Financial Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 1 contract
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, shall at all times rank pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company indebtedness and senior to any mandatorily redeemable Preferred Stock issued by the Company.. Xxxxxxxx Xxxxxx Infrastructure Corporation Note Purchase Agreement
Appears in 1 contract
Samples: Tortoise Energy Infrastructure Corp
Ranking of Obligations. The Company’s payment obligations under this Agreement Agreement, the Notes and the Notes other Financing Documents to which the Company is a party will, upon issuance of the Notes, rank at least pari passu, without preference or priority, passu with all other unsecured and unsubordinated Indebtedness of the Company Company, with the exception of any obligations which are mandatorily preferred by Law and senior to any mandatorily redeemable Preferred Stock issued not by the Companycontract.
Appears in 1 contract
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.Company.20
Appears in 1 contract
Samples: www.aciclaw.org
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior Company, and, except with respect to any mandatorily redeemable Preferred Stock issued by the CompanyMaterial Credit Facilities, without giving effect to guarantees.
Appears in 1 contract
Ranking of Obligations. 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 its obligations under the Bank Facility, the Note Agreement (2007) and the Note Agreement (2008-A), and with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.the
Appears in 1 contract
Ranking of Obligations. The Company’s payment obligations of the Company under this Agreement and the Notes will, upon issuance of the Notes, will rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 1 contract
Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Initial Notes will, upon issuance of the Initial Notes, rank pari passupassu in right of payment, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 1 contract
Samples: Master Note Purchase Agreement (Hawaiian Electric Industries Inc)
Ranking of Obligations. 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 (other than mandatorily redeemable Preferred Stock issued by the CompanyStock).
Appears in 1 contract
Samples: Agency Agreement (Kayne Anderson Energy Total Return Fund, Inc.)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the 2010 Notes will, upon issuance of the 2010 Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 1 contract
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, shall at all times rank pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any (other than mandatorily redeemable Preferred Stock issued by Stock) of the Company.. Xxxxx Xxxxxxxx Energy Total Return Fund, Inc. Note Purchase Agreement
Appears in 1 contract
Samples: Agency Agreement (Kayne Anderson Energy Total Return Fund, Inc.)
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, shall at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 1 contract
Samples: AG Twin Brook Capital Income Fund
Ranking of Obligations. The Company’s payment obligations under this Agreement and the Notes will, upon issuance of the Notes, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness Indebtedness7 of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 1 contract
Samples: Note Purchase Agreement
Ranking of Obligations. The Company’s Company will ensure that its payment obligations under this Agreement and the Notes will, upon issuance of the Notes, will at times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company and senior to any mandatorily redeemable Preferred Stock issued by the Company.
Appears in 1 contract