Issuer Indebtedness Sample Clauses

Issuer Indebtedness. Each Holder acknowledges that Issuer is the sole obligor of the Securities and no Subsidiary of Issuer is a co-obligor or a guarantor of the Securities. INDENTURE (16% Junior Subordinated) {FORM OF ASSIGNMENT} I or we assign this Security to -_______________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ (Print or type name, address and zip code of assignee) Please insert Social Security or other identifying number of assignee _________________________________________ and irrevocably appoint _______________________ agent to transfer this Security on the books of Issuer. The agent may substitute another to act for him. Dated: Signed: ________________________________________________________________________________ (Sign exactly as your name appears on the front of this Security) Signature Guarantee: ____________________________________________ INDENTURE (16% Junior Subordinated) EXHIBIT C The indebtedness evidenced hereby is subordinate in the manner and to the extent set forth in that certain Subordination Agreement (the "Subordination Agreement (Senior)") dated as of December 18, 1996 by and among Xxxxx Cable Communications, Inc. ("Issuer"), Fleet National Bank, as Trustee under the 15% Senior Subordinated Pay-in-Kind Notes Indenture, Fleet National Bank, as Trustee under the 16% Junior Subordinated Pay-in-Kind Note Indenture, and FINOVA Capital Corporation ("FINOVA"), to the indebtedness (including interest) owed by Issuer to the holders of all of the notes issued pursuant to that certain Loan Agreement dated as of December 18, 1996 between Issuer and FINOVA, as such Loan Agreement has been and hereafter may be amended, modified, supplemented or restated from time to time; and each holder hereof, by its acceptance hereof, shall be bound by the provisions of the Subordination Agreement (Senior) and the Subordination Agreement (Junior). XXXXX CABLE COMMUNICATIONS, INC. 16% Junior Subordinated Pay-in-Kind Notes due July 18, 2002 SECONDARY SECURITIES No. $ Xxxxx Cable Communications, Inc., a Texas corporation ("Issuer," which term includes any successor entity), for value received promises to pay to _____________________ or registered assigns, the principal sum of __________dollars, on July 18, 2002. Interest payment dates: June 18 and December 18 commencing June 18, 1997. Record dat...
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Issuer Indebtedness. Each Holder acknowledges that Issuer is the sole obligor of the Securities and no Subsidiary of Issuer is a co-obligor or a guarantor of the Securities. INDENTURE (16% Junior Subordinated) {FORM OF ASSIGNMENT} I or we assign this Security to -_______________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ (Print or type name, address and zip code of assignee) Please insert Social Security or other identifying number of assignee _________________________________________ and irrevocably appoint _______________________ agent to transfer this Security on the books of Issuer. The agent may substitute another to act for him. Dated: Signed: ________________________________________________________________________________ (Sign exactly as your name appears on the front of this Security) Signature Guarantee: ____________________________________________
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Issuer Indebtedness. INDENTURE (15% Senior Subordinated) Each Holder acknowledges that Issuer is the sole obligor of the Securities and no Subsidiary of Issuer is a co-obligor or a guarantor of the Securities. INDENTURE (15% Senior Subordinated) {FORM OF ASSIGNMENT} I or we assign this Security to
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Related to Issuer Indebtedness

  • Investments; Indebtedness Virata shall not, and shall not permit ------------------------- any of its Subsidiaries to (i) make any loans, advances or capital contributions to, or investments in, any other Person, other than (A) loans or investments by Virata or a Subsidiary of Virata to or in Virata or any Subsidiary of Virata, (B) in the ordinary course of business consistent with past practice which are not, individually or in the aggregate, material to Virata and its Subsidiaries taken together as a whole (provided that none of such transactions referred to in this clause (B) presents a material risk of making it more difficult to obtain any approval or authorization required in connection with the Merger under Regulatory Law) or (ii) except in the ordinary course consistent with past practice, incur any indebtedness for borrowed money or guarantee any such indebtedness of another Person, issue or sell any debt securities or warrants or other rights to acquire any debt securities of Virata or any of its Subsidiaries, guarantee any debt securities of another Person, enter into any "keep well" or other agreement to maintain any financial statement condition of another Person (other than any wholly owned Subsidiary) or enter into any arrangement having the economic effect of any of the foregoing.

  • Company Indebtedness The Company shall, and shall cause its Subsidiaries to, timely deliver all notices and take all other administrative actions required to facilitate (i) the termination of commitments, repayment in full of all outstanding loans or other obligations, release of any Liens securing such loans or obligations and guarantees in connection therewith, and replacement of or cash collateralization of any issued letters of credit in respect of the Credit Facility on or before the Closing Date and (ii) to the extent reasonably requested in writing by Parent, no later than ten (10) Business Days prior to the Closing Date with respect to any Indebtedness (other than Indebtedness in respect of the Credit Facility) incurred by the Company or any of its Subsidiaries after the date hereof in compliance with Section 6.1(b)(xi) (it being understood that the Company shall promptly and in any event no later than fifteen (15) Business Days prior to the Closing Date notify Parent in writing of the amount of any such Indebtedness incurred or to be incurred and expected to be outstanding on the Closing Date), repayment in full of all obligations in respect of such Indebtedness and release of any Liens securing such Indebtedness and guarantees in connection therewith, in each case, on the Closing Date. In furtherance and not in limitation of the foregoing, the Company and its Subsidiaries shall use reasonable best efforts to deliver to Parent no later than one (1) Business Day prior to the Closing Date payoff letters with respect to the Company Credit Facility and, to the extent reasonably requested by Parent in writing no later than ten (10) Business Days prior to the Closing Date, any Indebtedness incurred by any of the Company and its Subsidiaries after the date hereof in compliance with Section 6.1(b)(xi) (each, a “Payoff Letter”) in form and substance customary for transactions of this type, from the persons, or the applicable agent on behalf of the persons, to which such Indebtedness is owed, which Payoff Letters together with any related release documentation shall, among other things, include the payoff amount and provide for Liens (and guarantees), if any, granted in connection therewith relating to the assets, rights and properties of the Company and its Subsidiaries securing such Indebtedness and any other obligations secured thereby, upon the payment of the amount set forth in the applicable Payoff Letter on or prior to the Closing Date, to be released and terminated. Upon at least ten (10) days’ prior written notice from the Company that the Company has determined, after reasonable consultation with Parent, that it will not at the time of the Real Estate Purchase (and without giving effect to the payment of the Real Estate Purchase Price or any other payment under this Agreement) have sufficient unencumbered and available cash, net of “cage cash”, cash on hand required by any Governmental Entity, the reasonably estimated additional amount of cash necessary to ensure the sound operation of the Company’s business consistent with past practice, and any other restricted cash, to pay in full the outstanding Indebtedness in respect of the Credit Facility, then to the extent of such shortfall Parent will extend an unsecured loan to the Company on the day of the Closing so that, together with such net unencumbered and available cash, the proceeds of such loan are sufficient to pay in full the outstanding Indebtedness in respect of the Credit Facility as may be necessary to release all Liens and obligations in respect thereof at the time of, or immediately prior to, the Real Estate Purchase, and the terms of such loan shall be reasonable for the circumstance as negotiated in good faith by Parent and the Company.

  • Subordinated Indebtedness The Obligations constitute senior indebtedness which is entitled to the benefits of the subordination provisions of all outstanding Subordinated Indebtedness.

  • Priority Indebtedness The Company will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Priority Indebtedness other than:

  • Subsidiary Indebtedness The Borrower will not permit any Subsidiary to create, incur, assume or permit to exist any Indebtedness, except:

  • Notes Subordinate to Senior Indebtedness The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior Indebtedness. This Article 11 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 they or each of them may enforce such provisions.

  • Intercompany Indebtedness The Company shall not create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness arising from loans from any Subsidiary to the Company unless (a) such Indebtedness is unsecured and (b) such Indebtedness shall be expressly subordinate to the payment in full in cash of the Obligations on terms satisfactory to the Administrative Agent.

  • Liens securing Indebtedness of the Borrower to a Subsidiary or of a Subsidiary to the Borrower or another Subsidiary.

  • Indebtedness Create, incur, assume or suffer to exist any Indebtedness, except:

  • 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.

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