Common use of Trust Moneys Not Subordinated Clause in Contracts

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof shall be obligated to pay over any such amount to the Issuers, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors or any other creditor of the Issuers or the Guarantor.

Appears in 18 contracts

Samples: Indenture (Trust Energy Company, LLC), Indenture (Hep Slc, LLC), Indenture (HEP Mountain Home, L.L.C.)

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Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersPartnership, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers Partnership or the Subsidiary Guarantors or any other creditor of the Issuers Partnership or the Guarantor.

Appears in 11 contracts

Samples: Indenture (Spectra Energy Partners, LP), Indenture (Kerr-McGee Gathering LLC), Indenture (Oiltanking Partners, L.P.)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, of and interest on, on the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or Guarantor Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof Securityholders shall be obligated to pay over any such amount to the IssuersCompany, the any Subsidiary Guarantors or Guarantor, any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors Company, any holder of Guarantor Senior Indebtedness or any other creditor of the Issuers Company or the any Subsidiary Guarantor.

Appears in 9 contracts

Samples: Management Services Agreement (Windy Hill Pet Food Co Inc), Indenture (Aurora Foods Inc /De/), Indenture (Aurora Foods Inc /Md/)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof shall be obligated to pay over any such amount to the Issuers, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors or any other creditor of the Issuers or the GuarantorSubsidiary Guarantors.

Appears in 5 contracts

Samples: Indenture (Encore Energy Partners Operating LLC), Indenture (Linn Energy Finance Corp.), Indenture (Crosstex Eunice, LLC)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersPartnership, the Subsidiary Guarantors Guarantor or any holder of Senior Indebtedness of the Issuers Partnership or the Subsidiary Guarantors Guarantor or any other creditor of the Issuers Partnership or the Guarantor.

Appears in 4 contracts

Samples: Martin Operating Partnership L.P., Martin Operating Partnership L.P., Martin Operating Partnership L.P.

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations Securities held in trust under Article XI 8 by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XII11, and none of the Holders thereof shall be obligated to pay over any such amount to the Issuers, the Subsidiary Guarantors any Guarantor or any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors any Guarantor or any other creditor of the Issuers or the any Guarantor.

Appears in 3 contracts

Samples: Indenture (Chesapeake MLP Operating LLC), Access Midstream Partners Lp, Access Permian Midstream LLC

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article ARTICLE XI by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article ARTICLE XII, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersCompany, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers Company or the Subsidiary Guarantors or any other creditor of the Issuers Company or the Guarantor.

Appears in 3 contracts

Samples: Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersPartnership, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers Partnership or the Subsidiary Guarantors or any other creditor of the Issuers Partnership or the GuarantorSubsidiary Guarantors.

Appears in 3 contracts

Samples: ETC Texas Pipeline, LTD, Heritage Operating Lp, Heritage Propane Partners L P

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersCompany, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers Company or the Subsidiary Guarantors or any other creditor of the Issuers Company or the Guarantor.

Appears in 3 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (EnLink Midstream, LLC), Indenture (RAIT Financial Trust)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI Eight by the Trustee for the payment of principal of, and premium, if any, any premium and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIEleven, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersCompany, the any Subsidiary Guarantors Guarantor or any holder of Senior Indebtedness of the Issuers Company or the any Subsidiary Guarantors Guarantor or any other creditor of the Issuers Company or the any Subsidiary Guarantor.

Appears in 3 contracts

Samples: Chesapeake Energy Marketing Inc, Mc Louisiana Minerals LLC, Chesapeake Energy Corp

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersCompany, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors or any other creditor of the Issuers Company or the GuarantorSubsidiary Guarantors.

Appears in 3 contracts

Samples: Indenture (AMI 2, Inc.), Quail Usa LLC, Pardril Inc

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersCompany, the Subsidiary Guarantors Guarantor or any holder of Senior Indebtedness of the Issuers Company or the Subsidiary Guarantors Guarantor or any other creditor of the Issuers Company or the Guarantor.

Appears in 1 contract

Samples: Enterprise Products Partners L P

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof shall be obligated to pay over any such amount to the Issuers, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors or any other creditor of the Issuers or the GuarantorSubsidiary Guarantors.

Appears in 1 contract

Samples: Indenture (EQT MIDSTREAM FINANCE Corp)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, 78 72 payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, of and interest on, on the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or Guarantor Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof Securityholders shall be obligated to pay over any such amount to the IssuersCompany, the any Subsidiary Guarantors or Guarantor, any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors Company, any holder of Guarantor Senior Indebtedness or any other creditor of the Issuers Company or the any Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Wire Harness Industries Inc)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, of and interest on, on the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or Subsidiary Guarantor Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof Securityholders shall be obligated to pay over any such amount to the IssuersCompany, the any Subsidiary Guarantors or Guarantor, any holder of Senior Indebtedness of the Issuers or the Company, any holder of Subsidiary Guarantors Guarantor Senior Indebtedness or any other creditor of the Issuers Company or the any Subsidiary Guarantor.

Appears in 1 contract

Samples: Ero Marketing Inc

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Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersPartnership, the Guarantor, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors or any other creditor of the Issuers Partnership, the Guarantor or the GuarantorSubsidiary Guarantors.

Appears in 1 contract

Samples: Indenture (K-Sea Transportation Inc.)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersPartnership, the Guarantor, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers Partnership, the Guarantor or the Subsidiary Guarantors or any other creditor of the Issuers Partnership, the Guarantor or the GuarantorSubsidiary Guarantors.

Appears in 1 contract

Samples: Indenture (Heritage Propane Partners L P)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the any other Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof shall be obligated to pay over any such amount to the Issuers, the Guarantor, the Subsidiary Guarantors or any holder of Senior Indebtedness of an Issuer, the Issuers Guarantor or the Subsidiary Guarantors or any other creditor of an Issuer, the Issuers Guarantor or the any Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Finance Corp.)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersIssuer, the Subsidiary Guarantors Guarantor or any holder of Senior Indebtedness of the Issuers Issuer or the Subsidiary Guarantors Guarantor or any other creditor of the Issuers Issuer or the Guarantor.

Appears in 1 contract

Samples: MPLX Operations LLC

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XIIX, and none of the Holders thereof shall be obligated to pay over any such amount to the IssuersPartnership, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors or any other creditor of the Issuers Partnership or the GuarantorSubsidiary Guarantors.

Appears in 1 contract

Samples: Indenture (K-Sea Transportation Inc.)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, and interest on, on the Subordinated Debt Securities or the Debt Securities Guarantees (if any) shall not be subordinated to the prior payment of any Guarantor Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof Securityholders shall be obligated to pay over any such amount to the IssuersCompany, the Subsidiary Guarantors or any holder of Guarantor Senior Indebtedness of the Issuers or the Subsidiary Guarantors Indebtedness, or any other creditor of the Issuers or the such Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Eye Care Centers of America Inc)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments (i) from money or the proceeds of U.S. Government Obligations held in trust under Article XI 12 by the Trustee or (ii) in the form of Permitted Junior Securities, for the payment of principal ofprincipal, and premium, if any, and or interest on, on the Subordinated Debt Securities or the Debt Securities Notes shall not be subordinated to the prior payment of any Guarantor Senior Indebtedness of any Subsidiary Guarantor or subject to the restrictions set forth in this Article XII15, and none of the Holders thereof shall be obligated to pay over any such amount to the Issuers, the any Subsidiary Guarantors Guarantor or any holder of Guarantor Senior Indebtedness of the Issuers or the any Subsidiary Guarantors Guarantor or any other creditor of the Issuers or the any Subsidiary Guarantor.

Appears in 1 contract

Samples: Atlantic Health Group Inc

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI by the Trustee for the payment of principal of, and premium, if any, and interest on, the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof shall be obligated to pay over any such amount to the Issuers, the Subsidiary Guarantors or any holder of Senior Indebtedness of the Issuers or the Subsidiary Guarantors or any other creditor of the Issuers or the GuarantorSubsidiary Guarantors.

Appears in 1 contract

Samples: PSE Finance Corp

Trust Moneys Not Subordinated. Notwithstanding ----------------------------- anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Obligations held in trust under Article XI VIII by the Trustee for the payment of principal of, and premium, if any, of and interest on, on the Subordinated Debt Securities or the Debt Securities shall not be subordinated to the prior payment of any Subsidiary Guarantor's Senior Indebtedness or subject to the restrictions set forth in this Article XII, and none of the Holders thereof Securityholders shall be obligated to pay over any such amount to the Issuers, the such Subsidiary Guarantors Guarantor or any holder of such Subsidiary Guarantor's Senior Indebtedness of the Issuers or the Subsidiary Guarantors or any other creditor of the Issuers or the such Subsidiary Guarantor.

Appears in 1 contract

Samples: Marson Creative Fastener Inc

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