Subordinated Debt Indenture Sample Clauses

Subordinated Debt Indenture. (a) Enter into, without the prior written consent of the Required Lenders, any amendment or modification of the Subordinated Debt Indenture or other documents evidencing or governing the terms of the Subordinated Debt if such amendment or modification would change (i) the principal amount of or rate of interest on the Subordinated Debt, (ii) the terms of repayment of the Subordinated Debt, (iii) the provisions relating to the deferral of interest on the Subordinated Debt, (iv) any terms or provisions of Article 12 (Subordination) of the Subordinated Debt Indenture, (v) the definition of "Event of Default" in the Subordinated Debt Indenture, or (vi) the provision of the Subordinated Debt Indenture which requires the trustee to give certain holders of senior indebtedness notices of defaults, accelerations and certain other events; provided, however, that the Lenders hereby consent to that certain First Supplemental Indenture dated December 1, 1995; or
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Subordinated Debt Indenture. 87 ARTICLE IX THE AGENT....................................................... 88
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Subordinated Debt Indenture. 96 8.20 Minimum Cash Flow Coverage Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 ARTICLE IX THE AGENT . . . . . . . . . . . . . . . . . . . . . . 97
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Subordinated Debt Indenture. Recital 5
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Subordinated Debt Indenture. On or prior to the date that is sixty (60) days prior to the Maturity (as defined in the Subordinated Debt Indenture) of the Indebtedness under the Subordinated Note Indenture, the Borrowers shall have defeased, repaid or refinanced such Indebtedness, or shall have obtained a commitment from a third party to refinance such Indebtedness prior to the Maturity thereof, or shall have notified the Administrative Agent that the Borrowers shall repay such Indebtedness from proceeds of the Loans and/or available cash; provided that, after giving effect to any such refinancing (i) the principal amount of the Indebtedness outstanding at such time is not increased (except by the amount of any accrued interest, reasonable closing costs, expenses, fees, and premium paid in connection with such extension, renewal or replacement), (ii) the result of such refinancing of or replacement shall not be an earlier maturity date or decreased weighted average life, (iii) the holders of such refinancing Indebtedness are not afforded covenants, defaults, rights or remedies, taken as a whole, which are materially more burdensome to the obligor or obligors than those contained in the Indebtedness being extended, renewed or replaced, (iv) the obligor or obligors under any such refinancing Indebtedness are the same as the obligor(s) under the Indebtedness being extended, renewed or replaced, (v) the refinancing Indebtedness is unsecured, (vi) the subordination, to the extent applicable, and other material provisions of the refinancing Indebtedness are no less favorable to the Lenders than those terms of the Indebtedness being refinanced, and (vii) the refinancing Indebtedness is not exchangeable or convertible into any other Indebtedness which does not comply with clauses (i) through (v) above; and provided further that, upon such notification by the Borrowers to the Administrative Agent that the Borrowers shall repay such Indebtedness from proceeds of the Loans, the Administrative Agent shall establish a Reserve under the Borrowing Base in the amount to be repaid until the date such payment is made.
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Subordinated Debt Indenture. The disposition shall not be prohibited by, result in a default or breach under, or trigger a mandatory prepayment requirement under the terms of the 1997 Subordinated Debt Indenture.
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Subordinated Debt Indenture. The term "
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Subordinated Debt Indenture. (a) The following is hereby added at the end of Article VIII of the Credit Agreement as Section 8.19:
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Related to Subordinated Debt Indenture

  • Subordinated Debt Documents Subject to Section 10.6(m), the failure of any Loan Party to comply with the terms of any intercreditor agreement or any subordination provisions of any note or other document running to the benefit of the Administrative Agent or Lenders, or if any such document becomes null and void or unenforceable against any lender holding the Subordinated Debt.

  • 4 Indenture 4 interest.......................................... 4

  • Subordinated Indebtedness The Obligations constitute senior indebtedness which is entitled to the benefits of the subordination provisions of all outstanding Subordinated Indebtedness.

  • Subordinated Debt (a) Make or permit any payment on any Subordinated Debt, except under the terms of the subordination, intercreditor, or other similar agreement to which such Subordinated Debt is subject, or (b) amend any provision in any document relating to the Subordinated Debt which would increase the amount thereof or adversely affect the subordination thereof to Obligations owed to Bank.

  • Indenture This INDENTURE (this “Indenture”) is entered into as of the Original Issue Date by and between the Principal Life Income Fundings Trust specified in the Omnibus Instrument (the “Trust”) and Citibank, N.A., as indenture trustee (the “Indenture Trustee”). Citibank, N.A., in its capacity as indenture trustee, hereby accepts its role as Registrar, Paying Agent, Transfer Agent and Calculation Agent hereunder. References herein to “Indenture Trustee,” “Registrar,” “Transfer Agent,” “Paying Agent” or “Calculation Agent” shall include the permitted successors and assigns of any such entity from time to time.

  • Subordinated Notes The Subordinated Notes have been duly authorized by the Company and when executed by the Company and issued, delivered to and paid for by the Purchasers in accordance with the terms of the Agreement, will have been duly executed, authenticated, issued and delivered, and will constitute legal, valid and binding obligations of the Company and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

  • SUBORDINATION OF SUBSIDIARY GUARANTEES The Guarantee of each Guarantor shall be subordinated to the prior payment in full of all Senior Debt of that Guarantor (in the same manner and to the same extent that the Notes are subordinated to Senior Debt), which shall include all guarantees of Senior Debt

  • Notes Subordinated to Senior Indebtedness The Company covenants and agrees and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Ten; and the Trustee and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on the Senior Indebtedness; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.

  • Notes Subordinate to Senior Indebtedness The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior Indebtedness. This Article 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

  • Securities Subordinated to Senior Indebtedness The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

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