Common use of Obligations of Company Unconditional Clause in Contracts

Obligations of Company Unconditional. (a) Nothing contained in this Article 8 or elsewhere in the Notes is intended to or shall impair, as between the Company and the Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of Notes the principal of, premium, if any, and interest on the Notes 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 Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Note from exercising all remedies otherwise permitted by applicable law upon default under this Note, subject to the rights, if any, under this Article 8 of the holders of the Senior Indebtedness in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kevco Partners Investment Trust), Securities Purchase Agreement (Kevco Inc)

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Obligations of Company Unconditional. (a) Nothing contained in this Article 8 or elsewhere in the Notes is intended to or shall impair, as between the Company and the Holders of Notes, the obligation of the 40 145 Company, which is absolute and unconditional, to pay to the Holders of Notes the principal of, premium, if any, and interest on the Notes 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 Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Note from exercising all remedies otherwise permitted by applicable law upon default under this Note, subject to the rights, if any, under this Article 8 of the holders of the Senior Indebtedness in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust)

Obligations of Company Unconditional. (a) Nothing contained in this Article 8 XV or elsewhere in this Indenture or in the Notes is intended to or shall impair, as between among the Company and the Holders holders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of Notes such holders the principal of, premium, if any, and interest on the Notes 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 Notes such holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder holders of any Note Notes or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this NoteIndenture, subject to the subordination rights, if any, under this Article 8 XV of the holders of the Senior Indebtedness in respect of cash, property, or securities of the Company received upon the exercise of any such remedyIndebtedness.

Appears in 2 contracts

Samples: Indenture (Agco Corp /De), Indenture (Agco Corp /De)

Obligations of Company Unconditional. (a) Nothing contained in this Article 8 XIII or elsewhere in this Indenture or in the Notes is intended to or shall impair, as between among the Company Company, its creditors other than holders of Senior Debt and the Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of Notes the principal of, premium, if any, of and interest on the Notes 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 Notes 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 Note Notes from exercising all remedies otherwise permitted by applicable law upon default under this NoteIndenture, subject to the rights, if any, under this Article 8 of the holders of the Senior Indebtedness Debt in respect of cash, property, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Indenture (Golden Northwest Aluminum Holding Co)

Obligations of Company Unconditional. (a) Nothing contained in this Article 8 or elsewhere in the Notes Section 11 is intended to or shall impair, as between the Company and the Holders holders of Notes, the obligation Notes the obligations of the Company, which is are absolute and unconditional, to pay to the Holders holders of Notes the Notes, the principal of, and premium, if any, and interest on on, the Notes 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 holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent any holder of the Holder of any Note Notes from exercising all remedies otherwise permitted by applicable law upon default under this NoteDefault, subject to the rights, if any, under this Article 8 the Subordination Agreement of the holders of the Senior Indebtedness in respect of any cash, property, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Escrow Agreement (Icg Communications Inc /De/)

Obligations of Company Unconditional. (a) Nothing contained in this Article 8 or elsewhere in the Notes is intended to or shall impair, as between the Company and the Holders of Notes, the obligation of the 40 41 Company, which is absolute and unconditional, to pay to the Holders of Notes the principal of, premium, if any, and interest on the Notes 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 Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Note from exercising all remedies otherwise permitted by applicable law upon default under this Note, subject to the rights, if any, under this Article 8 of the holders of the Senior Indebtedness in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Kevco Inc

Obligations of Company Unconditional. (ai) Nothing contained in this Article 8 Section 4 or elsewhere in the Notes is intended to or shall impair, as between among the Company and the Holders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of, premium, if any, and interest on the Notes 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 Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Note Notes from exercising all remedies otherwise permitted by applicable law upon default under this Notethe Notes, subject to the rights, if any, under this Article 8 Section 4 of the holders of the Senior Indebtedness in respect of cash, property, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: St John Knits International Inc

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Obligations of Company Unconditional. (a) Nothing contained in this Article 8 or elsewhere in the Notes is intended to or shall impair, as between the Company and the Holders of Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of Notes the principal of, premium, if any, and interest on the Notes 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 Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Note from exercising all remedies otherwise permitted by applicable law upon default under this Note, subject to the rights, if any, under this Article 8 of the holders of the Senior Indebtedness in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.if

Appears in 1 contract

Samples: Kevco Inc

Obligations of Company Unconditional. (a) Nothing contained in this Article 8 X or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as between among the Company Company, its creditors other than the holders of Senior Debt, and the Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of Notes the principal of, premium, if any, of and any interest on the Notes 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 Notes and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent the Holder of any Note Security or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this NoteIndenture, subject to the rights, if any, under this Article 8 of the holders of the Senior Indebtedness in respect of cash, property, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Quality Distribution Inc

Obligations of Company Unconditional. (a) Nothing contained in this Article 8 X or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as between among the Company Company, its creditors other than the holders of Senior Debt, and the Holders of NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of Notes the principal of, premium, if any, of and any interest on the Notes 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 Notes and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent the Holder of any Note Security or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this NoteIndenture, subject to the second paragraph of Section 6.2 and the rights, if any, under this Article 8 of the holders of the Senior Indebtedness Debt in respect of cash, property, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Quality Distribution Inc

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