Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall: (1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth in Article 11; or (2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 4 contracts
Samples: Indenture (GSV Inc /Fl/), Indenture (Pathmark Stores Inc), Indenture (Diagnostic Pathology Management Services Inc)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, a Guarantor which is absolute and unconditional, to pay its Subsidiary Guaranty make payments with respect to the Guaranteed Obligations to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary a Guarantor under its Subsidiary Guarantyobligations with respect to the Guaranteed Obligations, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 4 contracts
Samples: Indenture (Volume Services America Holdings Inc), Indenture (Volume Services America Inc), Indenture (Volume Services America Holdings Inc)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and SecurityholdersSecurity holders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 3 contracts
Samples: Indenture (Cb Richard Ellis Services Inc), Indenture (Cb Richard Ellis Services Inc), Indenture (Koll Donald M)
Relative Rights. This Article 12 defines the relative ---------------- rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and SecurityholdersSecurity holders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 3 contracts
Samples: Indenture (Cbre Holding Inc), Indenture (Blum Capital Partners Lp), Indenture (Fs Equity Partners Iii Lp)
Relative Rights. This Article 12 defines the relative rights of Securityholders Noteholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and SecurityholdersNoteholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder Noteholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to SecurityholdersNoteholders.
Appears in 3 contracts
Samples: Indenture (Tabletop Holdings Inc), Indenture (Merisant Foreign Holdings I Inc), Indenture (Tabletop Holdings Inc)
Relative Rights. This Article 12 defines the relative rights of Securityholders Holders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and SecurityholdersHolders, the obligation of such Subsidiary Guarantor, a Guarantor which is absolute and unconditional, to pay its Subsidiary Guaranty make payments with respect to the Guaranteed Obligations to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder Holder from exercising its available remedies upon a default by such Subsidiary a Guarantor under its Subsidiary Guarantyobligations with respect to the Guaranteed Obligations, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to SecurityholdersHolders.
Appears in 3 contracts
Samples: Indenture (Otelco Inc.), Indenture (Otelco Telecommunications LLC), Indenture (Brindlee Mountain Telephone Co)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty the Indenture Obligations to the extent set forth in Article 1111 or the relevant Guaranty; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guarantythe Indenture Obligations, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 2 contracts
Samples: Indenture (Fairchild Semiconductor International Inc), Indenture (Intersil Corp)
Relative Rights. This Article 12 11 defines the relative rights of Securityholders Holders and holders of Guarantor Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and SecurityholdersHolders, the obligation of such Subsidiary Guarantor, a Guarantor which is absolute and unconditional, to pay its Subsidiary Guaranty make payments with respect to the Guaranteed Obligations to the extent set forth in Article 1110; or
(2) prevent the Trustee or any Securityholder Holder from exercising its available remedies upon a default by such Subsidiary a Guarantor under its Subsidiary Guarantyobligations with respect to the Guaranteed Obligations, subject to the rights of holders of Guarantor Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to SecurityholdersHolders.
Appears in 2 contracts
Samples: Indenture (American Seafoods Corp), Indenture (American Seafoods Corp)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such a Subsidiary Guarantor, which Guarantor that is absolute and unconditional, to pay its Subsidiary Guaranty Obligations to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such a Subsidiary Guarantor under its Subsidiary GuarantyObligations, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 2 contracts
Samples: Indenture (Argo Tech Corp), Indenture (Argo Tech Corp)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth in Article 1112; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.. 104
Appears in 2 contracts
Samples: Indenture (United Surgical Partners International Inc), Indenture (Medical Documenting Systems Inc)
Relative Rights. This Article 12 Eleven defines the relative rights of Securityholders Holders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and SecurityholdersHolders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth in Article 11Ten; or
(2) prevent the Trustee or any Securityholder Holder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to SecurityholdersHolders.
Appears in 1 contract
Samples: First Supplemental Indenture (Interline Brands, Inc./De)
Relative Rights. This Article 12 14 defines the relative rights of Securityholders Holders and holders of a Guarantor’s Senior Indebtedness of a Subsidiary GuarantorIndebtedness. Nothing in this Indenture shall:
(1i) impair, as between a Subsidiary such Guarantor and Securityholdersany Holder, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth Guarantee Obligations in Article 11accordance with their terms; or
(2ii) prevent the Trustee or any Securityholder Holder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary GuarantyDefault, subject to the rights of holders of a Guarantor’s Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to SecurityholdersHolders.
Appears in 1 contract
Samples: Indenture (Actuant Corp)
Relative Rights. This Article 12 14 defines the relative rights of Securityholders Holders and holders of a Guarantor's Senior Indebtedness of a Subsidiary GuarantorIndebtedness. Nothing in this Indenture shall:
(1i) impair, as between a Subsidiary such Guarantor and Securityholdersany Holder, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth Guarantee Obligations in Article 11accordance with their terms; or
(2ii) prevent the Trustee or any Securityholder Holder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary GuarantyDefault, subject to the rights of holders of a Guarantor's Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to SecurityholdersHolders.
Appears in 1 contract
Samples: Indenture (Actuant Corp)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary any Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive payments or distributions otherwise payable to SecurityholdersSecurityholders and such other rights of such holders as set forth herein.
Appears in 1 contract
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Securities Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Securities Guarantor and Securityholders, the obligation of such Subsidiary Securities Guarantor, which is absolute and unconditional, to pay its Subsidiary Securities Guaranty to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Securities Guarantor under its Subsidiary Securities Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Securities Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Samples: Indenture (Amis Holdings Inc)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a such Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty the Guaranteed Obligations to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary GuarantyGuarantee, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Samples: Indenture (Denbury Resources Inc)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness Debt of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1a) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, a Guarantor which is absolute and unconditional, to pay its Subsidiary Guaranty Obligations under its Security Guarantee to the extent set forth in Article 11; or;
(2b) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary a Guarantor under its Subsidiary GuarantyObligations under its Security Guarantee, subject to the rights of holders of Senior Indebtedness Debt of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders; or
(c) affect the relative rights of Securityholders and creditors of such Guarantor other than their rights in relation to the holders of Senior Debt.
Appears in 1 contract
Relative Rights. (a) This Article 12 11 defines the relative rights of Securityholders the Holders and holders of Senior Indebtedness Debt of a Subsidiary Guarantor. Nothing in this Senior Subordinated Indenture shall:
(1) impair, as between a Subsidiary Guarantor the Guarantors and Securityholdersthe Holders, the obligation of such Subsidiary Guarantorthe Guarantors, which is absolute and unconditional, to pay all obligations pursuant to its Subsidiary Guaranty to the extent set forth Guarantees in Article 11accordance with their terms; or
(2) prevent the Trustee or any Securityholder Holder from exercising its available remedies upon a default by such Subsidiary a Guarantor under its Subsidiary GuarantyObligations, subject to the rights of holders of Senior Indebtedness Debt of such Subsidiary Guarantor to receive distributions and payments otherwise payable to SecurityholdersHolders.
Appears in 1 contract
Samples: Indenture (VHS of Anaheim Inc)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty the Obligations to the extent set forth in Article 1111 or the relevant Subsidiary Guaranty; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guarantythe Obligations, subject sub ject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Samples: Indenture (MBS Multimode Inc)
Relative Rights. This Article 12 defines the relative ---------------- rights of Securityholders and holders of Senior Indebtedness Debt of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty the Obligations to the extent set forth in Article 1111 or the relevant Subsidiary Guaranty; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guarantythe Obligations, subject to the rights of holders of Senior Indebtedness Debt of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Relative Rights. This Article 12 XII defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, a Guarantor which is absolute and unconditional, to pay its Subsidiary Guaranty make payments with respect to the Guaranteed Obligations to the extent set forth in Article 11XI; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary a Guarantor under its Subsidiary Guarantyobligations with respect to the Guaranteed Obligations, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guaranty, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions or payments otherwise payable to Securityholders.
Appears in 1 contract
Relative Rights. This Article 12 defines the relative rights of Securityholders Holders and holders of Senior Indebtedness Debt of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and SecurityholdersHolders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty Guarantee to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder Holder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary GuarantyGuarantee, subject to the rights of holders of Senior Indebtedness Debt of such Subsidiary Guarantor to receive payments and distributions otherwise payable to SecurityholdersHolders.
Appears in 1 contract
Samples: Indenture (Spheris Leasing LLC)
Relative Rights. This Article 12 13 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty the Indenture Obligations to the extent set forth in Article 1111 or the relevant Guaranty; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guarantythe Indenture Obligations, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Samples: Indenture (Fairchild Semiconductor International Inc)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such a Subsidiary Guarantor, Guarantor which is absolute and unconditional, to pay its Subsidiary Guaranty Obligations to the extent set forth in Article 11; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such a Subsidiary Guarantor under its Subsidiary GuarantyObligations, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Samples: Indenture (Ta Operating Corp)
Relative Rights. This Article 12 11 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary the Guarantor and Securityholders, the obligation of such Subsidiary the Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty principal of and interest on the Securities pursuant to the extent set forth Rio Guarantee in Article 11accordance with their terms; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary GuarantyDefault, subject to the rights of holders of Senior Indebtedness of such Subsidiary Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Samples: Indenture (Rio Hotel & Casino Inc)
Relative Rights. This Article 12 defines the relative rights of Securityholders and holders of Senior Indebtedness of a Subsidiary Guarantor. Nothing in this Indenture shall:
(1) impair, as between a Subsidiary Guarantor and Securityholders, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay its Subsidiary Guaranty the Indenture Obligations to the extent set forth in Article 1111 or the relevant Guaranty; or
(2) prevent the Trustee or any Securityholder from exercising its available remedies upon a default by such Subsidiary Guarantor under its Subsidiary Guarantythe Indenture Obligations, subject to the rights of holders of Senior Indebtedness of such Subsidiary 92 Guarantor to receive distributions otherwise payable to Securityholders.
Appears in 1 contract
Samples: Indenture (FSC Semiconductor Corp)