Seller Notes. Scheduled payments of principal and interest under any Seller Note or other instrument of Subordinated Debt may be paid if, and only to the extent that, at the time of any such payment no Event of Default then exists or would result from the making of such payment.
Seller Notes. Promissory Notes will not be issued by Class A Acquiror, Up-C Acquiror 1 or Blackstone Infrastructure Partners V L.P. to certain of the Sellers at Closing, or otherwise in connection with the Purchase Agreement. Accordingly, all references to “Seller Notes” and “Exhibit D” in the Purchase Agreement are hereby omitted.
Seller Notes. The Company shall not, and shall cause the Management Company not to, enter into or permit any affiliate of any of them to enter into any amendment of the Seller Notes without the prior written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Preferred Securities; provided, that the Guarantor, the Management Company, the Company and/or any affiliate of any of them may amend any of the Seller Notes without obtaining such consent if (i) such amendment does not increase the interest rate or shorten the maturity of such Seller Notes and (ii) the terms of such amendment, taken as a whole, do not result in a material adverse change to the Management Company, the Company or their respective businesses or the holders of the Preferred Securities. Notwithstanding the foregoing, the Company may permit the issuer of the Seller Notes to make payments in kind, in lieu of interest, provided that any payments in kind made will be included in the calculation of the Maximum Indebtedness described in Section 10.9(c).
Seller Notes. Issuer shall only make any payments on the Seller Notes from amounts distributed to the Issuer pursuant to clause (12) of Section 302; provided, however, that on the Effective Date the Issuer may make payments on the Seller Notes from any amounts then on deposit in the Trust Account (after giving effect to the provisions of Clause (12) of Section 312(a)).
Seller Notes. There occurs and is continuing any material “Event of Default” as defined in the Seller Notes; or
Seller Notes. The Company shall not, and shall cause the Management Company not to, enter into or permit any Affiliate of any of them to enter into any amendment of the Seller Notes without the prior written consent of the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities; provided, that the Company, the Management Company and/or any Affiliate of any of them may amend any of the Seller Notes without obtaining such consent if (i) such amendment does not increase the interest rate or shorten the maturity of such Seller Notes and (ii) the terms of such amendment, taken as a whole, do not result in a material adverse change to the Management Company, the Company or their respective businesses or the holders of the Securities. Notwithstanding the foregoing, the Company may permit the issuer of the Seller Notes to make payments in kind, in lieu of interest.
Seller Notes. Those certain subordinate promissory notes payable to a seller in a Permitted Acquisition executed in connection with a Permitted Acquisition, which are in form and substance satisfactory to the Agent, which are subject to and the holder of such notes shall have executed and delivered, an Agent Approved Subordination Agreement.
Seller Notes. The Seller Notes, executed by Purchaser; ------------
Seller Notes. Seller shall have made the payments contemplated by Section 6.12 and repaid all amounts outstanding under any Seller Notes that are still held by the Company and any Subsidiary together with any accrued but unpaid interest thereon.
Seller Notes. Section 13.1(j) of the Short Term Credit Agreement is amended by substituting "February 28, 2003" for "March 14, 1996".
