The Senior Subordinated Notes Sample Clauses

The Senior Subordinated Notes. The Senior Subordinated Notes will mature on January 1, 2016. Each Senior Subordinated Note will bear interest at the rate of 10.5% per annum from December 21, 2005, or from the most recent date to which interest has been paid or provided for. Interest will be payable semiannually in cash to Holders of record at the close of business on the December 15 or June 15 immediately preceding the interest payment date, on January 1 and July 1 of each year, commencing July 1, 2006. Interest is paid on the basis of a 360-day year consisting of twelve 30-day months. An aggregate principal amount of $600 million of Senior Subordinated Notes is currently outstanding. Additional securities may be issued under the Senior Subordinated Indenture in one or more series from time to time ("Additional Senior Subordinated Notes" and, together with any Additional Senior Notes, the "Additional Notes"), subject to the limitations set forth under "—Certain Covenants—Limitation on Indebtedness," which will vote as a class with the Senior Subordinated Notes and otherwise be treated as Senior Subordinated Notes for purposes of the Senior Subordinated Indenture.
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The Senior Subordinated Notes. 6.15.4 Any other agreement that does not restrict in any manner (directly or indirectly) Liens created pursuant to the Credit Documents on property or assets of the Company or any of its Subsidiaries (whether now owned or hereafter acquired) securing the Loans or any Interest Rate Agreement and does not require the direct or indirect granting of any Lien securing any Indebtedness or other obligation by virtue of the granting of Liens on or pledge of property of the Company or any of its Subsidiaries to secure the Loans or any Hedging Agreement.
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The Senior Subordinated Notes. The Senior Subordinated Notes shall have been issued pursuant to, and in accordance with, the terms of the Senior Subordinated Note Indenture (the terms of which shall have been determined to be satisfactory to the Administrative Agents) and the Borrower shall have received a minimum of $275,000,000 in gross cash proceeds from the issuance thereof, the net cash proceeds from which issuance shall have been used to pay the cash portion of the purchase price under the terms of the Kaynar Purchase Agreement and/or to repay, in part, the Refinanced Indebtedness.
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The Senior Subordinated Notes. The terms and conditions of the ----------------------------- Senior Subordinated Notes shall be satisfactory to Administrative Agent and Requisite Lenders. Company shall have delivered to Administrative Agent a fully executed or conformed copy of the Senior Subordinated Note Indenture.
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The Senior Subordinated Notes. 7. The New Senior Notes.
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The Senior Subordinated Notes. 2.1 (a) Form and Dating; Global Securities. The Senior Subordinated Notes shall be offered and sold by the Issuers pursuant to a Senior Subordinated Notes Purchase Agreement. The Senior Subordinated Notes shall be resold initially only to (i) QIBs in reliance on Rule 144A and (ii) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Senior Subordinated Notes may thereafter be transferred to, among others, QIBs and purchasers in reliance on Regulation S, subject to the restrictions on transfer set forth herein. Senior Subordinated Notes initially resold pursuant to Rule 144A shall be issued initially in the form of two or more permanent global notes in fully registered form (each, a “Rule 144A Global Security”); Senior Subordinated Notes initially resold pursuant to Regulation S shall be issued initially in the form of one or more permanent global notes in fully registered form (each, a “Regulation S Global Security”), in each case without interest coupons and with the global securities legend and the applicable restricted securities legend set forth in Exhibit A hereto. The Rule 144A Global Securities and the Regulation S Global Securities in respect of the Senior Subordinated Notes shall be deposited on behalf of the purchasers of the Senior Subordinated Notes with a custodian for The Depository Trust Company (“DTC”) and registered in the name of Cede & Co., as nominee of DTC, duly executed by the Issuers and authenticated by the Trustee or the authentication agent as provided in the Senior Subordinated Notes Indenture. Beneficial interests in a Regulation S Global Security may be exchanged for interests in a Rule 144A Global Security only after the 40th day after the Issue Date and then only if (1) such exchange occurs in connection with a transfer of Senior Subordinated Notes in compliance with Rule 144A and (2) the transferor of the beneficial interest in a Regulation S Global Security first delivers to the Registrar or a Transfer Agent a written certificate (in content consistent with the form set forth on the reverse of the Senior Subordinated Note) to the effect that the beneficial interests in the Regulation S Global Security are being transferred to a Person (a) who the transferor reasonably believes to be a QIB, (b) purchasing for its own account or the account of a QIB in a transaction meeting the requirements of Rule 144A, and (c) in accordance with all applicable securities laws of the States of the United ...
Sample 1
The Senior Subordinated Notes. At the Closing, pursuant to the terms of the Senior Subordinated Financing Agreement, the Company shall issue one or more Senior Subordinated Notes in an aggregate principal amount of $150 million, with net proceeds to the Company of approximately $146.9 million, which shall be privately placed by the Senior Subordinated Placement Agents pursuant to Rule 144A of the Securities Act, against payment to the Company of the proceeds from the sale of the Senior Subordinated Notes.
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The Senior Subordinated Notes 
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Related to The Senior Subordinated Notes

  • Senior Subordinated Notes The subordination provisions contained in the Senior Subordinated Notes and in the other Senior Subordinated Note Documents are enforceable against the Borrower and the holders of the Senior Subordinated Notes, and all Obligations are within the definition of "Senior Debt" included in such subordination provisions.

  • 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.

  • 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.

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