Common use of Covenant to Secure Notes Equally Clause in Contracts

Covenant to Secure Notes Equally. The Company covenants that if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Discovery Communications, Inc.), Amendment and Restatement Agreement (Discovery Communications, Inc.)

Covenant to Secure Notes Equally. The Company covenants that if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 10.4 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.

Appears in 2 contracts

Sources: Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc)

Covenant to Secure Notes Equally. The Company covenants that Guarantor will, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 5.2 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 177.2), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes Guaranteed Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness Debt thereby secured secured, so long as any such other Indebtedness Debt shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 5.2.

Appears in 2 contracts

Sources: Guaranty Agreement (Lee Enterprises, Inc), Guaranty Agreement (Pulitzer Inc)

Covenant to Secure Notes Equally. The Company covenants that if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 10.4 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured pursuant to security documentation in form and substance satisfactory to the Required Holders so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.

Appears in 2 contracts

Sources: Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc)

Covenant to Secure Notes Equally. The Company covenants that that, if it or any Restricted Material Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured.; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 6C.

Appears in 1 contract

Sources: Private Shelf Agreement (Advanced Drainage Systems, Inc.)

Covenant to Secure Notes Equally. The Company covenants that that, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 paragraph 6G (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness Debt thereby secured so long as any such other Indebtedness Debt shall be so secured.; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 6G.

Appears in 1 contract

Sources: Note Purchase Agreement (Quaker Fabric Corp /De/)

Covenant to Secure Notes Equally. The Company covenants that that, if it or any Restricted Subsidiary other Transaction Party shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured.; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 6C.

Appears in 1 contract

Sources: Private Shelf Agreement (Advanced Drainage Systems, Inc.)

Covenant to Secure Notes Equally. The Company Each Transaction Party covenants that that, if it or any Restricted Subsidiary of its Subsidiaries shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 paragraph 6A (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured.; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 6L6A.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Centerspace)

Covenant to Secure Notes Equally. The Company covenants that will, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assetsproperty, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 1717.1), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any such other Indebtedness shall be so securedway limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.3.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Delta Natural Gas Co Inc)

Covenant to Secure Notes Equally. The Company covenants that that, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 paragraph 6B (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11D), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness Debt thereby secured so long as any such other Indebtedness Debt shall be so secured.; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 6B.

Appears in 1 contract

Sources: Private Shelf Agreement (Corn Products International Inc)

Covenant to Secure Notes Equally. The Company covenants that will, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 paragraph 6B (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured.; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 6B.

Appears in 1 contract

Sources: Private Shelf Agreement (Saia Inc)

Covenant to Secure Notes Equally. The Company covenants that that, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 paragraph 6C (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 11C), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured.; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 6C.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Spartan Motors Inc)

Covenant to Secure Notes Equally. The Company covenants that will, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 paragraph 7C(l) (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 12C), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness Debt thereby secured secured, so long as any such other Indebtedness Debt shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 7C(1).

Appears in 1 contract

Sources: Note Agreement (Lee Enterprises, Inc)

Covenant to Secure Notes Equally. The If the Company covenants that if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17), it the Company will, and will cause each of its Restricted Subsidiaries to, make or cause to be made effective provision satisfactory in form and substance to the Majority Holders provisions whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.2.

Appears in 1 contract

Sources: Master Note Facility (Henry Schein Inc)

Covenant to Secure Notes Equally. The Company covenants that if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 (paragraph 6B unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17paragraph 12C), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured.; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of paragraph 6B.

Appears in 1 contract

Sources: Note Agreement (Gorman Rupp Co)

Covenant to Secure Notes Equally. The Company covenants that that, if it or any Restricted Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of Section 10.3 10.4 (unless prior written consent to the creation or assumption thereof shall have been obtained pursuant to Section 17), it will make or cause to be made effective provision satisfactory in form and substance to the Majority Holders whereby the Notes will be secured by such Lien equally and ratably with any and all other Indebtedness thereby secured so long as any such other Indebtedness shall be so secured; provided that the creation and maintenance of such equal and ratable Lien shall not in any way limit or modify the right of the holders of the Notes to enforce the provisions of Section 10.4.

Appears in 1 contract

Sources: Private Shelf Agreement (Oceaneering International Inc)