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)
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
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
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
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)
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
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
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
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
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
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
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
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
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
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