Common use of Notice by Company Clause in Contracts

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 70 contracts

Samples: Indenture (Advanced Medical Optics Inc), Supplemental Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

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Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 45 contracts

Samples: Supplemental Indenture (Angiotech Pharmaceuticals Inc), Indenture (Tercentenary Holdings, Corp.), Indenture (Bell Powersports, Inc.)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10Article.

Appears in 27 contracts

Samples: Subordinated Indenture (AtriCure, Inc.), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10Article.

Appears in 14 contracts

Samples: Indenture (Cumulus Media Inc), Indenture (Wavetek U S Inc), Indenture (SFC New Holdings Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Company to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10Article.

Appears in 14 contracts

Samples: Indenture (Sten Corp), Indenture (Consumer Portfolio Services Inc), Indenture (Advanced Environmental Recycling Technologies Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 13 contracts

Samples: Indenture (Charles River Laboratories Holdings Inc), Indenture (Charles River Laboratories Inc), Indenture (Noveon Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to that violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Thirteen.

Appears in 12 contracts

Samples: Registration Rights Agreement (Alliance Imaging Inc /De/), Registration Rights Agreement (Alliance Imaging Inc /De/), Indenture (Boyds Collection LTD)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 105, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 105.

Appears in 9 contracts

Samples: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Convertible Subordinated Notes or the purchase of any Convertible Subordinated Notes by the Company to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Convertible Subordinated Notes to the Senior Debt as provided in this Article 10Article.

Appears in 7 contracts

Samples: Indenture (Amkor Technology Inc), School Specialty (School Specialty Inc), Indenture (Praegitzer Industries Trust I)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes or the purchase of any Notes by the Company to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Article.

Appears in 6 contracts

Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Registration Rights Agreement (P Com Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Convertible Notes or the purchase of any Convertible Notes by the Company to violate this Article 10XI, but failure to give such notice shall not affect the subordination of the Convertible Notes to the Senior Debt as provided in this Article 10XI.

Appears in 6 contracts

Samples: Indenture (Guilford Pharmaceuticals Inc), Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10X, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.X.

Appears in 6 contracts

Samples: Indenture (Tesoro Alaska Co), Indenture (Alliance Gaming Corp), Indenture (Reeves Industries Inc /De/)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Article.

Appears in 6 contracts

Samples: Indenture (Gfsi Inc), Indenture (Gfsi Inc), Cke Restaurants Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent paying agent of any facts known to the Company that would cause a payment of any Obligations principal or interest with respect to the Notes to violate this Article 10XV, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10XV.

Appears in 5 contracts

Samples: Indenture (Netbank Inc), Indenture (Netbank Inc), Indenture (Rac Financial Group Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent paying agent in writing of any facts known to the Company that would cause a payment of any Obligations principal or interest with respect to the Notes to violate this Article 10XV, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10XV.

Appears in 5 contracts

Samples: Penn Treaty American (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Penn Treaty American Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes Securities or the purchase of any Securities by the Company to violate this Article 109, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 109.

Appears in 5 contracts

Samples: Indenture (Komag Inc /De/), Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt of the Company as provided in this Article 10.

Appears in 5 contracts

Samples: BRP (Luxembourg) 4 S.a.r.l., Pca Valdosta Corp, Pca Valdosta Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 5 contracts

Samples: Indenture (Advance Paradigm Inc), Southridge Plaza Holdings Inc, Clean Towel Service Inc

Notice by Company. The Company shall promptly notify in writing the Trustee and the any Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Debt Securities to violate this Article 10XVII, but failure to give such notice shall not affect the subordination of the Notes Debt Securities to the Senior Debt as Indebtedness provided in this Article 10XVII.

Appears in 5 contracts

Samples: Indenture (Rga Capital Trust Ii), Talx Corp, Rga Capital Trust Ii

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Company to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10Article.

Appears in 5 contracts

Samples: Indenture (GWG Holdings, Inc.), Indenture (GWG Holdings, Inc.), Indenture (GWG Life, LLC)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 5 contracts

Samples: Execution (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc), Indenture (Decisionone Corp /De)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Convertible Subordinated Notes or the purchase of any Convertible Subordinated Notes by the Company to violate this Article 10XI, but failure to give such notice shall not affect the subordination of the Convertible Subordinated Notes to the Senior Debt as provided in this Article 10XI.

Appears in 4 contracts

Samples: Indenture (Credence Systems Corp), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Debentures to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Debentures to the Senior Debt as provided in this Article 10.

Appears in 4 contracts

Samples: Standard Motor Products Inc, Crown Castle International Corp, Standard Motor Products Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Ten, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10Ten.

Appears in 4 contracts

Samples: Indenture (Medianews Group Inc), Indenture (Garden State Newspapers Inc), Garden State Newspapers Inc

Notice by Company. The Company shall promptly notify the Trustee Trustee, holders of Senior Indebtedness and the Paying Agent of any facts known to the Company that would cause a payment of any Senior Subordinated Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 4 contracts

Samples: Airgate PCS Inc /De/, Airgate PCS Inc /De/, St Louis Gaming Co

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10XI, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10XI.

Appears in 4 contracts

Samples: Tia Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co)

Notice by Company. The Company shall promptly notify the Senior Subordinated Note Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Senior Subordinated Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Senior Subordinated Notes to the Senior Debt as provided in this Article 10.

Appears in 3 contracts

Samples: Ball Corp, P&l Coal Holdings Corp, Ball Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to an Officer of the Company that would cause a payment of any Obligations with respect to the Notes or of any Claim to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes and all Claims to the Senior Debt as provided in this Article 10Article.

Appears in 3 contracts

Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc), Caraustar Industries Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt of the Company as provided in this Article 10Article.

Appears in 3 contracts

Samples: Supplemental Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De), Supplemental Indenture (Iron Mountain Inc /De)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt or the rights of holders of Senior Debt as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Spanish Broadcasting System Inc), Spanish Broadcasting System of Puerto Rico Inc /Pr/, Spanish Broadcasting System Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to principal of, premium, if any, interest or Liquidated Damages, if any, on the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Vail Resorts Inc), Indenture (GHTV Inc), Village at Breckenridge Acquisition Corp Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10XII, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10XII.

Appears in 3 contracts

Samples: Indenture (Mmi Products Inc), Indenture (Neenah Foundry Co), Tia Indenture (Mmi Products Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Ten, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10Ten.

Appears in 3 contracts

Samples: Indenture (Emmis 105 5 Fm Radio License Corp of Terre Haute), Indenture (Carmike Cinemas Inc), Transmontaigne Inc

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Radio One, Inc.), Supplemental Indenture (Polaner Inc), Mueller Holdings (N.A.), Inc.

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment Payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 3 contracts

Samples: Nextwave Personal Communications Inc, Nextwave Personal Communications Inc, Nextwave Personal Communications Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt of the Company as provided in this Article 10.

Appears in 3 contracts

Samples: Indenture (Dominos Pizza Government Services Division Inc), Supplemental Indenture (Dyersburg Corp), Timco Engine Center Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the principal of or interest on Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness of the Company provided in this Article 10.

Appears in 2 contracts

Samples: Healthsouth Corp, Healthsouth Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10X, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.X.

Appears in 2 contracts

Samples: Indenture (Inex Corp), Iae Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes or the Subsidiary Guarantees to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes or the Subsidiary Guarantees to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Johnson Polymer Inc), Indenture (Johnson Polymer Inc)

Notice by Company. The Company shall promptly notify the Trustee and any Paying Agent by an appropriate Officers' Certificate of the Company delivered to a Trust Officer and the Paying Agent of any facts known to the Company that would cause a payment under the 1997 Notes of any Obligations with respect to principal of or interest on the 1997 Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the 1997 Notes to the Senior Debt as Indebtedness provided in this Article 10.

Appears in 2 contracts

Samples: Stater Bros Holdings Inc, Stater Bros Holdings Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness or Guarantor Senior Indebtedness, as applicable, as provided in this Article 10.

Appears in 2 contracts

Samples: Precision Engine Products Corp, Steel Heddle International Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment in respect of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Supplemental Indenture (Kraton Polymers LLC), Biltmore Surgery Center Holdings Inc

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes or Guaranties to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes and the Guaranties to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Letter Agreement (Pinnacle Entertainment Inc), Letter Agreement (Casino One Corp)

Notice by Company. The Company shall promptly notify the Trustee and any Paying Agent by an appropriate Officers' Certificate of the Company delivered to a Trust Officer and the Paying Agent of any facts known to the Company that would cause a payment under the Notes of any Obligations with respect to principal of or interest or Liquidated Damages, if any, on the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Station Casinos Inc), Station Casinos (Station Casinos Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company it that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt of the Company as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Holmes Products Corp), Indenture (Holmes Products Corp)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Nutra Sales Corp), General Nutrition Companies Inc

Notice by Company. The Company shall promptly notify in writing the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 2 contracts

Samples: Pacific Aerospace & Electronics Inc, Pacific Aerospace & Electronics Inc

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article [10], but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt as provided in this Article [10].

Appears in 2 contracts

Samples: Teleflex Inc, Teleflex Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to that violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Thirteen. SECTION 1307.

Appears in 2 contracts

Samples: Paragon Health Network Inc, Details Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Eight, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness or the rights of holders of Senior Indebtedness as provided in this Article 10Eight.

Appears in 2 contracts

Samples: Entercom Radio LLC, Entercom Communications Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Subordinated Note Obligations to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Subordinated Note Obligations to the Senior Debt Indebtedness of the Company as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)

Notice by Company. The Company shall promptly notify in writing the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Salton Maxim Housewares Inc), Blount International Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 2 contracts

Samples: Indenture (Infinity Inc), Infinity Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent paying agent in writing of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article 1015, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 1015.

Appears in 1 contract

Samples: Standard Management Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Article.

Appears in 1 contract

Samples: Inamed Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1011, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 1011.

Appears in 1 contract

Samples: Indenture (Lone Star Technologies Inc)

Notice by Company. The Company shall promptly notify ----------------- the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Just for Feet Specialty Stores Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the principal of or interest on Notes to violate this Article 109, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as of the Company provided in this Article 109. In addition, the Company must promptly notify holders of Guarantor Senior Debt if payment of the Notes is accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Us Oncology Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to principal of, premium, if any, interest or Additional Interest, if any, on the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Notice by Company. The Company shall promptly notify the Trustee at the Corporate Trust Office and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Subordinated Debt to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Subordinated Debt to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Viskase Companies Inc)

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Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Subordinated Note Obligations to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Subordinated Note Obligations to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Von Hoffmann Holdings Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent (if other than the Trustee) in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1013, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 1013.

Appears in 1 contract

Samples: Indenture (Colliers International Group Inc.)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Exchange Debentures to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Exchange Debentures to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 1 contract

Samples: Ameriking Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1012, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 1012.

Appears in 1 contract

Samples: Indenture (Apparel Retailers Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the principal of or interest on Notes to violate this Article 109, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness of the Company provided in this Article 109.

Appears in 1 contract

Samples: Schuler Homes Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes and the Note Guarantees to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Assisted Living Concepts Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 109, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 109.

Appears in 1 contract

Samples: Bissell Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment upon or in respect of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Duane Reade Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Senior Subordinated Notes to violate this Article 10VII, but failure to give such notice shall not affect the subordination of the Senior Subordinated Notes to the Senior Debt as provided in this Article 10VII.

Appears in 1 contract

Samples: Louisiana Pacific Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Thirteen, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Thirteen.

Appears in 1 contract

Samples: Indenture (Oci Holdings Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1010 or the Intercreditor Agreement, but failure to give such notice shall not affect the subordination of the Notes and the Note Guarantees to the Senior Debt Indebtedness as provided in this Article 1010 or the Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (Assisted Living Concepts Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to that violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Fourteen.

Appears in 1 contract

Samples: Supplemental Indenture (Accuride Corp)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Debentures to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes Debentures to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Dynegy Inc /Il/

Notice by Company. The Company shall promptly notify in writing the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10X, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.X.

Appears in 1 contract

Samples: Salton Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes and the Guaranty to the Senior Debt Indebtedness or Guarantor Senior Indebtedness, as applicable, as provided in this Article 10.

Appears in 1 contract

Samples: Bell Sports Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Exchange Debentures to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Exchange Debentures to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Panamsat International Systems Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Administrative Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Section 11, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.Section 11. 62 -56-

Appears in 1 contract

Samples: Senior Subordinated Note Purchase Agreement (Transtechnology Corp)

Notice by Company. The Company shall will promptly notify a Responsible Officer of the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment or distribution of any Obligations with respect to the Notes to or by the Trustee or Paying Agent to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 1 contract

Samples: Mueller Water Products, Inc.

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.

Appears in 1 contract

Samples: KSL Recreation Group Inc

Notice by Company. The Company shall promptly notify the Trustee at the Corporate Trust Office and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Viskase Companies Inc

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Dycom Industries Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to materially violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Uk Abba Products Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Senior Subordinated Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Senior Subordinated Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: JCS Realty Corp

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Credit Agreement (Panther Transport Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company or Holdings that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Desa Holdings Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness of the Company as provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Cpi Holding Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the President, the Chief Executive Officer or the Vice President, Finance and Administration of the Company that would cause a payment of any Obligations with respect to the Notes or of any Claim to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes and all Claims to the Senior Debt as provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Printpack Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Article, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as Indebtedness provided in this Article 10Article.

Appears in 1 contract

Samples: Indenture (Orbital Imaging Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate Violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10.. 176 155

Appears in 1 contract

Samples: Credit Agreement (Vestar Sheridan Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent in writing of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such written notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Penn National Gaming Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1011, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 1011.

Appears in 1 contract

Samples: Indenture (Rayovac Corp)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10. SECTION 10.07.

Appears in 1 contract

Samples: Metal Management Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations obligations with respect to the Notes Debentures to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Debentures to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: 2000 Loan Agreement (Grey Global Group Inc)

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10Fourteen, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt Indebtedness as provided in this Article 10Fourteen.

Appears in 1 contract

Samples: Liberty Group Management Services Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Senior Subordinated Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Senior Subordinated Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Key Plastics Inc

Notice by Company. The Company shall promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to principal of, premium, if any, or interest on the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Baker J Inc

Notice by Company. The Company shall promptly notify a Responsible Officer of the Trustee and a Responsible Officer of the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Indenture (Key Energy Group Inc)

Notice by Company. The Company shall will promptly notify the Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes to violate this Article 1013, but failure to give such notice shall will not affect the subordination of the Notes to the Senior Debt as provided in this Article 1013.

Appears in 1 contract

Samples: Forbearance Agreement (Lbi Media Holdings Inc)

Notice by Company. The Company shall promptly notify the Subordinated Debenture Trustee and the Paying Agent of any facts known to the Company that would cause a payment of any Obligations with respect to the Notes Securities to violate this Article 10, but failure to give such notice shall not affect the subordination of the Notes Securities to the Senior Debt as provided in this Article 10.

Appears in 1 contract

Samples: Vegeterian Times Inc

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