Existing Senior Subordinated Notes Sample Clauses

Existing Senior Subordinated Notes. Each of Holdings, SpinCo and each other Borrower will not, and will not permit any of their respective Subsidiaries to, incur any Indebtedness that is otherwise permitted pursuant to Section 4.03(b)(xx) or 4.03(b)(xxi) of the Existing Senior Subordinated Notes Indenture except to the extent such Indebtedness is incurred under this Agreement.
Sample 1
AutoNDA by SimpleDocs
Existing Senior Subordinated Notes. At least 98% of the aggregate principal amount of the Existing Senior Subordinated Notes outstanding as of the date of the tender offer for such notes shall have been tendered and, upon funding of the Term Loans hereunder and funding of the Senior Subordinated Notes, all funds necessary to redeem the tendered Existing Senior Subordinated Notes (and to pay all accrued interest thereon) shall have been deposited with the appropriate paying agent.
Sample 1
Existing Senior Subordinated Notes. The Borrower shall prepay in full all Existing Senior Subordinated Notes on or before June 30, 2013.
Sample 1
Existing Senior Subordinated Notes. Company shall redeem in full all Existing Senior Subordinated Notes no later than February 24, 2010.
Sample 1
Existing Senior Subordinated Notes. The subordination provisions contained in the Existing Senior Subordinated Notes and the other Existing Senior Subordinated Note Documents are enforceable by the Banks against the Borrower, the Subsidiary Guarantors and the holders of the Existing Senior Subordinated Notes, as the case may, and all Obligations hereunder or under the other Credit Documents are or will be within the definitions of "Senior Indebtedness," "Designated Senior Indebtedness" and "Guarantor Senior Indebtedness," as the case may be, included in such provisions of the Existing Senior Subordinated
Sample 1
Existing Senior Subordinated Notes. The Administrative Agent shall have received evidence that Borrower shall have (i) given, or substantially simultaneously shall give, irrevocable notice of redemption to the Existing Senior Subordinated Notes Trustee with respect to not less than $90 million in principal amount of Existing Senior Subordinated Notes outstanding under the Existing Senior Subordinated Indenture and (ii) deposited with the Existing Senior Subordinated Notes Trustee such amount to fund such redemption.
Sample 1
Existing Senior Subordinated Notes. On or prior to the Effective Date, (i) the Borrower shall have delivered to the Agent such evidence as may be required by the Agent (including, without limitation, evidence demonstrating compliance with the requirements of Section 4.12(a) of each Existing Senior Subordinated Notes Indenture to the extent that the Existing Senior Subordinated Notes Consent Solicitation is not consummated on the Effective Date) to the effect that under the terms of the Existing Senior Subordinated Notes Documents, this Agreement (and only this Agreement) constitutes the "New Bank Credit Facility" (as defined in the Existing Senior Subordinated Notes Indenture), and (ii) the Borrower shall have taken all other action as may be necessary or, in the opinion of the Agent desirable, to ensure that this Agreement is entitled to all the rights and benefits afforded the "New Bank Credit Facility" under the Existing Senior Subordinated Note Indentures (including, without limitation, by delivering to the respective trustees thereunder the notification required by the final sentence of the definition "New Bank Credit Facility" contained therein) and that the issuance of the Notes hereunder, the issuance of the New Senior Subordinated Notes and the Transaction do not conflict with, constitute a default under, or require any consent or approval pursuant to the terms of the Existing Senior Subordinated Note Documents.
Sample 1
AutoNDA by SimpleDocs
Existing Senior Subordinated Notes. At the time of consummation thereof, the Existing Senior Subordinated Notes Tender Offer and the Existing Senior Subordinated Notes Consent Solicitation shall have been consummated in accordance with the terms of the respective Documents therefor and all applicable laws. At the time of consummation thereof, all consents and approvals of, and filings and registrations with, and all other actions in respect of, all governmental agencies, authorities or instrumentalities required in order to make or consummate the Existing Senior Subordinated Notes Tender Offer and the Existing Senior Subordinated Notes Consent Solicitation shall have been obtained, given, filed or taken or waived and are or will be in full force and effect (or effective judicial relief with respect thereto has been obtained). All applicable waiting periods with respect thereto have or, prior to the time when required, will have, expired without, in all such cases, any action being taken by any competent authority which restrains, prevents, or imposes material adverse conditions upon the Existing Senior Subordinated Notes Tender Offer and the Existing Senior Subordinated Notes Consent Solicitation. Additionally, there shall not exist any judgment, order or injunction prohibiting or imposing material adverse conditions upon the Existing Senior Subordinated Notes Tender Offer and the Existing Senior Subordinated Notes Consent Solicitation, or the performance by the Borrower and its Subsidiaries of their obligations under the respective Documents therefor and all applicable laws.
Sample 1

Related to Existing 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.

  • No Senior Subordinated Debt The Company will not incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of the Company and senior in any respect in right of payment to the Notes. No Guarantor will incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to the Senior Debt of such Guarantor and senior in any respect in right of payment to such Guarantor's Note Guarantee.

  • 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.

  • Securities Subordinated to Senior Indebtedness The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen 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 any one or more of them may enforce such provisions.

  • Securities Subordinate to Senior Indebtedness The Company covenants and agrees, and each Holder of a Security, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article, the payment of the principal of (and premium, if any) and interest (including any Additional Interest) on each and all of the Securities of each and every series are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Indebtedness.

  • Securities Subordinated to Senior Debt (1) The Partnership, for itself, its successors and assigns, covenants and agrees, and each Holder of Securities, by his acceptance thereof, likewise covenants and agrees, that the payment of the principal of (and premium, if any), and interest on each and all of the Securities is hereby expressly subordinated, to the extent and in the manner hereinafter set forth, in right of payment to the prior payment in full of all Senior Debt of the Partnership.

  • Securities Subordinate to Senior Debt The Company covenants and agrees, and each Holder of a Security, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article XII, the payment of the principal of and any premium and interest (including any Additional Interest) on each and all of the Securities are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.

  • Reliance by Holders of Senior Indebtedness on Subordination Provisions Each Holder by accepting a Subordinated Security acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the issuance of the Securities, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Indebtedness. This instrument may be executed in any number of counterparts, and by each party hereto on separate counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

  • Designated Senior Indebtedness The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

  • Trustee's Relation to Senior Indebtedness The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Company shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII or otherwise.

Time is Money Join Law Insider Premium to draft better contracts faster.