Common use of Obligations of the Company Unconditional Clause in Contracts

Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the Securities, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 4 contracts

Samples: Indenture (Family Golf Centers Inc), American Skiing Co /Me, Einstein Noah Bagel Corp

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Obligations of the Company Unconditional. Nothing contained in this Article 5 Ten or elsewhere in this Indenture or in any Security the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the HoldersHolders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and any interest on the Securities, Securities as and when the same shall become due and payable in accordance with the terms of the Securitiestheir terms, or is intended to or shall affect the relative rights of the Holders of the Securities and other creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Security or the Trustee or any Holder on its behalf from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 3 contracts

Samples: Indenture (Chancellor Radio Broadcasting Co), Amcast Radio Sales Inc, Chancellor Media Mw Sign Corp

Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the Securities, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.

Appears in 3 contracts

Samples: Birner Dental Management Services Inc, Sterling Software Inc, Birner Dental Management Services Inc

Obligations of the Company Unconditional. Nothing contained in this Article 5 12 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the Securities, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 87, and the rights, if any, under this Article 5 12 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Indenture (Global Telesystems Group Inc), Commonwealth Telephone Enterprises Inc /New/

Obligations of the Company Unconditional. Nothing contained in this Article 5 IV or elsewhere in this Indenture or in any Security Note is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesNotes, as and when the same shall become due and payable in accordance with the terms of the SecuritiesNotes, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8VIII, and the rights, if any, under this Article 5 IV of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Atlantic Coast Airlines Inc, Atlantic Coast Airlines Inc

Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this First Supplemental Indenture or in any Security Note is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, impair the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesNotes, as and when the same shall become due and payable in accordance with the terms of the SecuritiesNotes, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this First Supplemental Indenture or the Indenture, subject to the provisions of Article 86 of the Indenture, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: First Supplemental Indenture (Natural Microsystems Corp), Natural Microsystems Corp

Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security Debenture is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesDebentures, as and when the same shall become due and payable in accordance with the terms of the SecuritiesDebentures, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Skytel Communications Inc, Mci Worldcom Inc

Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the SecuritiesSecurities and this Indenture, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, 8 and to the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Registration Rights Agreement (Act Manufacturing Inc), Usinternetworking Inc

Obligations of the Company Unconditional. Nothing any contained in this Article 5 Ten or elsewhere in this Indenture or in any Security the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the HoldersHolders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and any interest on the Securities, Notes as and when the same shall become due and payable in accordance with the terms of the Securitiestheir terms, or is intended to or shall affect the relative rights of the Holders of the Notes and other creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Note or the Trustee or any Holder on its behalf from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Federal Data Corp /Fa/, Tracor Inc /De

Obligations of the Company Unconditional. Nothing contained in this Article 5 4 or elsewhere in this Indenture or in any Security Debenture is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, impair the obligation of the Company, which is absolute and unconditional, to pay to the Holders holders of Debentures the principal of of, premium, if any, and interest on the SecuritiesDebentures, as and when the same shall become due and payable in accordance with the terms of the SecuritiesDebentures, or to affect the relative rights of the Holders holders of Debentures and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder holder of Debentures from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 4 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Indenture (Gencorp Inc)

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Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the SecuritiesSecurities and this Indenture, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.

Appears in 1 contract

Samples: Beyond Com Corp

Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior IndebtednessDebt, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on (including Additional Interest, if any) the Securities, Securities as and when the same shall become due and payable in accordance with the terms of the Securitiestheir terms, or is intended to or shall affect the relative rights of the Holders and other creditors of the Company other than the holders of any Senior IndebtednessDebt, nor shall anything herein or therein prevent the Holders or the Trustee or any Holder on their behalf from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness Debt in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Indenture (Flextronics International LTD)

Obligations of the Company Unconditional. Nothing contained in this Article 5 12 or elsewhere in this Indenture or in any Security Note is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesNotes, as and when the same shall become due and payable in accordance with the terms of the SecuritiesNotes, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 87, and the rights, if any, under this Article 5 12 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security Note is intended to or shall impair, as by and among the Company, its creditors other than the holders of Senior Indebtedness, Guarantor and any Subsidiary Guarantor and the Holders, the obligation obligations of the CompanyCompany and the Guarantor and any Subsidiary Guarantor, which is are absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, Notes as and when the same shall become due and payable in accordance with the terms of the Securitiestheir terms, or is intended to or shall affect the relative rights of the Holders and other creditors of the Company Company, other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 Article, of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.Company

Appears in 1 contract

Samples: Homeplex Mortgage Investments Corp

Obligations of the Company Unconditional. Nothing contained in this Article 5 X or elsewhere in this Sup- plemental Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior IndebtednessDebt, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Securities, Obligations owing un- der the Notes as and when the same shall become due and payable in accordance accor- dance with the terms of the Securitiestheir terms, or is intended to or shall affect the relative rights of the Holders and other creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent any Holder or the Trustee or any Holder on its behalf from exercising all remedies otherwise permitted permit- xxx by applicable law upon the happening of an Event of Default default under this Supplemental Indenture, subject sub- ject to the provisions of Article 8, and the rights, if any, under this Article 5 X, of the holders of Senior Indebtedness Debt in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.. Section 10.07

Appears in 1 contract

Samples: Hollywood Entertainment Corp

Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesSubordinated Security Obligations, as and when the same shall become due and payable in accordance with the terms of the SecuritiesSecurities and this Indenture, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8of, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.

Appears in 1 contract

Samples: Alza Corp

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