Common use of Relative Rights Clause in Contracts

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 23 contracts

Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

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Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shallwill: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest and Liquidated Damages, if any, on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of of, premium or interest or Liquidated Damages, if any, on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 14 contracts

Samples: Indenture (Syniverse Technologies Inc), Indenture (Gardner Denver Inc), Indenture (Metaldyne Corp)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 11 contracts

Samples: Indenture (Northland Cable Television Inc), Indenture (SFX Broadcasting Inc), Indenture (Spanish Broadcasting System Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (ia) impair, as between the Company and Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium, if any, and interest on the Notes Securities in accordance with their terms; (iib) affect the relative rights of Holders of Notes and creditors of the Company other than their rights of Holders of the Securities in relation to holders of Senior Debt; or (iiic) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of NotesHolders. If the Company fails because of this Article 10 to pay principal of of, premium, if any, or interest on a Note Security on the due date, the failure is still a Default or Event of Default.

Appears in 9 contracts

Samples: Subordinated Debt Indenture (PRGX Global, Inc.), Subordinated Indenture (MULTI COLOR Corp), Subordinated Indenture (Meridian Bioscience Inc)

Relative Rights. This Article 10 Ten defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (ia) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (iib) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iiic) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 Ten to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 8 contracts

Samples: Indenture (Science Craftsman INC), Indenture (Esterline Technologies Corp), Indenture (O Charleys Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of the Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of the Notes, the obligation obligations of the Company, which is are absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of the Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of the Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of the Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 7 contracts

Samples: Supplemental Indenture (Century Parking Inc), Indenture (Jitney Jungle Stores of America Inc /Mi/), Indenture (Crew J Operating Corp)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shallwill: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest on and Special Interest, if any, on, the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of of, premium or interest on or Special Interest, if any, on, a Note on the due date, the failure is still a Default or Event of Default.

Appears in 6 contracts

Samples: Indenture (Emmis Operating Co), Indenture (Bell Powersports, Inc.), Indenture (Carmike Cinemas Inc)

Relative Rights. This Article 10 11 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 11 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 5 contracts

Samples: Indenture (L 3 Communications Holdings Inc), Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (Lone Star Technologies Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtIndebtedness. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtIndebtedness; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Indebtedness to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 4 contracts

Samples: Indenture (Argosy Gaming Co), Subordinated Indenture (Airgate PCS Inc /De/), Indenture (St Louis Gaming Co)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shallwill: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest and Special Interest, if any, on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of of, premium or interest or Special Interest, if any, on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 4 contracts

Samples: Indenture (Simmons Co /Ga/), Indenture (Payless Shoesource Inc /De/), Indenture (National Waterworks Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtDebt of the Company. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtDebt of the Company; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt of the Company to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Indenture (Holmes Products Corp), Indenture (Dyersburg Corp), Indenture (Holmes Products Corp)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (ia) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (iib) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iiic) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Indenture (Mail Well Inc), Indenture (Team Health Inc), Indenture (Rayovac Corp)

Relative Rights. (a) This Article 10 Ten defines the relative rights of Holders of Notes and holders of Senior DebtIndebtedness. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtIndebtedness; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Indebtedness to receive distributions and payments otherwise payable to Holders of Notes. Holders. (b) If the Company fails because of this Article 10 Ten to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Note Purchase Agreement (Signal Medical Services), Note Purchase Agreement (Jw Childs Equity Partners Ii Lp), Indenture (Renal Care Group Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtIndebtedness. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders holders of Notesnotes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtIndebtedness; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Indebtedness to receive distributions Distributions and payments Payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Indenture (Nextwave Personal Communications Inc), Indenture (Nextwave Personal Communications Inc), Indenture (Nextwave Personal Communications Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of the Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company Guarantors and Holders of the Notes, the obligation obligations of the CompanyGuarantors, which is are absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of the Notes and creditors of the Company Guarantors other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of the Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of the Notes. If the Company fails Guarantors fail because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Indenture (Diamond Brands Inc), Indenture (Diamond Brands Operating Corp), Indenture (Crew J Operating Corp)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtIndebtedness. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtIndebtedness; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Indebtedness to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 3 contracts

Samples: Credit Agreement (Vestar Sheridan Inc), Indenture (Jackson Products Inc), Indenture (Flo Fill Co Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest and Special Interest, if any, on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of of, premium or interest or Special Interest, if any, on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Johnson Polymer Inc), Indenture (Johnson Polymer Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtIndebtedness. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtIndebtedness; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Indebtedness to receive distributions and payments otherwise payable to Holders of NotesHolders. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Dresser-Rand Group Inc.), Indenture (Dresser-Rand Group Inc.)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (ia) impair, as between the Company and Holders of NotesNoteholders, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium, if any, and interest on the Notes in accordance with their terms; (iib) affect the relative rights of Holders of Notes Noteholders and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iiic) prevent the Trustee or any Holder of Notes Noteholder from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of of, premium, if any, or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtDebt of the Issuers. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest and Special Interest, if any, on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company Issuers other than their rights in relation to holders of Senior DebtDebt of the Issuers; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt of the Issuers to receive distributions and payments otherwise payable to Holders of NotesHolders. If the Company fails Issuers fail because of this Article 10 to pay principal of of, premium or interest or Special Interest, if any, on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Kraton Polymers LLC), Indenture (Biltmore Surgery Center Holdings Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of the Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company Issuers and Holders of the Notes, the obligation obligations of the CompanyIssuers, which is are absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of the Notes and creditors of the Company Issuers other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of the Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of the Notes. If the Company fails Issuers fail because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Foamex International Inc), Indenture (Foamex Capital Corp)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: : (ia) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; ; (iib) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or or (iiic) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Mail Well Inc)

Relative Rights. This Article 10 13 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shallwill: (i) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 13 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Lbi Media Holdings Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i) impair, as between the Company Issuers and Holders of Notes, the obligation of the CompanyIssuers, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company Issuers other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails Issuers fail because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (World Almanac Education Group Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall:: 101 (i) impair, as between the Company Trust and Holders of Notes, the obligation of the CompanyTrust, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company Trust other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company Trust fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Experience Management LLC)

Relative Rights. This Article 10 Twelve defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (ia) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (iib) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iiic) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 Twelve to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.. 104

Appears in 1 contract

Samples: Indenture (Ames True Temper, Inc.)

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Relative Rights. This Article 10 defines the relative --------------- rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (ia) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (iib) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iiic) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Just for Feet Specialty Stores Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i) impair, as between the Company Issuer and Holders of Notes, the obligation of the CompanyIssuer, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company Issuer other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company Issuer fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Radio One, Inc.)

Relative Rights. This Article 10 Ten defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture Agreement shall: (i) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 Ten to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Transmontaigne Inc)

Relative Rights. (a) This Article 10 defines the relative rights of Holders of Notes Lenders and holders of Senior Debt. Nothing in this Indenture Agreement shall: (i) impair, as between the Company Borrower and Holders of NotesLenders, the obligation obligations of the CompanyBorrower, which is are absolute and unconditional, to pay principal of and interest on the Notes Loans in accordance with their terms; (ii) affect the relative rights of Holders of Notes Lenders and creditors of the Company Borrower other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee Administrative Agent or any Holder of Notes Lender from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. Lenders. (b) If the Company Borrower fails because of this Article 10 to pay principal of or interest on a Note Loan on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shallwill: (i1) impair, as between the Company and Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest on and Additional Interest, if any, on, the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of NotesHolders. If the Company fails because of this Article 10 to pay principal of of, premium or interest on or Additional Interest, if any, on, a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (True Temper Sports PRC Holdings Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shallwill: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest of, interest, or premium, if any, on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of of, interest, or interest premium, if any, on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: First Supplemental Indenture (DRS Technologies Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtIndebtedness. Nothing in this Indenture shallwill: (i1) impair, as between the Company and Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest on and Additional Interest, if any, on, the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtIndebtedness; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Indebtedness to receive distributions and payments otherwise payable to Holders of NotesHolders. If the Company fails because of this Article 10 to pay principal of of, premium or interest on or Additional Interest, if any, on, a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Mueller Water Products, Inc.)

Relative Rights. This Article 10 Ten defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 Ten to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Carmike Cinemas Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and other creditors of the Company other than their the rights of Holders in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Oshkosh Truck Corp)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company Issuer and Holders of NotesHolders, the obligation of the CompanyIssuer, which is absolute and unconditional, to pay pay, when due, principal of of, premium, if any, and interest and Liquidated Damages, if any, on the Notes in accordance with their terms;in (ii2) affect the relative rights of Holders of Notes and creditors of the Company Issuer other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Debt, to receive distributions and payments otherwise payable to Holders of NotesHolders. If the Company Issuer fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Corporate Express Delivery Systems Air Division Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest on on, the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of of, premium or interest on on, a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Advanced Medical Optics Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest and Liquidated Damages, if any, on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still shall nevertheless be a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Clean Towel Service Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtIndebtedness of Holdings. Nothing in this Indenture shall: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtIndebtedness; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Indebtedness to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Amsc Acquisition Co Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior Debt. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Friendship Cable of Arkansas Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders Holders of Senior Debt. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Notes in accordance with their terms; (ii) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior Debt; or (iii) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of or interest on a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Office Depot Inc)

Relative Rights. This Article 10 defines the relative rights of Holders of Notes and holders of Senior DebtIndebtedness. Nothing in this Indenture shallwill: (i1) impair, as between the Company and Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay principal of of, premium and interest on on, the Notes in accordance with their terms; (ii2) affect the relative rights of Holders of Notes and creditors of the Company other than their rights in relation to holders of Senior DebtIndebtedness; or (iii3) prevent the Trustee or any Holder of Notes from exercising its available remedies upon a Default or Event of Default, subject to the rights of holders and owners of Senior Debt Indebtedness to receive distributions and payments otherwise payable to Holders of Notes. If the Company fails because of this Article 10 to pay principal of of, premium or interest on on, a Note on the due date, the failure is still a Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Polaner Inc)

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