Existing Subordinated Notes Sample Clauses

Existing Subordinated Notes. The 3.375% Convertible Senior Subordinated Notes due 2027 issued by BGI on March 12, 2007. Extending Lender. See §3.4(e).
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Existing Subordinated Notes. Cause the Existing Subordinated Notes to be redeemed in full on or prior to August 31, 1998 and notify the Administrative Agent of such redemption promptly following the occurrence thereof.
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Existing Subordinated Notes. No Existing Subordinated Notes are outstanding.
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Existing Subordinated Notes. (i) The 3.75% Convertible Senior Subordinated Notes due 2025 and (ii) the 3.375% Convertible Senior Subordinated Notes due 2027 issued by BGI on August 1, 2005 and March 12, 2007, respectively.
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Existing Subordinated Notes. The Administrative Agent shall be reasonably satisfied that the Existing Subordinated Notes will be redeemed in full on or prior to August 31, 1998, and the Borrower shall have deposited with the trustee under the Existing Subordinated Indenture an amount of cash or cash equivalents equal to the amount required to redeem the Existing Subordinated Notes in full on or prior to August 31, 1998.
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Existing Subordinated Notes. The 9⅝% Senior Subordinated Notes due August 1, 2007 that are to be called for redemption shall have been called for redemption by the Borrower and the proceeds necessary therefore shall have been deposited with the trustee with respect to such 9⅝% Senior Subordinated Notes.
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Existing Subordinated Notes. The Borrower shall have accepted for purchase all validly tendered 95/8% Senior Subordinated Notes due August 1, 2007 and the supplemental indentures with respect to such notes shall have become operative.
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Existing Subordinated Notes. This Agreement, and all amendments, restatements, supplements, modifications, replacements, restructurings, increases, refinancings and refundings hereof, other than from issuances of equity or Indebtedness that is contractually subordinated to the Indebtedness hereunder, constitute the "Credit Agreement" within the meaning of the Existing Subordinated Note Documents (except to the extent that any such amendments, restatements, supplements, modifications, replacements, restructurings, increases, refinancings and refundings of or to this Agreement are prohibited by the Existing Subordinated Notes Indenture and not otherwise consented to by the majority of the holders of the Existing Subordinated Notes then outstanding). This Agreement, together with each of the other Loan Documents and all amendments, restatements, supplements, modifications, replacements, restructurings, increases, refinancings and refundings hereof and thereof, constitute "Senior Credit Documents" within the meaning of the applicable Existing Subordinated Note Documents (except to the extent that any such amendments, restatements, supplements, modifications, replacements, restructurings, increases, refinancings and refundings
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Existing Subordinated Notes. The full amount of the Loans (excluding any undrawn or uncommitted Incremental Term Loans until such time as such Incremental Term Loans are so borrowed) may be incurred under the Existing Notes Indentures and all Obligations constitute “Senior Debt” or “Senior Indebtedness”, as applicable, and “Designated Senior Debt” or “Designated Senior Indebtedness”, as applicable, under and as defined in the Existing Subordinated Notes Indentures. After giving effect to the Refinancing, no other Indebtedness of any Group Member qualifies as “Designated Senior Debt” or “Designated Senior Indebtedness”, as applicable, under the Existing Subordinated Notes Indentures.
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Related to Existing 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.

  • 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 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.

  • 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.

  • 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 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.

  • SUBORDINATION OF NOTES Section 11.01.

  • Reference in Notes to Supplemental Indentures Notes authenticated and delivered after the execution of any supplemental indenture pursuant to this Article IX may, and if required by the Indenture Trustee shall, bear a notation in form approved by the Indenture Trustee as to any matter provided for in such supplemental indenture. If the Issuer or the Indenture Trustee shall so determine, new Notes so modified as to conform, in the opinion of the Indenture Trustee and the Issuer, to any such supplemental indenture may be prepared and executed by the Issuer and authenticated and delivered by the Indenture Trustee in exchange for Outstanding Notes.

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