Common use of Limitations on Issuances of Guarantees of Indebtedness Clause in Contracts

Limitations on Issuances of Guarantees of Indebtedness. The Company will not permit any of its Restricted Subsidiaries, directly or indirectly, to Guarantee or pledge any assets to secure the payment of any other Indebtedness of the Company or a Subsidiary Guarantor unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture providing for the Guarantee of the payment of the Notes by such Restricted Subsidiary, which Guarantee shall be senior to or pari passu with such Restricted Subsidiary's Guarantee of or pledge to secure such other Indebtedness (to the same extent as the Notes are senior to or pari passu with such other Indebtedness), unless such other Indebtedness is Senior Indebtedness, in which case the Guarantee of the Notes may be subordinated to the Guarantee of such Senior Indebtedness to the same extent as the Notes are subordinated to such Senior Indebtedness. Notwithstanding the preceding paragraph, any Subsidiary Guarantee will provide by its terms that it will be automatically and unconditionally released and discharged under the circumstances described in SECTION 1303.

Appears in 1 contract

Samples: Iesi Tx Corp

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Limitations on Issuances of Guarantees of Indebtedness. The Company will shall not permit any of its Restricted SubsidiariesSubsidiaries that is not a Guarantor of the Notes, directly or indirectly, to Guarantee or pledge any assets to secure the payment of any other Indebtedness of the Company or a Subsidiary Guarantor the Parent Company unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture providing for the Guarantee of the payment of the Notes by such Restricted SubsidiarySubsidiary to the same extent as such Guarantee of such other Indebtedness, which Guarantee shall be senior to or pari passu with such Restricted Subsidiary's Guarantee of or pledge to secure such other Indebtedness (to the same extent as the Notes are senior to or pari passu with such other Indebtedness), unless such other Indebtedness is Senior IndebtednessDebt, in which case the Guarantee of the Notes may be subordinated to the Guarantee of such Senior Indebtedness Debt to the same extent as the Notes are subordinated to such Senior IndebtednessDebt. Notwithstanding the preceding paragraph, any Subsidiary Note Guarantee will of the Notes shall provide by its terms that it will shall be automatically and unconditionally released and discharged under the circumstances described in SECTION 1303Section 11.05.

Appears in 1 contract

Samples: Indenture (Mail Well Inc)

Limitations on Issuances of Guarantees of Indebtedness. (a) The Company will Issuer shall not permit any of its Restricted Subsidiaries, directly or indirectly, to Guarantee or pledge any assets to secure the payment of any other Indebtedness of the Company Issuer or any other Restricted Subsidiary (other than a Guarantee or pledge by a Foreign Restricted Subsidiary securing the payment of Indebtedness of another Foreign Restricted Subsidiary) unless either (1) such Restricted Subsidiary is a Guarantor unless or (2) such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture in the form set forth in Exhibit H providing for the Guarantee of the payment of the Notes by such Restricted Subsidiary, which Guarantee shall be senior to or pari passu with such Restricted Subsidiary's Guarantee of or pledge to secure such other Indebtedness (to the same extent as the Notes are senior to or pari passu with such other Indebtedness), unless such other Indebtedness is Senior IndebtednessDebt, in which case the Guarantee of the Notes may be subordinated to the Guarantee of such Senior Indebtedness Debt, to the same extent as the Notes are subordinated to such Senior Indebtedness. Notwithstanding the preceding paragraph, any Subsidiary Guarantee will provide by its terms that it will be automatically and unconditionally released and discharged under the circumstances described in SECTION 1303Debt.

Appears in 1 contract

Samples: Indenture (Nortek Inc)

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Limitations on Issuances of Guarantees of Indebtedness. The Company will shall not permit any of its Restricted SubsidiariesSubsidiary, directly or indirectly, to incur Indebtedness or Guarantee or pledge any assets to secure the payment of any other Indebtedness of the Company or a any Restricted Subsidiary Guarantor unless either such Restricted Subsidiary (1) is a Guarantor or (2) simultaneously executes and delivers a supplemental indenture providing for the Guarantee of the payment of the Notes by such Restricted Subsidiaryto this Indenture and becomes a Guarantor, which Guarantee shall (a) with respect to any Guarantee of Senior Indebtedness, be subordinated in right of payment on the same terms as the Notes are subordinated to such Senior Indebtedness and (b) with respect to any Guarantee of any other Indebtedness, be senior to or pari passu PARI PASSU with such Restricted Subsidiary's other Indebtedness or Guarantee of or pledge to secure such other Indebtedness (to the same extent as the Notes are senior to or pari passu with such other Indebtedness), unless such other Indebtedness is Senior Indebtedness, in which case the Guarantee of the Notes may be subordinated to the Guarantee of such Senior Indebtedness to the same extent as the Notes are subordinated to such Senior Indebtedness. Notwithstanding the preceding paragraph, any Subsidiary Guarantee will of the Notes shall provide by its terms that it will shall be automatically and unconditionally released and discharged under the circumstances described in SECTION 1303.discharged:

Appears in 1 contract

Samples: Indenture (Oci Holdings Inc)

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