Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 hereof shall not be subordinated to the prior payment of any Senior Indebtedness of any Guarantor or subject to the restrictions set forth in this Article 12, and none of the Holders shall be obligated to pay over any such amount to such Guarantor or any holder of Senior Indebtedness of such Guarantor or any other creditor of such Guarantor, provided that the subordination provisions of this Article 12 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 hereof, as the case may be
Appears in 3 contracts
Samples: Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.), Indenture (Avago Technologies LTD), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 hereof of the Indenture shall not be subordinated to the prior payment of any Senior Indebtedness of any the Parent Guarantor or subject to the restrictions set forth in this Article 12II, and none of the Holders shall be obligated to pay over any such amount to such the Issuer, the Parent Guarantor or any holder of Senior Indebtedness of such the Parent Guarantor or any other creditor of such the Parent Guarantor, ; provided that the subordination provisions of this Article 12 II were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 hereof, as the case may be.
Appears in 3 contracts
Samples: Supplemental Indenture (Realogy Corp), Realogy Corp, Realogy Corp
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 12 hereof shall not be subordinated to the prior payment of any Designated Senior Indebtedness Claim of any the Note Guarantor or subject to the restrictions set forth in this Article 1211, and none of the Holders shall be obligated to pay over any such amount to such the Note Guarantor or any holder of any Designated Senior Indebtedness Claim of such the Note Guarantor or any other creditor of such the Note Guarantor, provided that that, the subordination provisions of this Article 12 11 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 12 hereof, as the case may be.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Centrus Energy Corp), Security Agreement (United States Enrichment Corp), Usec Inc
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal (including any accretion) of and interest on the Notes pursuant to Article 8 or Article 13 12 hereof shall not be subordinated to the prior payment of any Designated Senior Indebtedness of any Guarantor or subject to the restrictions set forth in this Article 1211, and none of the Holders shall be obligated to pay over any such amount to such Guarantor or any holder of Designated Senior Indebtedness of such Guarantor or any other creditor of such Guarantor; provided, provided that the subordination provisions of this Article 12 11 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 12 hereof, as the case may be, and such deposit was otherwise made in accordance with Article 8 or Article 12 hereof.
Appears in 2 contracts
Samples: Indenture (Clear Channel Communications Inc), Indenture (C C Media Holdings Inc)
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 Eight hereof shall not be subordinated to the prior payment of any Senior Indebtedness of any Guarantor or subject to the restrictions set forth in this Article 12Twelve, and none of the Holders shall be obligated to pay over any such amount to such Guarantor or any holder of Senior Indebtedness of such Guarantor or any other creditor of such Guarantor, provided that the subordination provisions of this Article 12 Twelve were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 hereof, as the case may beEight.
Appears in 2 contracts
Samples: Interline (Interline Brands, Inc./De), Universal City Travel Partners
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust by the Trustee for the payment of principal of and interest on the Notes Securities pursuant to Article 8 or Article 13 hereof shall not be subordinated to the prior payment of any Designated Senior Indebtedness of guaranteed by any Guarantor or subject to the restrictions set forth in this Article 1213, and none of the Holders shall be obligated to pay over any such amount to such Guarantor or any holder of Designated Senior Indebtedness of guaranteed by such Guarantor or any other creditor of such Guarantor, provided that the subordination provisions of this Article 12 13 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 hereof, as the case may be.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Boart Longyear Suisse Sarl), Fourth Supplemental Indenture (Boart Longyear LTD)
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal (including any accretion) of and interest on the Notes pursuant to Article 8 or Article 13 12 hereof shall not be subordinated to the prior payment of any Designated Senior Indebtedness of any Guarantor or subject to the restrictions set forth in this Article 1211, and none of the Holders shall be obligated to pay over any such amount to such Guarantor or any holder of Designated Senior Indebtedness of such Guarantor or any other creditor of such Guarantor; provided , provided that the subordination provisions of this Article 12 11 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 12 hereof, as the case may be, and such deposit was otherwise made in accordance with Article 8 or Article 12 hereof.
Appears in 1 contract
Samples: Indenture (CC Media Holdings Inc)
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust by the Trustee for the payment of principal of and interest on the Notes pursuant to Article 8 or Article 13 11 hereof shall not be subordinated to the prior payment of any Senior Indebtedness Debt of any Guarantor or subject to the restrictions set forth in this Article 1213, and none of the Holders shall be obligated to pay over any such amount to such Guarantor or any holder of Senior Indebtedness Debt of such Guarantor or any other creditor of such Guarantor, provided that the subordination provisions of this Article 12 13 were not violated at the time the applicable amounts were deposited in trust pursuant to Article 8 or Article 13 11 hereof, as the case may be.
Appears in 1 contract
Samples: Indenture (Cinemark Usa Inc /Tx)