Common use of Definition of Senior Indebtedness Clause in Contracts

Definition of Senior Indebtedness. The term "Senior Indebtedness" shall mean the principal and interest on (i) all Indebtedness of the Company and its Subsidiaries for money borrowed from time to time, including that owing to banks or other financial institutions, an agency or agencies of the federal government or other institutions engaged in the business of lending money, (ii) all Capital Leases of the Company and its Subsidiaries, (iii) obligations of the Company for the reimbursement of any obligor on any Letter of Credit, banker's acceptance or similar credit transaction, and (iv) any deferrals, renewals and extensions of any indebtedness described in clauses (i) through (iii) above, unless under the express provisions of the instrument creating or evidencing any such indebtedness, or pursuant to which the same is outstanding, such indebtedness is not superior in right of payment to the Convertible Notes; provided, however, that Senior Indebtedness shall not include Indebtedness owed or owing to any Subsidiary or any officer, director or employee of the Company or any Subsidiary.

Appears in 2 contracts

Samples: Note Purchase Agreement (Langer Partners LLC), Note Purchase Agreement (Langer Inc)

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Definition of Senior Indebtedness. The term "Senior Indebtedness" shall mean the principal and interest on (i) all Indebtedness indebtedness of the Company and its Subsidiaries for money borrowed from time to time, including that owing to banks or other financial institutions, an agency or agencies of the federal government or other institutions engaged in the business of lending money, (ii) all Capital Leases capital leases of the Company and its Subsidiaries, (iii) obligations of the Company for the reimbursement of any obligor on any Letter letter of Creditcredit, banker's acceptance or similar credit transaction, and (iv) any deferrals, renewals and extensions of any indebtedness described in clauses (i) through (iii) above, unless under the express provisions of the instrument creating or evidencing any such indebtedness, or pursuant to which the same is outstanding, such indebtedness is not superior in right of payment to the Convertible Notes; provided, however, that Senior Indebtedness shall not include Indebtedness indebtedness owed or owing to any Subsidiary or any officer, director or employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Kanders Warren B

Definition of Senior Indebtedness. The term "Senior Indebtedness" shall mean the principal and interest on (i) all Indebtedness of the Company and its Subsidiaries for money borrowed from time to time, including that owing to banks or other financial institutions, an agency or agencies of the federal government or other institutions engaged in the business of lending money, (ii) all Capital Leases of the Company and its Subsidiaries, (iii) obligations of the Company for the reimbursement of any obligor on any Letter of Credit, banker's acceptance or similar credit transaction, and (iv) any deferrals, renewals and extensions of any indebtedness described in clauses (i) through (iii) above, unless under the express provisions of the instrument creating or evidencing any such indebtedness, or pursuant to which the same is outstanding, such indebtedness is not superior in right of payment to the Convertible NotesDebentures; provided, however, that Senior Indebtedness shall not include Indebtedness owed or owed or owing to any Subsidiary or any officer, director or employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Purchase Agreement (Upchurch Jesse L)

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Definition of Senior Indebtedness. The term "Senior Indebtedness" shall mean the principal and interest on (i) all Indebtedness indebtedness of the Company and its Subsidiaries for money borrowed from time to time, including that owing to banks or other financial institutions, an agency or agencies of the federal government or other institutions engaged in the business of lending money, (ii) all Capital Leases capital leases of the Company and its Subsidiaries, (iii) obligations of the Company for the reimbursement of any obligor on any Letter letter of Creditcredit, banker's ’s acceptance or similar credit transaction, and (iv) any deferrals, renewals and extensions of any indebtedness described in clauses (i) through (iii) above, unless under the express provisions of the instrument creating or evidencing any such indebtedness, or pursuant to which the same is outstanding, such indebtedness is not superior in right of payment to the Convertible Notes; provided, however, that Senior Indebtedness shall not include Indebtedness indebtedness owed or owing to any Subsidiary or any officer, director or employee of the Company or any Subsidiary.

Appears in 1 contract

Samples: Net Perceptions Inc

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