Common use of Senior Subordinated Debt Documents Clause in Contracts

Senior Subordinated Debt Documents. All representations and warranties of the Company contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving net proceeds in the approximate amount of $120,800,000 on the Effective Date from its issuance of the Senior Subordinated Notes, and all agreements, instruments and documents executed or delivered pursuant to the issuance of the Senior Subordinated Notes are described on Schedule 1.1 hereto. All Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging Obligations of each Borrower and each Guarantor owed to any Lender is "Senior Debt " and "Designated Senior Debt" as defined in the Senior Subordinated Debt Documents and, other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents, there is no other "Designated Senior Debt" thereunder. There is no Event of Default or event or condition which could become an Event of Default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation.

Senior Subordinated Debt Documents. All representations and warranties of the Company contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving has received net proceeds in the approximate amount of $120,800,000 on June 24, 1997 and in the Effective Date approximate amount of $36,400,000 on April 1, 1998 and $40,600,000 on December 8, 1998 from its issuance of the Senior Subordinated Notes, and all agreements, instruments and documents executed or delivered pursuant to the issuance of the Senior Subordinated Notes are described on Schedule 1.1 hereto. All Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging Obligations of each Borrower and each Guarantor owed to any Lender is "Senior Debt " and "Designated Senior Debt" as defined in the Senior Subordinated Debt Documents and, other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents, there is no other "Designated Senior Debt" thereunder. There is no Event of Default or event or condition which could become an Event of Default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20Notes, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation.. The Term Loan is and will be incurred pursuant to, and in full compliance with, Section 4.3(a) of the Senior Subordinated Note Indenture, and the Term Loan is classified as Indebtedness incurred under Section 4.3(a) of the Senior Subordinated Note Indenture and are not classified as Indebtedness outstanding or incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indenture. All Tooling Revolving Credit Loans constitute "Tooling Indebtedness" as defined in the Senior Subordinated Note Indenture and are incurred

Senior Subordinated Debt Documents. All representations and warranties of the Company Borrowers contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company TAG will be receiving receive net proceeds in the approximate amount of One Hundred Sixteen Million Four Hundred Thousand Dollars ($120,800,000 116,400,000) on the Effective Date from its issuance of the Senior Subordinated Notes, and all agreements, instruments and documents executed or delivered pursuant to the issuance of the Senior Subordinated Notes are described on Schedule 1.1 8.17 hereto. All Advances and all other present and future indebtedness, obligations and liabilities pursuant to this Agreement and the Loan Documents and all Rate Hedging Obligations of each Borrower and each Guarantor owed to any Lender Documents, is "Senior Debt " and "Designated Senior Debt" as defined in the Senior Subordinated Debt Documents and, other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents, there is is, as of the date of this Agreement, no other "Designated Senior Debt" thereunder. There is no Event of Default or event or condition which could become an Event of Default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20Notes, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company either Borrower to pay any principal or interest or redeem any of its Capital Stock capital stock or incur any other monetary obligation.

Senior Subordinated Debt Documents. All representations and warranties of the Company contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving has received net proceeds in the approximate amount of $120,800,000 on June 24, 1997 and in the Effective Date approximate amount of $36,400,000 on April 1, 1998 and $40,600,000 on December 8, 1998 from its issuance of the Senior Subordinated Notes, and all agreements, instruments and documents executed or delivered pursuant to the issuance of the Senior Subordinated Notes are described on Schedule 1.1 1.1(D) hereto. All Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging Obligations of each Borrower and each Guarantor owed to any Lender or an Affiliate of a Lender is "Senior Debt " and "Designated Senior Debt" as defined in the Senior Subordinated Debt Documents and, other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents, there is no other "Designated Senior Debt" thereunder. There is no Event of Default or event or condition which could become an Event of Default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20Notes, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation. The Term Loan is and will be incurred pursuant to, and in full compliance with, Section 4.3(a) of the Senior Subordinated Note Indenture, and the Term Loan is classified as Indebtedness incurred under Section 4.3(a) of the Senior Subordinated Note Indenture and are not classified as Indebtedness outstanding or incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indenture. All Tooling Revolving Credit Loans constitute "Tooling Indebtedness" as defined in the Senior Subordinated Note Indenture and are incurred pursuant to Section 4.3 (b) of the Senior Subordinated Note Indenture and do not need to meet the requirements of Section 4.3(a). All Revolving Credit Advances, up to the full amount of the aggregate Revolving Credit Commitments, are incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indenture and do not need to meet the requirements of Section 4.3(a).

Senior Subordinated Debt Documents. All representations and warranties of the Company contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving has received net proceeds in the approximate amount of $120,800,000 on June 24, 1997 and in the Effective Date approximate amount of $36,400,000 on April 1, 1998 and $40,600,000 on December 8, 1998 from its issuance of the Senior Subordinated Notes, and all agreements, instruments and documents executed or delivered pursuant to the issuance of the Senior Subordinated Notes are described on Schedule 1.1 1.1(D) hereto. All Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging Obligations of each Borrower and each Guarantor owed to any Lender is "Senior Debt " and "Designated Senior Debt" as defined in the Senior Subordinated Debt Documents and, other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents, there is no other "Designated Senior Debt" thereunder. There is no Event of Default or event or condition which could become an Event of Default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20Notes, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation. The Term Loan is and will be incurred pursuant to, and in full compliance with, Section 4.3(a) of the Senior Subordinated Note Indenture, and the Term Loan is classified as Indebtedness incurred under Section 4.3(a) of the Senior Subordinated Note Indenture and are not classified as Indebtedness outstanding or incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indenture. All Tooling Revolving Credit Loans constitute "Tooling Indebtedness" as defined in the Senior Subordinated Note Indenture and 51 57 are incurred pursuant to Section 4.3 (b) of the Senior Subordinated Note Indenture and do not need to meet the requirements of Section 4.3(a). All Revolving Credit Advances, up to the full amount of the aggregate Revolving Credit Commitments, are incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indenture and do not need to meet the requirements of Section 4.3(a).

Senior Subordinated Debt Documents. All representations and warranties of the Company each Borrower and any of its Subsidiaries contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving net proceeds in the approximate amount of $120,800,000 on the Effective Date from its issuance of the Senior Subordinated Notes, and all All agreements, instruments and documents executed or delivered pursuant to the issuance of the Senior Subordinated Notes are described on Schedule 1.1 hereto4.20. All Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging such Obligations of each Borrower and each Guarantor owed to any Lender is are "Senior Debt " and "Designated Senior Debt" as defined in the Senior Subordinated Debt Documents and, other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan DocumentsObligations, there is no other "Designated Senior Debt" thereunder. There is no Event event of Default default or event or condition which could become an Event event of Default default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20Notes, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation. The Term Loan is incurred pursuant to, and in full compliance with, Section 4.3(a) of the Senior Subordinated Note Indentures, and the Term Loan is classified as Indebtedness incurred under Section 4.3(a) of the Senior Subordinated Note Indentures and is not classified as Indebtedness outstanding or incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indentures; and all other Loans and Letter of Credit Obligations, up to the full amount of the aggregate Revolving Credit Commitments, have been or will be incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indentures and do not need to meet the requirements of Section 4.3(a).

Senior Subordinated Debt Documents. All representations and warranties of the Company contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving has received net proceeds in the approximate amount of not less than $120,800,000 94,000,000 on the Effective Date January 22, 1998 from its issuance of the Senior Subordinated Notes, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of the Senior Subordinated Notes are described on Schedule 1.1 1.1(b) hereto. All Lender Indebtedness, including without limitation all present and future Revolving Credit Advances and the Term Loan and all other present and future indebtednessLender Indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging Obligations of each Borrower and each Guarantor owed to any Lender is "Senior Debt Indebtedness" and "Designated Senior DebtIndebtedness" as defined in the Senior Subordinated Debt Indenture and is and will be incurred in compliance with the Senior Subordinated Indenture. This Agreement and the other Loan Documents and, other are the "Senior Credit Facility" as defined in the Senior Subordinated Indenture. Other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan DocumentsLender Indebtedness, there is no other "Designated Senior DebtIndebtedness" thereunder. The Term Loan is being incurred pursuant to, and in full compliance with, Section 4.3(a) of the Senior Subordinated Note Indenture, and the Term Loan is classified as Indebtedness incurred under Section 4.3(a) of the Senior Subordinated Note Indenture and is not classified as Indebtedness outstanding or incurred pursuant to Section 4.3(b)(1) of the Senior Subordinated Note Indenture. All Revolving Credit Advances, up to the full amount of the aggregate Revolving Credit Commitments, are incurred pursuant to Section 4.3(b)(i) of the Senior Subordinated Note Indenture and do not need to meet the requirements of Section 4.3(a). There is no Event event of Default default or event or condition which could would become an Event event of Default default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20Debt Documents, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company or any of its Subsidiaries to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation, and the Senior Subordinated Notes and any other promissory note or other instrument evidencing any Subordinated Debt issued at any time pursuant to the Senior Subordinated Debt Documents are and will be "Securities" as defined in the Senior Subordinated Indenture.

Senior Subordinated Debt Documents. All representations and warranties of the Company contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving net proceeds in the approximate amount As of $120,800,000 on the Effective Date from its issuance Date, the outstanding principal balance of the Senior Subordinated NotesNotes is $130,000,000, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of the Senior Subordinated Notes are described on Schedule 1.1 hereto1.1(b) of the Senior Credit Agreement. All Advances Lender Indebtedness and all other present Obligations are “Senior Indebtedness” and future indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging Obligations of each Borrower and each Guarantor owed to any Lender is "Senior Debt " and "“Designated Senior Debt" Indebtedness” as defined in the Senior Subordinated Debt Documents and, other Indenture and are and will be incurred in compliance with the Senior Subordinated Indenture. Other than the Advances Lender Indebtedness and all other present and future indebtedness, obligations and liabilities pursuant to the Loan DocumentsObligations, there is no other "“Designated Senior Debt" Indebtedness” thereunder. This Loan is being incurred pursuant to, and in full compliance with, Section 4.3(b) of the Senior Subordinated Note Indenture, and the Loan is classified as Indebtedness incurred under Section 4.3(b) of the Senior Subordinated Note Indenture. There is no Event event of Default default or event or condition which could would become an Event event of Default default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20Debt Documents, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company or any of its Subsidiaries to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation, and the Senior Subordinated Notes and any other promissory note or other instrument evidencing any Subordinated Debt issued at any time pursuant to the Senior Subordinated Debt Documents are and will be “Securities” as defined in the Senior Subordinated Indenture.

Senior Subordinated Debt Documents. All representations and warranties of the Company each Borrower and any of its Subsidiaries contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving net proceeds in the approximate amount of $120,800,000 on the Effective Date from its issuance of the Senior Subordinated Notes, and all All agreements, instruments and documents executed or delivered pursuant to the issuance of the Senior Subordinated Notes are described on Schedule 1.1 hereto4.20. All Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging such Obligations of each Borrower and each Guarantor owed to any Lender is are "Senior Debt " and "Designated Senior Debt" as defined in the Senior Subordinated Debt Documents and, other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan DocumentsObligations, there is no other "Designated Senior Debt" thereunder. There is no Event event of Default default or event or condition which could become an Event event of Default default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20Notes, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation. The Term Loan was incurred pursuant to, and in full compliance with, Section 4.3(a) of the Senior Subordinated Note Indentures, and the Term Loan is classified as Indebtedness incurred under Section 4.3(a) of the Senior Subordinated Note Indentures and is not classified as Indebtedness outstanding or incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indentures; and all other Loans and Letter of Credit Obligations, up to the full amount of the aggregate Revolving Credit Commitments, have been or will be incurred pursuant to Section 4.3(b) of the Senior Subordinated Note Indentures and do not need to meet the requirements of Section 4.3(a).