Existing Senior Notes Clause Samples
The 'Existing Senior Notes' clause defines and identifies any senior debt instruments that are already outstanding prior to the execution of the current agreement. This clause typically lists or references the specific notes, their principal amounts, and relevant terms, ensuring all parties are aware of pre-existing senior obligations. Its core function is to clarify the priority of claims and prevent confusion or disputes regarding the hierarchy of debt, thereby protecting the interests of both existing and new creditors.
Existing Senior Notes. The Company shall have accepted any notes validly tendered in connection with its previously announced cash tender offer (the “Cash Tender Offer”) for its outstanding Existing Senior Notes and shall have issued a notice of redemption for any outstanding Existing Senior Notes not tendered in the Cash Tender Offer. The Company and the Guarantors will furnish the Representatives with such conformed copies of such opinions, certificates, letters and documents as the Representatives reasonably request. The Representatives may waive on behalf of the Underwriters compliance with any conditions to the obligations of the Underwriters hereunder.
Existing Senior Notes. To the extent that any Existing Senior Notes remain outstanding on the Closing Date after giving effect to the purchase of any Existing Senior Notes on such date pursuant to the Existing Senior Notes Tender Offer/Consent Solicitation, no later than June 13, 2011, (i) the Borrower shall have delivered to the Existing Senior Notes Trustee an irrevocable notice of redemption for all then outstanding Existing Senior Notes which have not theretofore been or are then being purchased pursuant to the Existing Senior Notes Tender Offer/Consent Solicitation, which redemption (the “Existing Senior Notes Redemption”) shall be effected on a date (the “Existing Senior Notes Redemption Date”) no later than July 27, 2011 in accordance with the optional redemption provisions set forth in the Existing Senior Notes Indenture, (ii)(I) the Borrower shall have irrevocably deposited with the Existing Senior Notes Trustee cash in an amount sufficient to pay and discharge the entire Indebtedness on the outstanding Existing Senior Notes for principal of, premium, if any, and interest on such Existing Senior Notes through the Existing Senior Notes Redemption Date, (II) the Borrower shall have paid all other sums that are then payable by the Borrower under the Existing Senior Notes Indenture, and (III) the Borrower shall have irrevocably instructed the Existing Senior Notes Trustee in writing to apply the funds referred to in preceding sub-clause (I) to the payment of the Existing Senior Notes on or prior to the Existing Senior Notes Redemption Date, and (iii) Agent shall have received evidence reasonably satisfactory to it that the matters set forth in preceding clauses (i) through (iii) have been satisfied.
Existing Senior Notes. The senior notes included in Existing Senior Debt and listed as items 1 through 3 on Schedule 9.1 hereof.
Existing Senior Notes. 8 Financings ........................................................ 8
Existing Senior Notes. The Existing Senior Notes shall be paid in full prior to all extensions of credit under this Agreement exceeding $140,000,000 (unless the pro- ceeds of such extensions of credit are being contemporaneously used to repay the Existing Senior Notes in full).
Existing Senior Notes. This Agreement constitutes the "New Credit Facility" under, and as defined in, the Existing Senior Note Indenture and neither the execution, delivery or performance by any Credit Party of the Credit Documents to which it is a party nor the extensions of credit contemplated by this Agreement will conflict with, result in any breach of any of the terms, covenants or provisions of, or constitute a default under the Existing Senior Note Indenture.
Existing Senior Notes. As of the date hereof, the aggregate principal amount of all outstanding Senior Notes is $203,000,000.
Existing Senior Notes the 8% Senior Notes due 2013, issued pursuant to the Indenture, dated as of July 6, 2005, between the Company and U.S. Bank National Association, as trustee.
Existing Senior Notes. Notwithstanding anything to the contrary contained in this Agreement, for the 30 day period following the Effective Date (or, if sooner, through the Existing Senior Notes Redemption Date), the representation and warranty set forth in Section 7.03(ii) will not be breached, and no Default or Event of Default under Sections 8.09 and 10.04 will occur, in either case solely as a result of any technical violation of the Existing Senior Notes Indenture as a result of the consummation of the Transaction; it being understood and agreed, however, that the provisions of this Section 13.17 shall cease to be effective, and any breach of any such representation or warranty and any such Default or Event of Default (in each case) shall automatically occur after the earlier of the dates set forth above in this Section 13.17 to the extent that the Existing Senior Notes Indenture has not been satisfied and discharged on such earlier date in accordance with the terms thereof and hereof.
Existing Senior Notes. The Borrower shall have successfully completed a tender offer and consent solicitation (collectively, the "Borrower Tender") with respect to the Existing Senior Notes pursuant to which amendments to the indentures governing the Existing Senior Notes not tendered shall have become effective that substantially eliminate the covenants and restrictions contained in such indentures, all as contemplated by the Borrower's Tender Offer and Consent Solicitation (without any waiver of any conditions specified therein) or otherwise on a basis reasonably satisfactory to the Senior Managing Agents, and all Existing Senior Notes that have been duly tendered shall have been, or shall on the Closing Date be, redeemed.