Common use of Provisions Solely to Define Relative Rights Clause in Contracts

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders of the Securities the principal of and premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holder.

Appears in 5 contracts

Sources: Subordinated Debt Indenture (Emmis Television License Corp of Topeka), Subordinated Debt Indenture (Regent Broadcasting Midwest Inc), Subordinated Debt Indenture (Radio One Licenses LLC)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the Securities, Securities the obligation of the Company, Company which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 4 contracts

Sources: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt Indebtedness and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior DebtIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of and premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 4 contracts

Sources: Indenture (Ormat Technologies, Inc.), Indenture (St Paul Capital Trust Ii), Indenture (Ipc Holdings LTD)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt Indebtedness and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior DebtIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of and premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 3 contracts

Sources: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt Indenture (NYSE Holdings LLC)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities Notes the principal of (and premium, if any, ) and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities Notes and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 3 contracts

Sources: Indenture (Loews Cineplex Entertainment Corp), Indenture (Insilco Corp/De/), Indenture (Loews Cineplex Entertainment Corp)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt Indebtedness and the holders of the SecuritiesNoteholders, the obligation of the Company, Company which is absolute and unconditional (and which, subject to the :he rights under this Article of the holders of Senior DebtIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the holders of the Securities Noteholders the principal of (and premium, if any, ) and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders of the Securities Noteholders and creditors of the Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the holder Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 2 contracts

Sources: Indenture (Aurora Electronics Inc), Indenture (Cerplex Group Inc/De)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its the creditors of the Company other than holders of Senior Debt and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of and premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 2 contracts

Sources: Convertible Subordinated Notes Agreement (America Online Inc), Convertible Subordinated Notes Agreement (Rite Aid Corp)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities Notes the principal of (and premium, if any, ) and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities Notes and creditors of the Company Company, other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 2 contracts

Sources: Indenture (Phillips Van Heusen Corp /De/), Indenture (Phillips Van Heusen Corp /De/)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders of the Securities of any series on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the any Securities of any series is intended to or shall (a) impair, as among between the Company, its creditors other than holders of Senior Debt Company and the holders Holders of the SecuritiesSecurities of a series, the obligation obligations of the Company, which is are absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the holders Holders of the Securities the principal of and of, premium, if any, and any interest and Additional Amounts on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 2 contracts

Sources: Indenture (Metris Companies Inc), Indenture (Metris Companies Inc)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the Company, its creditors other than holders of Senior Debt Indebtedness and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior DebtIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of and premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior DebtIndebtedness; or (ciii) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 2 contracts

Sources: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), ) to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holder.,

Appears in 1 contract

Sources: Indenture (Transtexas Gas Corp)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), ) to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holder.

Appears in 1 contract

Sources: Indenture (Transtexas Gas Corp)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), ) to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise other wise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 1 contract

Sources: Indenture (Granite Broadcasting Corp)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), ) to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 1 contract

Sources: Indenture (Granite Broadcasting Corp)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder or to prohibit Securities Payments under the circumstances set forth in Section 1203.

Appears in 1 contract

Sources: Indenture (Pathology Building Partnership)

Provisions Solely to Define Relative Rights. The provisions of this Article Sections 11.2 through 11.5 hereof are and are intended solely for the purpose of defining the relative rights of the holders Securityholders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyIssuer, its creditors other than holders of Senior Debt and the holders of the SecuritiesSecurityholders, the obligation of the CompanyIssuer, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the CompanyIssuer), to pay to the holders of the Securities Securityholders the principal of and premium, if any, any Interest and interest other amounts due and payable on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Issuer of the holders of the Securities Securityholders and creditors of the Company Issuer other than the holders of Senior Debt; or (c) prevent the Trustee or the holder of any Security Securityholder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderSecurityholder.

Appears in 1 contract

Sources: Indenture (Bank Bradesco)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyCorporation, its creditors other than holders of Senior Debt Indebtedness and the holders Holders of the Securities, the obligation of the CompanyCorporation, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior DebtIndebtedness, is intended to rank equally with all other general obligations of the CompanyCorporation), to pay to the holders Holders of the Securities the principal of and premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Corporation of the holders Holders of the Securities and creditors of the Company Corporation other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 1 contract

Sources: Subordinated Indenture (Visteon Corp)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders of the Securities Notes the principal of and premium, if any, and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders of the Securities Notes and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holder.

Appears in 1 contract

Sources: Subordinated Debt Indenture (Interpublic Group of Companies Inc)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a1) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior DebtDebt of the Company, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or , (b2) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; Debt of the Company or (c3) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 1 contract

Sources: Subordinated Indenture (Newfield Exploration Co /De/)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders of the Securities, on the one hand hand, and the holders of Senior Debt Indebtedness, on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (unconditional, and which, subject to the rights under this Article of the holders of Senior DebtIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; , or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; Indebtedness, or (c) prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, securities or other property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 1 contract

Sources: Indenture (Offshore Logistics Inc)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt and the holders Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities the principal of (and premium, if any, ) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Indenture Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Indenture Trustee or such holderHolder.

Appears in 1 contract

Sources: Indenture (Prime Group Realty Trust)

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the holders Holders of the Notes on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Supplemental Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its the creditors of the Company other than holders of Senior Debt and the holders Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the holders Holders of the Securities Notes the principal of and premium, if any, and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders Holders of the Securities Notes and creditors of the Company other than the holders of Senior Debt; or (c) prevent the Trustee or the holder Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such holderHolder.

Appears in 1 contract

Sources: Supplemental Indenture (Aol Time Warner Inc)

Provisions Solely to Define Relative Rights. The provisions of this Article 11 are and are intended solely for the purpose of defining the relative rights of the holders Holders on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article 11 or elsewhere in this Indenture or in the Securities Notes is intended to or shall shall: (a) impair, as among the Company, its creditors other than holders of Senior Debt Indebtedness and the holders of the SecuritiesHolders, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article 11 of the holders of Senior DebtIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the holders of Holders the Securities the principal of and premiumPrincipal or repurchase price, if any, of and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the holders of the Securities Holders and creditors of the Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the holder of any Security Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 11 of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or of such holderHolder.

Appears in 1 contract

Sources: Indenture (Heico Corp)