Common use of Priority of Obligations Clause in Contracts

Priority of Obligations. The payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any Subsidiary Guarantor under its Subsidiary Guaranty, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company or such Subsidiary Guarantor, as applicable.

Appears in 7 contracts

Samples: Purchase Agreement (North Haven Private Income Fund LLC), Master Note Purchase Agreement (Owl Rock Capital Corp III), Note Purchase Agreement (T. Rowe Price OHA Select Private Credit Fund)

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Priority of Obligations. The Company will ensure that its payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any Subsidiary Guarantor under its Subsidiary Guaranty, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company or and such Subsidiary Guarantor, as applicable.

Appears in 5 contracts

Samples: Purchase Agreement (CION Investment Corp), Note Purchase Agreement (CION Investment Corp), Guaranty Agreement (STORE CAPITAL Corp)

Priority of Obligations. The payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any Subsidiary Guarantor under its Subsidiary Guaranty, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company or and such Subsidiary Guarantor, as applicable.

Appears in 3 contracts

Samples: Barings Capital Investment Corp, Purchase Agreement (Hercules Capital, Inc.), Note Purchase Agreement (Hercules Capital, Inc.)

Priority of Obligations. The payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any Subsidiary Guarantor under its the Subsidiary Guaranty, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company or and such Subsidiary Guarantor, as applicable.

Appears in 2 contracts

Samples: Note Purchase Agreement (Barings BDC, Inc.), Note Purchase Agreement (Barings BDC, Inc.)

Priority of Obligations. The Company will ensure that its payment obligations of the Company under this Agreement and the Notes, the payment obligations of the Parent under its Parent Guaranty and the payment obligations of any Subsidiary Guarantor under its Subsidiary Guaranty, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company or Company, the Parent and such Subsidiary Guarantor, as applicable.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Paychex Inc), Subsidiary Guaranty Agreement (Paychex Inc)

Priority of Obligations. The Company will ensure that the payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any each Subsidiary Guarantor under its respective Subsidiary GuarantyGuarantee, will at all times rank at least pari passu, without preference or priority, passu in right of payment with all other unsecured and unsubordinated Financial Indebtedness of the Company or and such Subsidiary Guarantor, as applicablerespectively, except for obligations mandatorily preferred by law applying to companies generally.

Appears in 1 contract

Samples: Note Purchase Agreement (Signet Group PLC)

Priority of Obligations. The Company will ensure that its payment obligations of the Company under this Agreement and the Notes, Notes and the payment obligations of any Subsidiary Guarantor under its Subsidiary GuarantyGuarantee, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Financial Indebtedness of the Company or and such Subsidiary Guarantor, as applicable.

Appears in 1 contract

Samples: Note Purchase Agreement (Smith & Nephew PLC)

Priority of Obligations. The payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any Subsidiary Guarantor under its Subsidiary Guaranty, rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company or such Subsidiary Guarantor, as applicable.. North Haven Private Income Fund LLC Note Purchase Agreement

Appears in 1 contract

Samples: Master Note Purchase Agreement (North Haven Private Income Fund LLC)

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Priority of Obligations. The payment Company will ensure that (x) the obligations of the Company under this Agreement and the NotesNotes will at all times rank at least pari passu, without preference or priority, at all times with all other unsecured and unsubordinated Indebtedness of the payment Company and (y) the obligations of any each Subsidiary Guarantor under its the Subsidiary Guaranty, Guarantee will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company or such Subsidiary Guarantor, as applicable.

Appears in 1 contract

Samples: Note Purchase Agreement (Luxottica Group Spa)

Priority of Obligations. The Company will ensure that its payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any Subsidiary Guarantor under its Subsidiary Guaranty, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company or such Subsidiary Guarantor, as applicable.

Appears in 1 contract

Samples: Note Purchase Agreement (Connecticut Water Service Inc / Ct)

Priority of Obligations. The Company will ensure that its payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any Subsidiary Note Guarantor under its Subsidiary Note Guaranty, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness Debt of the Company or and such Subsidiary Note Guarantor, as applicable.

Appears in 1 contract

Samples: Note Purchase Agreement (Kilroy Realty, L.P.)

Priority of Obligations. The Company will ensure that its payment obligations of the Company under this Agreement and the Notes, and the payment obligations of any Subsidiary Guarantor under its Subsidiary Guaranty, will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness Indebtedness44 of the Company or and such Subsidiary Guarantor, as applicable.

Appears in 1 contract

Samples: www.aciclaw.org

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