Common use of Obligations of the Company Unconditional Clause in Contracts

Obligations of the Company Unconditional. Nothing contained in this Article Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the Company, 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 Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the Company, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 6 contracts

Samples: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Amida Industries Inc)

AutoNDA by SimpleDocs

Obligations of the Company Unconditional. Nothing any contained in this Article Ten X or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyIndebtedness, 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 Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Supplemental Indenture (PSS Holding Inc), Supplemental Indenture (Everest One Ipa Inc)

Obligations of the Company Unconditional. Nothing contained in this Article Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyDebt, 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 Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Neff Corp, Info Usa

Obligations of the Company Unconditional. Nothing contained in this Article Ten 13 or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the Company, Debt 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 Notes Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the any Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the Holder of any Note Holders or the Trustee on its their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 13 of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Penske Automotive Group, Inc., United Nissan Inc / Tn

Obligations of the Company Unconditional. Nothing any contained in this Article Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyDebt, 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 Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Landmark Theatre Corp, Koppers Industries Inc

Obligations of the Company Unconditional. Nothing contained in this Article Ten XIV or elsewhere in this Indenture or in the Notes Debentures is intended to or shall impair, as among between the Company, its creditors other than Company and the holders of Senior Indebtedness the Debentures of the Company, and the Holdersany series, the obligation of the Company, which is absolute and unconditional, to pay to the Holders such holders the principal of of, any premium and any interest on or any Additional Amounts with respect to the Notes Debentures of such series as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders such holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the Holder of Trustee or any Note or the Trustee on its behalf holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XIV, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.. Notwithstanding anything to the contrary in this Article XIV or elsewhere in this Indenture or in the Debentures,

Appears in 1 contract

Samples: Centex Trust Ii

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

Appears in 1 contract

Samples: Quintiles Transnational Corp

Obligations of the Company Unconditional. Nothing ---------------------------------------- contained in this Article Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyDebt, 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 Obligations owing under the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the any Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Ten, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Manitowoc Co Inc

Obligations of the Company Unconditional. Nothing contained in this Article Ten 11 or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its Company and it creditors other than the holders of Senior Indebtedness of the Company, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of of, premium, if any, on and any interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the any Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default Default under this Indenture, subject to the rights, if any, under this Article 11 of the holders of Senior Indebtedness in respect of cash, property Property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Indenture (MMH Holdings Inc)

Obligations of the Company Unconditional. Nothing contained in this Article Ten Eleven or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyIndebtedness, 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 Notes Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the Holder of any Note Security or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Aearo CO I

AutoNDA by SimpleDocs

Obligations of the Company Unconditional. Nothing contained in this Article Ten 12 or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Designated Senior Indebtedness of the CompanyDebt, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any premium, if any, and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Designated Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Indenture (Federal Mogul Corp)

Obligations of the Company Unconditional. Nothing contained in this Article Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyDebt, 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 Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein in the Notes prevent the Holder of any Note or the Trustee on its behalf Holders from exercising all remedies otherwise permitted by all applicable law upon default under this IndentureIndenture and the Notes, subject to the rightsprovisions of Sections 10.02, if any, 10.03 and 10.04 and the rights of holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Securities Purchase Agreement (Symbion Inc/Tn)

Obligations of the Company Unconditional. Nothing contained in this Article Ten 12 or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyIndebtedness, and the Holders, the obligation Obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Obligations owing under the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the any Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Indenture (Cincinnati Bell Inc)

Obligations of the Company Unconditional. Nothing contained in this Article Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyDebt, 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 Obligations owing under the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the any Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Ten, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Manitowoc Co Inc

Obligations of the Company Unconditional. Nothing contained in this Article Ten or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyDebt, 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 Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Indenture (Dyncorp)

Obligations of the Company Unconditional. Nothing contained in this Article Ten Eleven or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness of the CompanyDebt, 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 Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyDebt, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Section 11.07.

Appears in 1 contract

Samples: Sitel Corp

Time is Money Join Law Insider Premium to draft better contracts faster.