Common use of Notes, Guarantees and Other Second-Priority Lien Obligations Not Subordinated Clause in Contracts

Notes, Guarantees and Other Second-Priority Lien Obligations Not Subordinated. The provisions of this Article 11 are intended solely to set forth the relative ranking, as Liens, of the Second-Priority Liens as against the First-Priority Liens. The Notes and Note Guarantees are senior non-subordinated Obligations of the Company and Guarantors. Neither the Notes, the Note Guarantees and other Second-Priority Lien Obligations nor the exercise or enforcement of any right or remedy for the payment or collection thereof (other than the exercise of rights and remedies of a secured party, which are subject to the Intercreditor Agreement) are intended to be or will ever be, by reason of the provisions of this Article 11, in any respect subordinated, deferred, postponed, restricted or prejudiced.

Appears in 4 contracts

Samples: Intercreditor Agreement (Century Aluminum Co), Collateral Agency Agreement (Century Aluminum Co), Intercreditor Agreement (Century California, LLC)

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Notes, Guarantees and Other Second-Priority Lien Obligations Not Subordinated. The provisions of this Article 11 10 are intended solely to set forth the relative ranking, as Liens, of the Second-Priority Liens as against the First-Priority Liens. The Notes and Note Guarantees are senior non-subordinated Obligations obligations of the Company Issuer and Guarantors. Neither the Notes, the Note Guarantees and other Second-Priority Lien Obligations nor the exercise or enforcement of any right or remedy for the payment or collection thereof (other than the exercise of rights and remedies of a secured party, which are subject to the Intercreditor Agreement) are intended to be be, or will ever be, be by reason of the provisions of this Article 1110, in any respect subordinated, deferred, postponed, restricted or prejudiced.

Appears in 1 contract

Samples: Indenture (Hovnanian Enterprises Inc)

Notes, Guarantees and Other Second-Priority Lien Obligations Not Subordinated. The provisions of this Article ‎Article 11 are intended solely to set forth the relative ranking, as Liens, of the Second-Priority Liens as against the First-Priority Liens. The Notes and Note Guarantees are senior non-subordinated Obligations of the Company and Guarantors. Neither the Notes, the Note Guarantees and other Second-Priority Lien Obligations nor the exercise or enforcement of any right or remedy for the payment or collection thereof (other than the exercise of rights and remedies of a secured party, which are subject to the Intercreditor Agreement) are intended to be or will ever be, by reason of the provisions of this Article ‎Article 11, in any respect subordinated, deferred, postponed, restricted or prejudiced.

Appears in 1 contract

Samples: Intercreditor Agreement (Century Aluminum Co)

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Notes, Guarantees and Other Second-Priority Lien Obligations Not Subordinated. The provisions of this Article 11 10 are intended solely to set forth the relative ranking, as Liens, of the Second-Priority Liens as against the First-Priority Liens. The Notes and Note Guarantees are senior non-subordinated Obligations obligations of the Company Issuer and Guarantors. Neither the Notes, the Note Guarantees and or other Second-Priority Lien Obligations nor the exercise or enforcement of any right or remedy for the payment or collection thereof (other than the exercise of rights and remedies of a secured party, which are subject to the Intercreditor Agreement) are intended to be be, or will ever be, be by reason of the provisions of this Article 1110, in any respect subordinated, deferred, postponed, restricted or prejudiced.

Appears in 1 contract

Samples: Supplemental Indenture (Roundy's, Inc.)

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