Common use of Trust Moneys Not Subordinated Clause in Contracts

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 of the Indenture shall not be subordinated to the prior payment of any Senior Indebtedness of the Parent Guarantor or subject to the restrictions set forth in this Article II, and none of the Holders shall be obligated to pay over any such amount to the Issuer, the Parent Guarantor or any holder of Senior Indebtedness of the Parent Guarantor or any other creditor of the Parent Guarantor; provided that the subordination provisions of this Article II were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 hereof, as the case may be.

Appears in 3 contracts

Samples: Supplemental Indenture (Realogy Corp), Realogy Corp, Realogy Corp

AutoNDA by SimpleDocs

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 of the Indenture 12 hereof shall not be subordinated to the prior payment of any Designated Senior Indebtedness Claim of the Parent Note Guarantor or subject to the restrictions set forth in this Article II11, and none of the Holders shall be obligated to pay over any such amount to the Issuer, the Parent Note Guarantor or any holder of any Designated Senior Indebtedness Claim of the Parent Note Guarantor or any other creditor of the Parent Note Guarantor; , provided that that, the subordination provisions of this Article II 11 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 12 hereof, as the case may be.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Centrus Energy Corp), Security Agreement (United States Enrichment Corp), Usec Inc

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 of the Indenture hereof shall not be subordinated to the prior payment of any Senior Indebtedness of the Parent any Guarantor or subject to the restrictions set forth in this Article II12, and none of the Holders shall be obligated to pay over any such amount to the Issuer, the Parent such Guarantor or any holder of Senior Indebtedness of the Parent such Guarantor or any other creditor of the Parent such Guarantor; , provided that the subordination provisions of this Article II 12 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 hereof, as the case may be.

Appears in 3 contracts

Samples: Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Indenture (Avago Technologies LTD)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 of the Indenture Eight hereof shall not be subordinated to the prior payment of any Senior Indebtedness of the Parent any Guarantor or subject to the restrictions set forth in this Article IITwelve, and none of the Holders shall be obligated to pay over any such amount to the Issuer, the Parent such Guarantor or any holder of Senior Indebtedness of the Parent such Guarantor or any other creditor of the Parent such Guarantor; , provided that the subordination provisions of this Article II Twelve were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 hereof, as the case may beEight.

Appears in 2 contracts

Samples: Interline (Interline Brands, Inc./De), Universal City Travel Partners

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust by the Trustee for the payment of principal of and interest on the Notes Securities pursuant to Article 8 or Article 13 of the Indenture hereof shall not be subordinated to the prior payment of any Designated Senior Indebtedness of the Parent guaranteed by any Guarantor or subject to the restrictions set forth in this Article II13, and none of the Holders shall be obligated to pay over any such amount to the Issuer, the Parent such Guarantor or any holder of Designated Senior Indebtedness of the Parent guaranteed by such Guarantor or any other creditor of the Parent such Guarantor; , provided that the subordination provisions of this Article II 13 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 hereof, as the case may be.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Boart Longyear Suisse Sarl), Fourth Supplemental Indenture (Boart Longyear LTD)

AutoNDA by SimpleDocs

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal (including any accretion) of and interest on the Notes pursuant to Article 8 or Article 13 of the Indenture 12 hereof shall not be subordinated to the prior payment of any Designated Senior Indebtedness of the Parent any Guarantor or subject to the restrictions set forth in this Article II11, and none of the Holders shall be obligated to pay over any such amount to the Issuer, the Parent such Guarantor or any holder of Designated Senior Indebtedness of the Parent such Guarantor or any other creditor of the Parent such Guarantor; provided provided, that the subordination provisions of this Article II 11 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 12 hereof, as the case may be, and such deposit was otherwise made in accordance with Article 8 or Article 12 hereof.

Appears in 2 contracts

Samples: Indenture (Clear Channel Communications Inc), Indenture (C C Media Holdings Inc)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 of the Indenture 11 hereof shall not be subordinated to the prior payment of any Senior Indebtedness Debt of the Parent any Guarantor or subject to the restrictions set forth in this Article II13, and none of the Holders shall be obligated to pay over any such amount to the Issuer, the Parent such Guarantor or any holder of Senior Indebtedness Debt of the Parent such Guarantor or any other creditor of the Parent such Guarantor; , provided that the subordination provisions of this Article II 13 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 11 hereof, as the case may be.

Appears in 1 contract

Samples: Indenture (Cinemark Usa Inc /Tx)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal (including any accretion) of and interest on the Notes pursuant to Article 8 or Article 13 of the Indenture 12 hereof shall not be subordinated to the prior payment of any Designated Senior Indebtedness of the Parent any Guarantor or subject to the restrictions set forth in this Article II11, and none of the Holders shall be obligated to pay over any such amount to the Issuer, the Parent such Guarantor or any holder of Designated Senior Indebtedness of the Parent such Guarantor or any other creditor of the Parent such Guarantor; provided , that the subordination provisions of this Article II 11 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 12 hereof, as the case may be, and such deposit was otherwise made in accordance with Article 8 or Article 12 hereof.

Appears in 1 contract

Samples: Indenture (CC Media Holdings Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!