Senior Subordinated Note Documents. The Borrowers have delivered to the Administrative Agent true, complete and correct copies of the Senior Subordinated Note Documents (including all schedules, exhibits and annexes thereto). The subordination provisions contained in the Senior Subordinated Note Documents are enforceable against the Loan Parties party thereto and the holders thereof, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law. The Loans and all other Secured Obligations are within the definitions of “Senior Debt” and “Designated Senior Debt” included in the subordination provisions with respect to the Senior Subordinated Note Documents. The Loans and all other Secured Obligations of the Loan Parties under this Agreement and each of the other Loan Documents are permitted to be incurred under the Senior Subordinated Note Documents. This Agreement constitutes a replacement and/or refinancing of the Existing Credit Agreement and is within the definition of “Credit Agreement” under the Senior Subordinated Note Agreement.
Senior Subordinated Note Documents. (i) Any of the Obligations of the Loan Parties under the Loan Documents for any reason shall cease to be “Senior Indebtedness” (or any comparable term) or “Senior Secured Financing” (or any comparable term) under, and as defined in any Senior Subordinated Note Documents or (ii) the subordination provisions set forth in any Senior Subordinated Note Documents shall, in whole or in part, cease to be effective or cease to be legally valid, binding and enforceable against the holders of any Senior Subordinated Notes; or
Senior Subordinated Note Documents. Each Senior Subordinated Note Document, executed in connection with Trim Acquisition, shall have been duly executed and delivered by each of the parties thereto, shall be in full force and effect and shall be in form and substance satisfactory to the Agent. The Agent shall have received an executed copy of each of such Senior Subordinated Note Documents certified by an authorized officer of the Borrower as of the Amendment No. 2 Effective Date to be true, correct and complete copies of such documents.
Senior Subordinated Note Documents. You shall have received a copy, certified by the Secretary or Assistant Secretary of the Company as true, correct and complete, of the Senior Subordinated Note Documents as originally executed and delivered, together with all exhibits and schedules thereto.
Senior Subordinated Note Documents. The Administrative Agent shall have received copies of all documents, certificates and instruments reasonably requested by the Administrative Agent with respect to the transactions contemplated by the Senior Subordinated Notes, and each such document, certificate and instrument shall be in form and substance satisfactory to the Administrative Agent.
Senior Subordinated Note Documents. All of the Obligations to pay principal, premium, interest and, to the extent included in Obligations hereunder, obligations under Swap Contracts, are “Senior Debt” as defined in the Senior Subordinated Debt Documents, and other than the Obligations, there is no other “Senior Debt” designated thereunder. The Facilities provided in this Agreement and the other Loan Documents constitutes the “Credit Facilities” as defined in the Senior Subordinated Debt Documents. 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.
Senior Subordinated Note Documents. The Consent Solicitation and the Supplemental Indenture described in the Press Release shall have been delivered to the Agent and shall be in full force and effect and the Company shall reaffirm the continuing accuracy of the representations in Section 5.01(m);
Senior Subordinated Note Documents. The Company shall have ---------------------------------- delivered to the Agent all Senior Subordinated Note Documents, certified as true and correct by a Responsible Officer, which Senior Subordinated Note Documents shall provide that the Loans and all other Obligations are entitled to the benefits of the subordination provisions contained in such Senior Subordinated Note Documents and shall otherwise be in form and substance satisfactory to the Lenders, and the Company shall have received not less than $93,000,000 cash proceeds from the issuance of the Senior Subordinated Notes after deduction of all charges, fees, expenses and discounts in connection with the Transaction.
Senior Subordinated Note Documents. The Senior Subordinated Notes, the Senior Subordinated Indenture, any and all guarantees of any Subsidiary of the Borrower given or made pursuant to the Senior Subordinated Indenture, and each of the Instruments evidencing the Senior Subordinated Notes or pursuant to which any Senior Subordinated Note is issued, incurred or guaranteed. Senior Subordinated Notes. The Senior Subordinated Notes due 2005 issued by the Borrower in accordance with the terms contained in the Offering Memorandum, in an aggregate principal amount outstanding not to exceed $110,000,000, and the Exchange Notes.
Senior Subordinated Note Documents. The Agent shall have received fully executed copies of each Senior Subordinated Note Document, each of which shall be in form and substance satisfactory to the Agent.
