Advances to Subsidiaries. All advances to Restricted Subsidiaries that are not Guarantors made by the Company after the date of this Indenture will be evidenced by Intercompany Notes in favor of the Company. Each Intercompany Note will be payable upon demand and will bear interest at the same rate as the Notes. The form of Intercompany Note is attached as Exhibit F hereto.
Advances to Subsidiaries. 47 Section 4.24
Advances to Subsidiaries. All Advances to Restricted Subsidiaries made by the Company after the date of this Indenture will be evidenced by intercompany notes in favor of the Company. These intercompany notes will be pledged pursuant to the Security Documents as Collateral to secure the Notes.
Advances to Subsidiaries. (a) All advances to Subsidiaries made by the Company or any of its Subsidiaries (other than (x) equity contributions and (y) advances to Subsidiaries with a maturity date of less than 90 days from the date of such advance not to exceed $5 million for any one Subsidiary or $8 million in the aggregate for all Subsidiaries) shall be evidenced by intercompany notes in favor of the Company or such Subsidiary. Intercompany notes in favor of the Company shall be pledged pursuant to the Collateral Documents to the Trustee as Collateral to secure the Notes. Each intercompany note shall be payable upon demand and will bear interest at a rate equal to the then current fair market interest rate.
Advances to Subsidiaries. All advances to Restricted Subsidiaries made by the Issuer after the Issue Date shall be evidenced by intercompany notes in favor of the Issuer. Such intercompany notes shall be pledged pursuant to the Security Documents as Collateral to secure the Notes. Each intercompany note shall be payable upon demand and shall bear interest at the same rate as the Notes and will be subordinated in right of payment to all existing Senior Debt of the Restricted Subsidiary to which the loan is made. “Senior Debt” of Restricted Subsidiaries for the purposes of the intercompany notes will be defined as all Indebtedness of the Restricted Subsidiaries that is not specifically by its terms made pari passu with or junior to the intercompany notes. The Issuer will not permit any Restricted Subsidiary in respect of which the Issuer is a creditor by virtue of an intercompany note to incur any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of such Restricted Subsidiary and senior in any respect in right of payment to any intercompany note.
Advances to Subsidiaries. The Borrower shall make any advance, loan, or extension of credit to or any payment on behalf of or guaranty any obligation of any Subsidiary without the Lender's prior written consent.
Advances to Subsidiaries. The Company shall not make any advances or capital contributions, transfer any assets, or otherwise become a creditor, to any Subsidiary that is not a Wholly Owned Subsidiary (a "Borrowing Subsidiary") unless (a) such advance, capital contribution, transfer or creditor arrangement is made in the form of a senior secured loan to the Borrowing Subsidiary, (b) the advance, capital contribution, transfer or creditor arrangement is evidenced by a Subsidiary Intercompany Note in favor of the Company and (c) the Borrowing Subsidiary has no other Indebtedness (other than Indebtedness evidenced by a Subsidiary Intercompany Note) at the time the advance, capital contribution, transfer or creditor arrangement is made or the Borrowing Subsidiary immediately applies the advance to pay the entire principal of, and any premium and interest on, all Indebtedness of the Borrowing Subsidiary in existence at the time the advance is made. The Subsidiary Intercompany Notes shall be payable upon demand, shall bear interest at the same rate as the Senior Notes, or such higher rate as the Company may determine, and shall be secured by a first priority Lien on all of the assets of the Borrowing Subsidiary. A form of Subsidiary Intercompany Note is attached as Exhibit G hereto. Notwithstanding the foregoing, a Subsidiary Intercompany Note will not be required to be secured by a first priority Lien with respect to all or a portion of the assets of the Borrowing Subsidiary if (i) such assets are subject to a first priority Lien securing obligations of the Borrowing Subsidiary that do not constitute Indebtedness under the Indenture (the "Secured Obligations") and such Lien is in existence as of the date of issuance of the Subsidiary Intercompany Note, (ii) the Company provides one or more letters of credit naming the person(s) identified as the creditor(s) under the Lien securing the Secured Obligations (or any person identified in writing to the Company by such creditor(s) under such Lien) as beneficiary thereunder, and (iii) for each fiscal year of the Borrowing Subsidiary that such Secured Obligations exist, such letters of credit are for an aggregate amount sufficient to satisfy all payments under the Secured Obligations becoming due and payable during such fiscal year. The Company shall not permit any Subsidiary in respect of which the Company is a creditor by virtue of a Subsidiary Intercompany Note to incur any Indebtedness other than Indebtedness to the Company evidenced by a S...
Advances to Subsidiaries. (a) All advances to Restricted Subsidiaries (that are not otherwise Guarantors) made by the Company (or any Guarantor) after the date of this Indenture will be evidenced by intercompany notes in favor of the Company or the applicable Guarantor. These intercompany notes will be pledged pursuant to the Security Documents as Collateral to secure the First Priority Lien Obligations and Parity Lien Obligations. Each intercompany note will be payable upon demand and will bear interest at the same rate as the First Priority Senior Secured Notes and will be subordinated in right of payment to all existing Senior Debt of the non-Guarantor Restricted Subsidiary to which the loan is made. “Senior Debt” of Subsidiaries for the purposes of the intercompany notes will be defined as all Indebtedness of the non-Guarantor Restricted Subsidiaries that is not specifically by its terms made pari passu with or junior to the intercompany notes. A form of intercompany note is attached to this Indenture as Exhibit G hereto. Repayments of principal with respect to any intercompany notes will be required to be pledged pursuant to the Security Documents as Collateral to secure the Notes until such amounts are advanced to a Subsidiary in accordance with this Indenture.
Advances to Subsidiaries. If the Company or any Restricted Subsidiary makes any loans or other advances to Restricted Subsidiaries after the Issue Date, then such loans or other advances will either (1) be evidenced by intercompany notes in favor of the Company or such Restricted Subsidiary and shall be pledged pursuant to the Security Documents as Collateral to secure the Notes, or (2) the Company shall not, and shall cause the applicable Restricted Subsidiary not to, pledge or deliver any such intercompany note as security for Indebtedness to any other party. Any such intercompany note shall be payable upon demand. If the Restricted Subsidiary is not a party to the Intercompany Subordinated Note (as defined in the Security Agreement), such Restricted Subsidiary shall, within 30 days of making such loan or advance, execute and deliver to the Noteholder Collateral Agent a joinder to the Intercompany Subordinated Note in the form attached as Exhibit 3 to the Security Agreement.
Advances to Subsidiaries. 59 7.1.18 Swap Default. 59 Section 7.2 Remedies. 59 7.2.1 Acceleration. 60 7.2.2