Common use of Senior Indebtedness Status Clause in Contracts

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such Person.

Appears in 24 contracts

Samples: Assignment Agreement (Apyx Medical Corp), Credit and Security Agreement (Alpha Teknova, Inc.), Credit and Security Agreement (Akoya Biosciences, Inc.)

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Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 15 contracts

Samples: Fourth Amendment (AbitibiBowater Inc.), Fourth Amendment (Bowater Inc), Credit Agreement (Beacon Roofing Supply Inc)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 12 contracts

Samples: Credit Agreement (Supreme Industries Inc), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Patrick Industries Inc)

Senior Indebtedness Status. The Obligations of the Borrower and each Credit Party of its Restricted Subsidiaries under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations of each such Person under this Agreement and is designated as “Senior Subordinated Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such Person.

Appears in 9 contracts

Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (Corrections Corp of America), Credit Agreement (Corrections Corp of America)

Senior Indebtedness Status. The Obligations of each Credit Loan Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 9 contracts

Samples: Credit Agreement (Phoenix Consulting Group, LLC), Credit Agreement (Quanex Building Products CORP), Credit Agreement (Delta Tucker Holdings, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as "Senior Indebtedness” (or an equivalent term) " under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 8 contracts

Samples: Seventh Amendment (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.), Third Amendment and Waiver (AbitibiBowater Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party and each Restricted Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 7 contracts

Samples: Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc), Credit Agreement (Synaptics Inc)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated Subordinated Indebtedness and effectively senior to the Obligations extent of the value of the Collateral to all unsubordinated unsecured Indebtedness of each such Person under this Agreement and and, to the extent applicable, is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Indebtedness.

Appears in 5 contracts

Samples: Credit Agreement (Copart Inc), Credit Agreement (Copart Inc), Credit Agreement (Copart Inc)

Senior Indebtedness Status. The Obligations of each Credit Loan Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks (a) ranks, and shall continue to rank rank, at least senior in priority of payment to all Subordinated Debt that is contractually subordinated to the Obligations and pari passu in right of payment with all senior Indebtedness of each such Person under this Agreement and (b) is designated as “Senior Indebtedness” (or an equivalent termany comparable designation) under all instruments and documents, now or in the future, relating to all evidencing Subordinated Debt that is contractually subordinated to the Obligations under this Agreement of each such Person.

Appears in 4 contracts

Samples: Credit Agreement (Turning Point Brands, Inc.), Assignment and Assumption (Turning Point Brands, Inc.), Second Lien Credit Agreement (Turning Point Brands, Inc.)

Senior Indebtedness Status. The Loan Document Obligations of each Credit Loan Party under this Agreement and each of the other Financing Loan Documents ranks rank and shall continue to rank at least senior in priority of payment to all Junior Debt that is contractually subordinated to the Obligations and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as constitute “Senior Indebtedness” (or an equivalent any other similar term) under all instruments and documents, now or in the future, relating to all Junior Debt that is contractually subordinated to the Obligations under this Agreement and all senior unsecured Indebtedness of each such Person.

Appears in 4 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents (a) ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated Subordinated Indebtedness and at least equal in priority to the Obligations all senior secured or unsecured Indebtedness of each such Person under this Agreement and (b) is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Indebtedness.

Appears in 4 contracts

Samples: Credit Agreement (Fossil Inc), Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Documents ranks rank and shall continue to rank at least senior in priority of payment to all subordinated Debt that is contractually subordinated to the Obligations of each such Person under this Agreement Credit Party and is shall be designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all subordinated Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonCredit Party.

Appears in 4 contracts

Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)

Senior Indebtedness Status. The Obligations of each Credit Loan Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Subordinated Debt that is contractually subordinated to the Obligations of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all senior unsecured Debt that is contractually subordinated to the Obligations under this Agreement of each such Person.

Appears in 3 contracts

Samples: Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Credit Agreement (CorEnergy Infrastructure Trust, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Credit Documents ranks and shall continue to rank at least senior in priority of payment to all Subordinated Debt that is contractually subordinated to the Obligations and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Subordinated Debt that is contractually subordinated to the Obligations under this Agreement and all senior unsecured Indebtedness of each such Person.

Appears in 3 contracts

Samples: Credit Agreement (Cree Inc), Credit Agreement (Cree, Inc.), Credit Agreement (Cree Inc)

Senior Indebtedness Status. The Obligations of the Company and each other Credit Party under this Agreement and each of the other Financing Loan Documents ranks rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) otherwise treated as senior debt under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 3 contracts

Samples: Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc)

Senior Indebtedness Status. The Obligations of each Credit Loan Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks (a) rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated Subordinated Indebtedness and at least equal in priority to the Obligations all senior unsecured Indebtedness of each such Person under this Agreement and is (b) are designated as “Senior Indebtedness” (or an equivalent termthe equivalent) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 3 contracts

Samples: Credit Agreement (On Assignment Inc), Credit Agreement (On Assignment Inc), Credit Agreement (ASGN Inc)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 3 contracts

Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Credit Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent termother similar term as applicable) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Indebtedness of each such Person.

Appears in 3 contracts

Samples: Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks (x) ranks, and shall continue to rank rank, at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and pari passu in right of payment with all senior Indebtedness of each such Person under this Agreement and (y) is designated as “Senior Indebtedness” (or an equivalent termany comparable designation) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement evidencing Subordinated Indebtedness of each such Person.

Appears in 3 contracts

Samples: Assignment and Assumption (Turning Point Brands, Inc.), Patent Security Agreement (Turning Point Brands, Inc.), Assignment and Assumption (Turning Point Brands, Inc.)

Senior Indebtedness Status. The Loan Obligations of each Credit Party under this Agreement and each of the other Financing Documents ranks rank and shall continue to rank at least senior in priority of payment to all Subordinated Debt that is contractually subordinated to the Obligations of each such Person under this Agreement Credit Party and is designated as “Senior Indebtedness” (or an equivalent similar term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Debt.

Appears in 2 contracts

Samples: Credit Agreement (Interval Leisure Group, Inc.), Credit Agreement (Interval Leisure Group, Inc.)

Senior Indebtedness Status. The Obligations and Secured Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 2 contracts

Samples: Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Macquarie Infrastructure CO LLC)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 2 contracts

Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks (a) rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated Subordinated Indebtedness and at least equal in priority to the Obligations all senior secured or unsecured Indebtedness of each such Person under this Agreement and (b) is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Alon Brands, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations of each such Person under this Agreement Subordinated Indebtedness and is designated as “Senior Indebtedness” (or an the equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 2 contracts

Samples: Credit Agreement (STAMPS.COM Inc), Credit Agreement (STAMPS.COM Inc)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Documents ranks rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations indebtedness of each such Person under this Agreement Credit Party and is shall be designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement indebtedness of each such PersonCredit Party.

Appears in 2 contracts

Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)

Senior Indebtedness Status. The Secured Obligations of each Credit Loan Party and its Subsidiary under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Subordinated Debt that is contractually subordinated to (including the Obligations Convertible Notes) and all senior unsecured Indebtedness of each such Person under this Agreement Person, and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Subordinated Debt that is contractually subordinated to (other than the Obligations under this Agreement Convertible Notes) and all senior unsecured Indebtedness of each such Person.

Appears in 2 contracts

Samples: Credit Agreement (Envestnet, Inc.), Credit Agreement (Envestnet, Inc.)

Senior Indebtedness Status. The Obligations of the Borrower and each other Credit Party under this Agreement and each of the other Financing Loan Documents ranks rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) otherwise treated as senior debt under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 2 contracts

Samples: Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated Subordinated Indebtedness and at least on a pari passu basis to the Obligations all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 2 contracts

Samples: Credit Agreement (Blucora, Inc.), Credit Agreement (Blucora, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 2 contracts

Samples: Credit Agreement (Kronos Worldwide Inc), Credit Agreement (Kronos Worldwide Inc)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Lubys Inc)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Documents Operative Agreements ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 1 contract

Samples: Participation Agreement (Nvidia Corp)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to evidencing all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Indebtedness.

Appears in 1 contract

Samples: Assignment and Assumption (Mitel Networks Corp)

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Senior Indebtedness Status. The Obligations of each Credit Loan Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent termthe equivalent) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (On Assignment Inc)

Senior Indebtedness Status. The From and after the Closing Date, the Obligations of each Credit Loan Party under this Agreement and each of the other Financing Loan Documents ranks rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (Coeur Mining, Inc.)

Senior Indebtedness Status. (a) . The Obligations of each Credit Party under this Agreement and each of the other Financing Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such Person.

Appears in 1 contract

Samples: Credit and Security Agreement (Alpha Teknova, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such Person.as

Appears in 1 contract

Samples: Third Amendment and Waiver (Bowater Inc)

Senior Indebtedness Status. The From and after the Closing Date, the Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 1 contract

Samples: Pledge Agreement (Coeur D Alene Mines Corp)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Documents ranks and shall continue to rank at least senior in priority of payment to all Debt (and Contingent Obligations) that is contractually subordinated to the Obligations of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt (and Contingent Obligations) that is contractually subordinated to the Obligations under this Agreement of each such Person.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (Us Ecology, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents (a) ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated Subordinated Indebtedness and at least equal in priority to the Obligations all senior secured or unsecured Indebtedness of each such Person under this Agreement and (b) is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Fossil Inc)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person. SECTION 8.22. SECTION 8.22. [Reserved].

Appears in 1 contract

Samples: Credit Agreement (Beacon Roofing Supply Inc)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such Person.. ​ ​ ​

Appears in 1 contract

Samples: Credit and Security Agreement (Akoya Biosciences, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Loan Party and each Restricted Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks (a) rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated Subordinated Indebtedness and at least equal in priority to the Obligations all senior unsecured Indebtedness of each such Person under this Agreement and is (b) are or will be designated as “Senior Indebtedness” (or an equivalent termthe equivalent) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (Plantronics Inc /Ca/)

Senior Indebtedness Status. The Obligations of each the Credit Party Parties under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (Atlas Pipeline Partners Lp)

Senior Indebtedness Status. The Secured Obligations of each Credit Loan Party and its Restricted Subsidiary under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Subordinated Debt that is contractually subordinated to (including the Obligations Convertible Notes) and all senior unsecured Indebtedness of each such Person under this Agreement Person, and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Subordinated Debt that is contractually subordinated to (other than the Obligations under this Agreement Convertible Notes) and all senior unsecured Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (Envestnet, Inc.)

Senior Indebtedness Status. The Secured Obligations of each Credit Loan Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Subordinated Debt that is contractually subordinated to the Obligations and all senior unsecured Indebtedness of each such Person under this Agreement Person, and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Subordinated Debt that is contractually subordinated to the Obligations under this Agreement and all senior unsecured Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (Dynatrace, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness of each such Person.. 89

Appears in 1 contract

Samples: Restatement and Lender Joinder Agreement (Beacon Roofing Supply Inc)

Senior Indebtedness Status. The Obligations of each Credit Party and each of its Subsidiaries under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an the equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (PRA International)

Senior Indebtedness Status. The Obligations of each Credit Party and each Subsidiary thereof under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement Subordinated Indebtedness and all senior unsecured Indebtedness of each such Person.. SECTION 7.23

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations of each such Person under this Agreement Subordinated Indebtedness and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Global Power Equipment Group Inc.)

Senior Indebtedness Status. The Obligations of each Credit Transaction Party under this Agreement and each of the other Financing Transaction Documents ranks rank and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated Subordinated Indebtedness and effectively senior to the Obligations extent of the value of the Collateral to all unsubordinated unsecured Indebtedness of each such Person under this Agreement and and, to the extent applicable, is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such PersonSubordinated Indebtedness.

Appears in 1 contract

Samples: Note Purchase Agreement (Copart Inc)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Loan Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations of each such Person under this Agreement Subordinated Indebtedness and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each documents evidencing such PersonSubordinated Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Boot Barn Holdings, Inc.)

Senior Indebtedness Status. The Obligations of each Credit Party under this Agreement and each of the other Financing Credit Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations Indebtedness and rank pari passu in priority of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating payment to all Debt that is contractually subordinated to the Obligations under this Agreement senior unsecured Indebtedness of each such Person.

Appears in 1 contract

Samples: Credit Agreement (Manning & Napier, Inc.)

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