Senior Unsecured Debt. The Private Placement Debt and any other unsecured Indebtedness of Borrower with a principal amount in excess of $15 million that is not in any manner subordinated in right of payment or security in any respect to the Indebtedness of Borrower under this Credit Agreement.
Senior Unsecured Debt. Borrower will not (i) amend or enter into any agreement to amend or otherwise change the Indenture or any agreement or instrument executed in connection therewith; (ii) fail to comply in any material respect with the provisions of the Indenture; or (iii) except as specifically required by the Indenture, make any prepayment of amounts owing under the Senior Unsecured Notes.
Senior Unsecured Debt. Borrower shall maintain no funds on deposit with, shall not acquire any certificates of deposit or other financial instruments from, nor hold any Indebtedness owing to Borrower by, any Senior Unsecured Bank unless such Senior Unsecured Bank shall first have executed a written agreement in favor of Lenders (in form and substance acceptable to Lenders) subordinating or waiving its rights to set-off or to assert any "bankers lien." Borrower shall comply at all times with all terms and conditions set forth in any document or instrument evidencing any Senior Unsecured Debt and shall take all other actions as may be necessary to ensure that at all times (before or after the expiration of any applicable grace periods), no Senior Unsecured Bank shall have the right to accelerate the maturity of any installment of the Senior Unsecured Debt. ARTICLE 8
Senior Unsecured Debt. 1. Senior Unsecured Debt of Company: $____________ Line O.1 not to exceed $300,000,000 P. SECTION 7.06(P): OTHER INDEBTEDNESS AND CONTINGENT OBLIGATIONS FOR OTHER ------------------------------------------------------------------------- THAN BORROWED MONEY. -------------------
Senior Unsecured Debt provided that, (i) on a pro forma basis after giving effect thereto and the use of proceeds thereof, the Leverage Ratio shall not be greater than 2.50 to 1.00, (ii) if any Second Lien Debt is outstanding at the time of the issuance of such Senior Unsecured Debt, such Senior Unsecured Debt issuance must result in net cash proceeds to the Borrower sufficient to repay in full in cash all of the Second Lien Debt and any other amounts owing in connection therewith, (iii) if any such Second Lien Debt is outstanding at the time of the issuance of such Senior Unsecured Debt, the proceeds of such Senior Unsecured Debt must, subject to the proviso below, be applied on the date of the closing of such issuance of Senior Unsecured Debt first to repay in full in cash all of the Second Lien Debt and any other amounts owing in connection therewith, and any remaining proceeds after such application may then be transferred to the Borrower’s primary operating account or otherwise used by the Borrower and its Subsidiaries in accordance with the terms of this Agreement; provided that, the Borrower shall be permitted to close such issuance and not repay the Second Lien Debt until the Second Lien Payoff Date so long as (A) during the period between the closing of such issuance and the Second Lien Payoff Date, all of the proceeds of Senior Unsecured Debt issuance shall be held in a segregated account of the Borrower under the control of the Administrative Agent, (B) on or before the Second Lien Payoff Date, the proceeds of such issuance are first applied to repay in full in cash the Second Lien Debt and all amounts owing in connection therewith, and (C) on the date of the issuance of such Senior Unsecured Debt, the Borrower shall deliver a certificate to the Administrative Agent certifying that (1) the issuance of such Senior Unsecured Debt will not cause a default under the Second Lien Documents, (2) both before and after giving effect to the issuance of such Senior Unsecured Debt, the representations and warranties contained in this Agreement and the representations and warranties contained in the other Loan Documents are true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representation or warranty that already is qualified or modified by materiality in the text thereof) on and as of the date thereof as if made on as and as of such date except to the extent that any such representation or warranty expressly relates s...
Senior Unsecured Debt. To Agent, as soon as practicable, copies of all material written notices given or received by any Credit Party with respect to any Senior Unsecured Debt of such Person, and, within two (2) Business Days after any Credit Party obtains knowledge of any matured or unmatured event of default with respect to any Senior Unsecured Debt, notice of such event of default.
Senior Unsecured Debt. 80 7.14 Minimum Adjusted Tangible Net Worth.................................. 81 7.15
Senior Unsecured Debt. Permit, at any time during which Borrower does not have an Investment Grade Debt Rating, (a) the Total Outstandings to exceed the Borrowing Base Availability or (b) the Borrowing Base Availability to be less than zero (0). EXHIBIT 10.1
Senior Unsecured Debt. The Borrower shall have used its best efforts to issue the High-Yield Notes and shall, in any event, have issued the Senior Unsecured Debt and received the net proceeds thereof.
Senior Unsecured Debt. The Borrower may not use asset sale proceeds to acquire any assets other than those which the Borrower has publicly announced (as of 12/31/97) and the Olivier House located in New Orleans, LA. Any reductions of the Sub-Debt shall be deemed permanent reductions of the Sub-Debt.
