Sub Debt Sample Clauses
Sub Debt. No Restricted Party shall:
(a) make any payment on, or under any guarantee of, or purchase, repurchase, redeem, defease or otherwise acquire for value, any Sub Debt if a Default has occurred and is continuing or would result from doing so, except that if the terms of any Sub Debt allow the Lenders to give a "Payment Blockage Notice" to prevent certain mandatory payments, those mandatory payments will only be prevented by the preceding part of this sentence if a Payment Blockage Notice is in effect;
(b) amend, supplement, restate, modify, replace, terminate or waive the original terms of any Sub Debt or any guarantee of any Sub Debt, if doing so would amend, supplement, restate, modify, replace, terminate, waive or relinquish the benefit of the related subordination provisions referred to in item (b) of the definition of Sub Debt; or
(c) amend, supplement, restate, modify, replace, terminate or waive the original terms of any Sub Debt or any guarantee of any Sub Debt, if doing so would shorten, reduce or accelerate the maturity date or payment date of any payment of principal or would affect any mandatory redemption, prepayment, repurchase or offer to repurchase requirement, implement any additional such requirement or affect any other principal payment requirement, except for an extension of the maturity date of the Sub Debt.
Sub Debt. In exchange for the outstanding Series 1 Sub Debt, the holders of the Series 1 Sub Debt shall receive in the aggregate the right to receive the Series 1 Earn-out Percentage of the Earn-out Amount. Each holder of Series 1 Sub Debt shall receive its pro rata portion of the consideration set forth in the immediately preceding sentence. For purposes of this paragraph, "pro rata portion" shall be a fraction having as its numerator the amount of Series 1 Sub Debt held by such holder at the Effective Time and having as its denominator the aggregate amount of Series 1 Sub Debt outstanding at the Effective Time. All such Series 1 Sub Debt shall cease to be outstanding and shall be canceled and retired and shall cease to exist, and each holder of instruments or notes that immediately prior to the Closing Date represented any Series 1 Sub Debt (a "SERIES 1 SUB DEBT NOTE" and collectively, the "SERIES 1 SUB DEBT NOTES") shall thereafter cease to have any rights with respect to such Series 1 Sub Debt, except the right to receive the applicable pro rata portion of the Merger Consideration to be issued in consideration therefor (including any cash paid in lieu of fractional shares) and any other distributions to which holders of Series 1 Sub Debt become entitled, all in accordance with this Article III upon the surrender of such Series 1
Sub Debt. (a) This Agreement does not contravene or conflict with the Sub Debt Indenture and the incurrence of the Obligations is in compliance with the Sub Debt Indenture and will not contravene or cause a default under the Sub Debt Indenture.
(b) All Obligations are "Senior Indebtedness" and "Designated Senior Indebtedness" as defined in the Sub Debt Indenture and are entitled to the benefit of all subordination provisions of the Sub Debt Indenture.
(c) This Agreement constitutes the "Senior Credit Facility" as defined in the Sub Debt Indenture.
Sub Debt. Neither Wafer nor Fresh N.A. Sub will, nor shall Fresh Produce or any of its Subsidiaries permit or cause Wafer or Fresh N.A. Sub to, create, incur, assume or suffer to exist any Debt (other than Debt under the Loan Documents to which it is a party).
Sub Debt. (a) This Agreement does not contravene or conflict with the Sub Debt Indentures and the incurrence of the Obligations is in compliance with the Sub Debt Indentures and will not contravene or cause a default under any Sub Debt Indenture.
(b) All Obligations are "Senior Indebtedness" and "Designated Senior Indebtedness" as defined in the Sub Debt Indentures relating to the 2000 Notes and the 2004 Notes and are entitled to the benefit of all subordination provisions of the Sub Debt Indentures. [Note: Section amended by Twelfth Amending Agreement]
(c) This Agreement constitutes the "Senior Credit Facility" as defined in the Sub Debt Indentures relating to the 2000 Notes and the 2004 Notes. [Note: Section amended by Twelfth Amending Agreement]
(d) CHC has complied in all respects with the Sub Debt Indenture relating to the 2000 Notes in connection with the ▇▇▇▇▇▇▇▇▇ Acquisition, including but not limited to compliance concerning the Debt incurred in connection with the ▇▇▇▇▇▇▇▇▇ Acquisition and the Subsidiaries acquired through the ▇▇▇▇▇▇▇▇▇ Acquisition. [Note: Section added by Tenth Amending Agreement]
Sub Debt. No proceeds of any Loans or LC Borrowings may be used by Borrower to pay the Sub-Debt.