Common use of Covenant to Secure Notes Equally Clause in Contracts

Covenant to Secure Notes Equally. The Company covenants that if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.4 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.

Appears in 2 contracts

Samples: Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc)

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Covenant to Secure Notes Equally. The Company covenants that if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.4 paragraph 6D (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 12C), it will make or cause to be made effective provision satisfactory in form and substance to the Required Holder(s) (including, without limitation, opinions of counsel relating thereto) whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness Debt thereby secured so long as any such other Indebtedness Debt shall be so secured; . Securing the Notes as provided that the creation and maintenance of such equal and ratable Lien in this paragraph 5D shall not in permit the existence of any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.Lien not permitted by paragraph 6D.

Appears in 2 contracts

Samples: Note Purchase Agreement (American Biltrite Inc), American Biltrite Inc

Covenant to Secure Notes Equally. The Each of the Parent and the Company covenants that if it the Parent, the Company or any other Subsidiary of the Parent shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.4 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness Debt thereby secured so long as any such other Indebtedness Debt shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6C.

Appears in 2 contracts

Samples: Note Purchase Agreement (Kapstone Paper & Packaging Corp), Note Purchase Agreement (Kapstone Paper & Packaging Corp)

Covenant to Secure Notes Equally. The Company covenants that that, if it or any Material Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.4 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6C.

Appears in 1 contract

Samples: Note Agreement (Advanced Drainage Systems, Inc.)

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Covenant to Secure Notes Equally. The Company covenants that that, if it or any Subsidiary other Transaction Party shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.4 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6C.

Appears in 1 contract

Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.)

Covenant to Secure Notes Equally. The Company covenants that that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.4 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.paragraph 6C.

Appears in 1 contract

Samples: Guaranty Agreement (Spartan Motors Inc)

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