Common use of Covenant to Secure Notes Equally Clause in Contracts

Covenant to Secure Notes Equally. The Borrower 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 6.02 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenders), it will make or cause to be made effective provision whereby the Facility Obligations 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, however, that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 2 contracts

Sources: Parity Debt Credit Agreement (Star Gas Partners Lp), Parity Debt Credit Agreement (Star Gas Partners Lp)

Covenant to Secure Notes Equally. The Borrower Each Obligor 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 6.02 10.2 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenderspursuant to Section 18), it will make or cause to be made effective provision whereby the Facility Obligations 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, however, it being understood that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 2 contracts

Sources: First Mortgage Notes Agreement (Star Gas Partners Lp), Note Agreement (Star Gas Partners Lp)

Covenant to Secure Notes Equally. The Borrower 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 6.02 8.3 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenders), pursuant to Section 12.1) it will make or cause to be made effective provision whereby the Facility Obligations Loans 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, however, it being understood that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 1 contract

Sources: Credit Agreement (Amerigas Eagle Finance Corp)

Covenant to Secure Notes Equally. The Borrower 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 6.02 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenders), it will make or cause to be made effective provision whereby the Facility Facilities Obligations 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, however, that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 1 contract

Sources: Credit Agreement (Star Gas Partners Lp)

Covenant to Secure Notes Equally. The Borrower Operating Partnership 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 6.02 8.02 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenderspursuant to Section 11.08), it will make or cause to be made effective provision whereby the Facility Obligations MP Loans 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, however, it being understood that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 1 contract

Sources: Revolving Credit Agreement (Lakehead Pipe Line Partners L P)

Covenant to Secure Notes Equally. The Borrower 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 6.02 8.3 (unless prior written consent to the creation or assumption thereof shall have been obtained from the Required Lenders), pursuant to Section 12.1) it will make or cause to be made effective a provision whereby the Facility Obligations Loans 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, however, it being understood that the provision of such equal and ratable security shall not constitute a cure or waiver of any related Event of Default.

Appears in 1 contract

Sources: Credit Agreement (Amerigas Partners Lp)