Equal Ranking. The Common Stock and CDIs issued pursuant to an exercise of the Warrant will rank, from the date of issue, equally with the existing shares of Common Stock and CDIs of the Company in all respects.
Equal Ranking. This Note shall rank equally without preference or priority of any kind over one another, and all payments on account of principal and interest with respect to any of the Notes shall be applied ratably and proportionally on all outstanding Notes on the basis of the original principal amount of outstanding Notes.
Equal Ranking. The Collateral Trustee and each of the Secured Parties hereby agree that the Liens and security interest granted to the Collateral Trustee under the Trust Security Documents shall be treated, as among the Secured Parties, as being for the equal and ratable benefit of all the Secured Parties (subject to the provisions of this Agreement (including, without limitation, the priority of distributions set forth in Section 3.4 and Section 3.4A) and the other Trust Security Documents), without preference, priority, prejudice or distinction as to any Lien of any Secured Party over any other Secured Party. Notwithstanding the date, time, method, manner or order of grant, attachment or perfection of any Liens securing any of the Secured Obligations secured by the Collateral and notwithstanding any provision of the UCC of any jurisdiction, or any other applicable law or the Credit Agreement Documents or any defect or deficiencies in the Liens securing the Secured Obligations or any other circumstance whatsoever (but subject to Section 3.4 and Section 3.4A), each member of the Credit Agreement Class and each member of the Public Note Class shall have equal priority on a pari passu and a pro rata basis to all of the Collateral and Proceeds thereof.
Equal Ranking. The Subscription Shares, and any Shares issued on exercise of the Subscription Options, will rank equally in all respects with all other Shares then on issue.
Equal Ranking. (a) Each of the Secured Parties hereby agrees that, at all times, including on and after any Insolvency Proceedings relating to an Obligor, the Obligations shall rank pari passu for all purposes under this Agreement.
Equal Ranking. The Secured Obligations do and will rank at least equally and rateably with all other unsecured obligations of each Obligor except for obligations mandatorily preferred by law applying generally.
Equal Ranking. Each Obligor will ensure that the Secured Obligations will at all times rank at least equally and rateably in all respects with the claims of all of its other unsecured creditors save those whose claims are preferred by any bankruptcy, insolvency, liquidation or other similar laws of general application and those secured claims permitted under clause 17.5 (Negative Pledge).
Equal Ranking. Subject to any reservations as to matters of law contained in applicable legal opinions dated on or about the Closing Date and addressed to the Borrower Security Trustee, the claims of the Borrower Secured Creditors against it under any of the Borrower Transaction Documents to which it is a party will rank at least pari passu with the claims of all its other unsecured creditors.
Equal Ranking. The Common Stock issued pursuant to a conversion of this Note will rank, from the date of issue, equally with the existing shares of Common Stock, respectively, of Payor in all respects.
