Pari Passu Indebtedness. The Guarantor (i) represents and warrants that, as of the date hereof, the obligations of the Guarantor under this Guaranty will rank pari passu with any existing unsecured indebtedness of the Guarantor and (ii) covenants and agrees that from and after the date hereof the obligations of the Guarantor under this Guaranty will rank pari passu with any unsecured indebtedness of the Guarantor incurred after the date hereof.
Pari Passu Indebtedness. The Indebtedness under the Loan Documents ranks at least pari passu with all other unsecured Indebtedness of the Borrower.
Pari Passu Indebtedness. There shall be no restriction on ----------------------- the amount or type of Indebtedness of the Company which may be pari passu with (i.e. having no priority of payment over and not subordinated in right of payment to) or subordinate to the Debentures. At December 31, 2000, the Company had outstanding the following Debentures which rank pari passu with the Debentures: $9,000,000 aggregate principal amount of its Series 5/12/95 Registered Floating Rate Redeemable Subordinated Debentures (the "Series 5/12/95 Debentures") which were issued pursuant to an Indenture dated as of June 1, 1995 by and between the Company and The Bank of New York,$9,000,000 aggregate principal amount of its Series 10/19/95 Registered Floating Rate Redeemable Subordinated Debentures (the "Series 10/19/95 Debentures") which were issued pursuant to an Indenture dated as of November 1, 1995 by and between the Company and The Bank of New York, $10,000,000 aggregate principal amount of its Series 5/10/96 Registered Floating Rate Redeemable Subordinated Debentures (the "Series 5/10/96 Debentures") which were issued pursuant to an Indenture dated as of June 1, 1996 by and between the Company and The Bank of New York, and $5,500,000 aggregate principal amount of its Series 10/15/96 Registered Floating Rate Redeemable Subordinated Debentures (the "Series 10/15/96 Debentures") which were issued pursuant to an Indenture dated as of November 1, 1996 by and between the Company and The Bank of New York, and $8,000,000 aggregate principal amount of its Series 4/30/97 Registered Floating Rate Redeemable Subordinated Debentures (the "Series 4/30/97 Debentures"), which were issued pursuant to an Indenture dated as of May 1, 1997 by and between the Company and The Bank of New York, and $5,400,000 aggregate principal amount of its Series 11/10/98 Debentures (the "Series 11/10/98 Debentures") which were issued pursuant to an Indenture dated as of December 1, 1998 by and between the Company and The Bank of New York, $6,500,000 aggregate principal amount of its Series 6/28/99 Debentures (the "Series 6/28/99 Debentures") which were issued pursuant to an Indenture dated as of July 1, 1999 by and between the Company and The Bank of New York, and $3,750,000 aggregate principal amount of its Series 9/18/00 Debentures (the "Series 9/18/00 Debentures") which were issued pursuant to an Indenture dated as of September 15, 2000 by and between the Company and The Bank of New York. The Bank of New York, the Trustee...
Pari Passu Indebtedness. The Issuer hereby confirms that the Pari Passu Lender(s), the First Lien Agent, the Second Lien Agent and any other Second Lien Creditors may conclusively rely on the representations set forth in the officer’s certificate attached hereto as Exhibit A certifying that the New Indebtedness complies with the requirements of the definition of “Pari Passu Indebtedness” under the Intercreditor Agreement. Each of the Issuer and the Obligors hereby confirm that following the execution and delivery of the Accession Agreement by all the parties thereto, the New Indebtedness identified in this Supplement shall constitute “Pari Passu Indebtedness” under the Intercreditor Agreement.
Pari Passu Indebtedness. The Guarantor (i) represents and warrants that, as of the date hereof, the obligations of the Guarantor under this Guaranty will rank PARI PASSU with any existing unsecured indebtedness of the Guarantor and (ii) covenants and agrees that from and after the date hereof the obligations of the Guarantor under this Guaranty will rank PARI PASSU with any unsecured indebtedness of the Guarantor incurred after the date hereof.
Pari Passu Indebtedness. Each Obligor shall ensure that its Indebtedness under the Finance Documents to which it is a party will rank at least pari passu with all its other unsubordinated and unsecured Indebtedness with the exception of that preferred by operation of law.
Pari Passu Indebtedness. The Company hereby confirms that the Pari Passu Agent, the First Lien Collateral Agent and the other First Lien Claimholders and the Second Lien Collateral Agent and the other Second Lien Claimholders may conclusively rely on the representations set forth in the Officer’s Certificate attached hereto as Exhibit A certifying that the New Indebtedness (a) complies with the requirements of the definition of “Pari Passu Indebtedness” under the Intercreditor Agreement and (b) does not exceed the Maximum Pari Passu Indebtedness Amount. Each of the Company and the other Grantors hereby confirm that attached hereto as Exhibit B is a true, correct and complete copy of the Accession Agreement which was executed and delivered in connection with the New Indebtedness.
Pari Passu Indebtedness. The Indebtedness under the Loan Documents ranks at least PARI PASSU with all other unsecured Indebtedness of the Borrower.
Pari Passu Indebtedness. The Obligations are hereby designated as “Pari-Passu Lien Obligations” for all purposes of the Note Documents.
Pari Passu Indebtedness. The Borrower’s indebtedness under this Agreement shall represent direct, unconditional and unsubordinated obligations of the Borrower and will rank at least pari passu with all its other unsecured indebtedness with the exception of that which is preferred by operation of law.
