Common use of Obligation of the Company Unconditional Clause in Contracts

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and all other facts pertinent thereto or to this Article.

Appears in 26 contracts

Samples: Nice Systems LTD, Indenture (Atlantic City Electric Co), Indenture (Union Electric Co)

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Obligation of the Company Unconditional. Nothing contained in this Article Eleven or elsewhere in this Indenture or in the Securities any Security is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Debt and the HoldersHolders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default default, under this Indenture, subject to the rights, if any, under this Article Eleven of the holders of Senior Indebtedness Debt in respect of cash, property or securities of the Company received receives upon the exercise of any such remedy. Upon Nothing contained in this Article Eleven or elsewhere in this Indenture or in any payment Security is intended to or distribution of assets or securities shall affect the obligation of the Company referred to in this Articlemake, or prevent the Trustee and Company from making, at any time except during the Holders shall be entitled to rely upon pendency of any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending for proceeding, and except during the purpose continuance of ascertaining the persons entitled to participate any event of default specified in such distribution, the holders Section 11.02 (not cured or waived) payments at any time of the Senior Indebtedness and other indebtedness principal of or interest on the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and all other facts pertinent thereto or to this ArticleSecurities.

Appears in 5 contracts

Samples: Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp), Lexington Precision Corp

Obligation of the Company Unconditional. Nothing contained in this Article Nine or elsewhere in this Indenture or in the Securities any Security is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the HoldersHolders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default Default under this Indenture, subject to the rights, if any, under this Article Nine of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Nine, the Trustee Trustee, subject to the provisions of Sections 6.01 and 6.02, and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Nine.

Appears in 4 contracts

Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Leucadia National Corp

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding winding-up, liquidation or reorganization proceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and all other facts pertinent thereto or to this Article.

Appears in 3 contracts

Samples: Indenture (Washington Water Power Capital Iii), Washington Water Power Co, Washington Water Power Capital Iii

Obligation of the Company Unconditional. Nothing contained in this Article Section 9 or elsewhere in this Indenture or in the Securities Note is intended to or shall impair, impair as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the HoldersHolder, the obligation of the Company, which is absolute and unconditional, to pay to the Holders Holder the principal of and interest on the Securities this Note as and when the same shall become due and payable in accordance with their its terms, or is intended to or shall affect the relative rights of the Holders Holder and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder of this Note from exercising all remedies otherwise permitted by applicable law upon default under this IndentureNote, subject to the rights, if any, under this Article Section 9 of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleSection 9, the Trustee and the Holders holder of this Note shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such any dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleSection 9.

Appears in 3 contracts

Samples: SolarMax Technology, Inc., SolarMax Technology, Inc., SolarMax Technology, Inc.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture Annex A or in the Securities Note is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the Holdersholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holder of the Note the principal of and interest on the Securities Note as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein (except to the extent set forth in this Annex A) prevent the Trustee or any Holder holder of the Note from exercising all remedies otherwise permitted by applicable law and this Annex A upon an event of default under this Indenturethe Note, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness in respect of cash, property property, or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleAnnex A, the Trustee and holder of the Holders Note shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the holder of the Note, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.Annex A.

Appears in 2 contracts

Samples: Pledge Agreement (Sky Chefs Argentine Inc), Vitaminshoppecom Inc

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company (other than the holders of Senior Indebtedness), nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.

Appears in 2 contracts

Samples: Montana Power Co /Mt/, Montana Power Capital I

Obligation of the Company Unconditional. Nothing contained in this Article 3 or elsewhere in this Indenture or in the Securities Note is intended to or shall impair, impair as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the HoldersRegistered Holder, the obligation of the Company, which is absolute and unconditional, to pay to the Holders Registered Holder the principal of and interest on the Securities this Note as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders Registered Holder and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Registered Holder of this Note from exercising all remedies otherwise permitted by applicable law upon default under this IndentureNote, subject to the rights, if any, under this Article 3 of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle 3, the Trustee and the Holders holders of this Note shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such any dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Registered Holder for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle 3.

Appears in 1 contract

Samples: Porta Systems Corp

Obligation of the Company Unconditional. Nothing contained --------------------------------------- in this Article or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Indebtedness, and the HoldersHolders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on and any additional amounts owing in respect of the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of Senior Indebtedness, Indebtedness nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending for proceeding affecting the purpose of ascertaining the persons entitled to participate in such distribution, the holders affairs of the Senior Indebtedness and other indebtedness of the Company, the amount thereof Company is pending or payable thereon, the amount or amounts paid or distributed thereon, and all other facts pertinent thereto or to this Article.upon

Appears in 1 contract

Samples: Security Capital Group Inc/

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture Annex A or in the Securities Note is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the Holdersholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holder of the Note the principal of and interest on the Securities Note as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder holder of the Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenturelaw, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness in respect of cash, property property, or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleAnnex A, the Trustee and holder of the Holders Note shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the holder of the Note, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.Annex A.

Appears in 1 contract

Samples: Credit Agreement (FSC Semiconductor Corp)

Obligation of the Company Unconditional. Nothing contained in this Article Nine or elsewhere in this Indenture or in the Securities any Security is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the HoldersHolders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of the Senior IndebtednessIn- debtedness, nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default Default under this Indenture, subject to the rights, if any, under this Article Nine of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Nine, the Trustee Trustee, subject to the provisions of Sections 6.01 and 6.02, and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Nine.

Appears in 1 contract

Samples: Leucadia National Corp

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Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among between the Company, its creditors other than Company and the holders of Senior Indebtedness and the HoldersSecurities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holders of the Securities the principal of (and premium, if any) and interest (including interest accruing subsequent to the commencement of any proceeding for the bankruptcy or reorganization of the Company under any applicable bankruptcy, insolvency, or similar law now or hereafter in effect) on the Securities as and when the same shall become due and payable in accordance with their termsthe terms thereof when required pursuant to the Securities and this Indenture, or is intended to or shall affect the relative rights of the Holders holders of the Securities and creditors of the Company other than the holders of the Senior IndebtednessIndebtedness and Additional Senior Obligations, nor shall anything herein or therein prevent the Trustee or the holder of any Holder Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness and Additional Senior Obligations in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Indenture (J P Morgan Chase & Co)

Obligation of the Company Unconditional. Nothing --------------------------------------- contained in this Article or elsewhere in this Indenture Annex A or in the Securities Note is intended to or shall impair, as among between the Company, its creditors other than Company and ANNEX A TO EXHIBIT L Page 4 the holders holder of Senior Indebtedness and the HoldersNote, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holder of the Note the principal of and interest on the Securities Note as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder holder of the Note from exercising all remedies otherwise permitted by applicable law upon an event of default under this Indenturethe Note, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness in respect of cash, property property, or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleAnnex A, the Trustee and holder of the Holders Note shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the holder of the Note, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.Annex A.

Appears in 1 contract

Samples: Credit Agreement (Wesley Jessen Visioncare Inc)

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture Annex A or in the Securities Note is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the Holdersholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holder of the Note the principal of and interest on the Securities Note as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein (except to the extent set forth in this Annex A) prevent the Trustee or any Holder holder of the Note from exercising all remedies otherwise permitted by applicable law and this Annex A upon an event of default under this Indenturethe Note, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness in respect of cash, property property, or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleAnnex A, the Trustee and holder of the Holders Note shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the holder of the Note, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleAnnex A. thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the holder of the Note.

Appears in 1 contract

Samples: Pledge Agreement (Sky Chefs Argentine Inc)

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation rights of the Company, which is absolute and unconditional, Holders to pay to the Holders payment of the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their termsterms without the consent of the Holders, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Txu Australia Holdings Partnership L P

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture Annex A or in the Securities Intercompany Note is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the Holders[INSERT NAME OF AFFILIATE], the obligation of the Company, which is absolute and unconditional, to pay to the Holders [INSERT NAME OF AFFILIATE] the principal of and interest on the Securities Intercompany Note as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders [INSERT NAME OF AFFILIATE] and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein therein, except as expressly provided, prevent the Trustee or any Holder [INSERT NAME OF AFFILIATE] from exercising all remedies otherwise permitted by applicable law upon default under this Indenturelaw, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness Debt in respect of cash, property property, or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleAnnex A, the Trustee and the Holders [INSERT NAME OF AFFILIATE] shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other Person making any distribution to [INSERT NAME OF AFFILIATE], for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Indebtedness Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.Annex A.

Appears in 1 contract

Samples: Sixth Amendment Agreement (Energy Transfer Partners, L.P.)

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture Annex A or in the Securities Note is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the Holdersholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holder of the Note the principal of and interest on the Securities Note as and when the same shall become due and payable in accordance with their its terms, or is intended to or shall affect the relative rights of the Holders holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder holder of the Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenturelaw, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness in respect of cash, property property, or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleAnnex A, the Trustee and holder of the Holders Note shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the holder of the Note, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.Annex A.

Appears in 1 contract

Samples: Project    Description    Agreement (Covanta Holding Corp)

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Debt Securities is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Indebtedness, and the HoldersHolders of the Debt Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debt Securities the principal of and interest on and any additional amounts owing in respect of the Debt Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Debt Securities and creditors of the Company other than the holders of Senior Indebtedness, Indebtedness nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Debt Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders of the Debt Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other Person making any payment or distribution, delivered to the Trustee or to the Holders of the Debt Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Indenture (Perma-Pipe International Holdings, Inc.)

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