Terms Defined Above and in the Recitals. As used in this Agreement, the following terms shall have the respective meanings indicated in the opening paragraph hereof and in the above Recitals:
Terms Defined Above and in the Recitals. As used in this Subordination Agreement, the following terms shall have the following meanings: "Bankruptcy Code" means the United States Bankruptcy Code, 11 U.S.C. § 101, et seq., as amended and in effect from time to time, and any successor statute and all rules and regulations promulgated thereunder. "Capital Stock" means (a) with respect to any Person that is a corporation, any and all shares, interests, participations or other equivalents (however designated and whether or not voting) of corporate stock, and (b) with respect to any Person that is not a corporation, any and all partnership, membership or other equity or other ownership interests of such Person.
Terms Defined Above and in the Recitals. As used in this Subordination Agreement, the following terms shall have the following meanings: “Bankruptcy Code” means the United States Bankruptcy Code, 11 U.S.C. § 101, et seq., as amended and in effect from time to time, and any successor statute and all rules and regulations promulgated thereunder. “Business Day” means any day other than a Saturday, a Sunday or other day on which banking institutions in New York City are authorized or required by law, regulation or executive order to close or remain closed. “Capital Stock” means (a) with respect to any Person that is a corporation, any and all shares, interests, participations or other equivalents (however designated and whether or not voting) of corporate stock, and (b) with respect to any Person that is not a corporation, any and all partnership, membership or other equity or other ownership interests of such Person. “Cash and Cash Equivalents” means, collectively, all cash and all “Cash Equivalents” as defined in the Senior NIA. “Cash Collateral” means any Collateral consisting of Cash and Cash Equivalents, any security entitlement (as defined in the UCC) and any financial assets (as defined in the UCC). “Collateral” means all assets and properties whether now owned or hereafter acquired by the Obligors or any other Person in or upon which either the Senior Agent or any Subordinated Agent is purported to now have or hereafter acquire a Lien pursuant to the terms of the Senior Loan Documents or the Subordinated Loan Documents, as the case may be, together with all rents, issues, profits, products, and Proceeds thereof. “Debtor Relief Law” means the Bankruptcy Code and any other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief law of the United States or other applicable jurisdiction from time to time in effect. “Default” means “Default” as defined in the Senior NIA. “DIP Financing” has the meaning set forth in Section 5.c. “Discharge of Senior Indebtedness” means payment in full in cash (or other consideration acceptable to the Senior Lenders and other Secured Parties (as defined in the Original Senior NIA)) of all Senior Indebtedness (excluding unasserted contingent indemnity or reimbursement obligations that survive termination of the Senior Loan Documents) and the termination of all commitments to extend credit or purchase notes under the Senior Loan Documents. “Equity I...
Terms Defined Above and in the Recitals. As used in this Agreement, certain capitalized terms used herein shall have the respective meanings indicated in the opening paragraph hereof and in the above Recitals.
Terms Defined Above and in the Recitals. As used in this Agreement, the following terms shall have the respective meanings indicated in the opening paragraph hereof and in the above Recitals: “9% Note Holders” “9% Notes”
Terms Defined Above and in the Recitals. As used in this Agreement, the following terms shall have the respective meanings indicated in the opening paragraph hereof and in the above Recitals: "Agreement" "Borrower" "Collateral" "Collateral Agent"
