Common use of Equal and Ratable Security Clause in Contracts

Equal and Ratable Security. This Agreement is intended solely to comply with the provisions of the Existing Indebtedness Agreements to secure the unpaid Secured Obligations arising thereunder, equally and ratably with the Secured Obligations arising under the Guarantee and Agreement. To the extent that the rights and benefits herein conferred on the Secured Holders or the Representative under any Existing Indebtedness Agreement exceed the rights and benefits required so to be conferred by such provisions of such Existing Indebtedness Agreement, such rights and benefits shall be limited so as to provide to such Secured Holders and such Representative only those rights and benefits that are required by such provisions of such Existing Indebtedness Agreement. Any and all rights not herein expressly given to the Representatives under any Existing Indebtedness Agreement are expressly reserved to the Beneficiaries under the Guarantee and Agreement, it being understood that in the absence of a requirement to provide equal and ratable security set forth in the Existing Indebtedness Agreements, this Agreement would not have been accepted by the Beneficiaries.

Appears in 1 contract

Sources: Collateral Trust Agreement (Polyone Corp)

Equal and Ratable Security. This To the extent this Agreement provides any rights or benefits to the Secured Holders and their respective Representatives under the Notes and Note Indentures, this Agreement is intended solely to comply with the provisions Indenture Lien Restrictions of the Existing Indebtedness Agreements Note Indentures to secure the unpaid Secured Obligations arising thereunder, equally and ratably with the Secured Obligations arising under the Guarantee and AgreementCredit Agreements. To the extent that the rights and benefits herein conferred on the Secured Holders or the Representative under any Existing Indebtedness Agreement Note or Note Indentures shall be held to exceed the rights and benefits required so to be conferred by such provisions the Indenture Lien Restrictions of such Existing Indebtedness AgreementNote Indentures, such rights and benefits shall be limited so as to provide to such Secured Holders and such Representative only those rights and benefits that are required by such provisions the Indenture Lien Restrictions of such Existing Indebtedness AgreementNote Indentures. Any and all rights not herein expressly given to the Note Holders and their respective Representatives under any Existing Indebtedness Agreement are expressly reserved to the Beneficiaries under the Guarantee Credit Parties and Agreementtheir Representatives, it being understood that that, in the absence of a requirement to provide equal and ratable security set forth in the Existing Indebtedness Agreementssuch Indenture Lien Restrictions, this Agreement would not have been accepted by the BeneficiariesCredit Parties to the extent that it provides any rights or benefits to such Secured Holders and their respective Representatives.

Appears in 1 contract

Sources: Collateral Trust Agreement (Us Industries Inc /De)

Equal and Ratable Security. This Agreement is intended solely to comply with the provisions of the Existing Indebtedness Agreements to secure the unpaid Secured Obligations arising thereunder, equally and ratably with the Secured Obligations arising under the Guarantee and Credit Agreement. To the extent that the rights and benefits herein conferred on the Secured Holders or the Representative under any Existing Indebtedness Agreement shall be held to exceed the rights and benefits required so to be conferred by such provisions of such Existing Indebtedness Agreement, such rights and benefits shall be limited so as to provide to such Secured Holders and such Representative only those rights and benefits that are required by such provisions of such Existing Indebtedness Agreement. Any and all rights not herein expressly given to the Representatives under any Existing Indebtedness Agreement are expressly reserved to the Beneficiaries Lender Parties under the Guarantee and Credit Agreement, it being understood that in the absence of a requirement to provide equal and ratable security set forth in the Existing Indebtedness Agreements, this Agreement would not have been accepted by the BeneficiariesLender Parties.

Appears in 1 contract

Sources: Credit Agreement (Pacificare Health Systems Inc /De/)

Equal and Ratable Security. This Agreement is intended solely to comply with the provisions of the Existing Indebtedness Agreements to secure the unpaid Secured Obligations arising thereunder, equally and ratably with the Secured Obligations arising under the Guarantee and AgreementCredit Agreements. To the extent that the rights and benefits herein conferred on the Secured Holders or the Representative under any Existing Indebtedness Agreement shall be held to exceed the rights and benefits required so to be conferred by such provisions of such Existing Indebtedness Agreement, such rights and benefits shall be limited so as to provide to such Secured Holders and such Representative only those rights and benefits that are required by such provisions of such Existing Indebtedness Agreement. Any and all rights not herein expressly given to the Representatives under any Existing Indebtedness Agreement are expressly reserved to the Beneficiaries Credit Parties under the Guarantee and AgreementCredit Agreements, it being understood that in the absence of a requirement to provide equal and ratable security set forth in the Existing Indebtedness Agreements, this Agreement would not have been accepted by the BeneficiariesCredit Parties.

Appears in 1 contract

Sources: Collateral Trust Agreement (Us Industries Inc /De)