Restrictions on Secured Debt. a) The Company shall not, and shall not permit any Restricted Subsidiary to, issue, assume or guarantee any Indebtedness secured by any mortgage, security interest, pledge, lien or other encumbrance (herein referred to as a “Mortgage” or “Mortgages”) upon any Operating Property of the Company or any Restricted Subsidiary, whether such Operating Property is now owned or hereafter acquired, without in any such case effectively providing concurrently with the issuance, assumption or guarantee of any such Indebtedness that the Notes (together with, if the Company shall so determine, any other Indebtedness ranking equally with the Notes other than debt securities not having the benefit of this provision) shall be secured equally and ratably with such Indebtedness, except that the foregoing restrictions shall not apply to:
Appears in 6 contracts
Samples: Third Supplemental Indenture (TJX Companies Inc /De/), First Supplemental Indenture (TJX Companies Inc /De/), Fourth Supplemental Indenture (TJX Companies Inc /De/)
Restrictions on Secured Debt. a) The Company shall not, and shall not permit any Restricted Subsidiary to, to issue, assume or guarantee any Indebtedness secured by any mortgage, security interest, pledge, lien or other encumbrance (herein referred to as a “Mortgage” or “Mortgages”) upon any Operating Property of the Company or any Restricted Subsidiary, whether such Operating Property is now owned or hereafter acquired, without in any such case effectively providing concurrently with the issuance, assumption or guarantee of any such Indebtedness that the Notes (together with, if the Company shall so determine, any other Indebtedness ranking equally with the Notes other than debt securities Securities not having the benefit of this provisionSection 4.01) shall be secured equally and ratably with such Indebtedness, except that the foregoing restrictions shall not apply to:
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (TJX Companies Inc /De/), TJX Companies Inc /De/
Restrictions on Secured Debt. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, to issue, assume or guarantee any Indebtedness secured by any mortgage, security interest, pledge, lien or other encumbrance (herein referred to as a “Mortgage” or “Mortgages”) upon any Operating Property or Operating Assets of the Company or any Restricted Subsidiary, whether such Operating Property or Operating Asset is now owned or hereafter acquired, without in any such case effectively providing concurrently with the issuance, assumption or guarantee of any such Indebtedness that the Notes (together with, if the Company shall so determine, any other Indebtedness ranking equally with the Notes other than debt securities Securities not having the benefit of this provisionSection 4.1) shall be secured equally and ratably with such Indebtedness, except that the foregoing restrictions shall not apply to:
Appears in 2 contracts
Samples: TJX Companies Inc /De/, TJX Companies Inc /De/
Restrictions on Secured Debt. a) The Company shall not, and shall not permit any Restricted Subsidiary to, to issue, assume or guarantee any Indebtedness secured by any mortgage, security interest, pledge, lien or other encumbrance (herein referred to as a “Mortgage” or “Mortgages”) upon any Operating Property of the Company or any Restricted Subsidiary, whether such Operating Property is now owned or hereafter acquired, without in any such case effectively providing concurrently with the issuance, assumption or guarantee of any such Indebtedness that the Notes (together with, if the Company shall so determine, any other Indebtedness ranking equally with the Notes other than debt securities not having the benefit of this provision) shall be secured equally and ratably with such Indebtedness, except that the foregoing restrictions shall not apply to:
Appears in 1 contract
Samples: First Supplemental Indenture (TJX Companies Inc /De/)