Issuance of the Senior Notes. The Senior Notes have been duly authorized and, at the Closing Time, will have been duly executed by the Trust and, when authenticated, issued and delivered in the manner provided for in the Indenture and delivered against payment of the purchase price therefor as provided in this Agreement, will constitute valid and binding obligations of the Trust, enforceable against the Trust in accordance with their terms, except as the enforcement may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), moratorium, reorganization or other similar laws affecting enforcement of creditors' rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law), and will be in the form contemplated by, and entitled to the benefits of, the Indenture and Trust Agreement.
Issuance of the Senior Notes. The Senior Notes have been duly ----------------------------- authorized and, at the Closing Date, will have been duly executed by the Trust and, when authenticated, issued and delivered in the manner provided for in the Indenture and delivered against payment of the purchase price therefor as provided in this Agreement, will constitute valid and binding obligations of the Trust, enforceable against the Trust in accordance with their terms, except as the enforcement may be limited by bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting enforcement of creditors' rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law) and will be in the form contemplated by, and entitled to the benefits of, the Indenture and the Trust Agreement.
Issuance of the Senior Notes. The Borrower shall have issued the senior notes referred to in Section 6.01(h) of the Credit Agreement (as such Section is amended hereby) for aggregate consideration of not less than $100,000,000 and applied the proceeds thereof (to the extent necessary) to the prepayment of the outstanding Revolving Credit Loans in accordance with the provisions of Section 2.09(a) of the Credit Agreement (and, in that connection, the Administrative Agent hereby waives the requirement of prior notice to such prepayment set forth in Section 2.09(c) of the Credit Agreement).
Issuance of the Senior Notes. The Arranger, the Syndication Agent and the Documentation Agent shall have received evidence satisfactory to each of them that the Borrower shall have received gross proceeds from the issuance of the Senior Notes which, when added to the aggregate principal amount of Term Loans to be borrowed hereunder, does not exceed $300,000,000, and the Arranger, the Syndication Agent and the Documentation Agent shall be satisfied with all terms and provisions of all documentation relating to such Senior Notes.
Issuance of the Senior Notes. The Agents shall have received ---------------------------- evidence satisfactory to each of them that the Borrower shall have received gross proceeds from the issuance of the Senior Notes which, when added to the aggregate principal amount of Term Loans to be borrowed hereunder, equal to $205,000,000, and the Agents shall be satisfied with all terms and provisions of all documentation relating to such Senior Notes.
