Subordinated Debt Documents. Subject to Section 10.6(m), the failure of any Loan Party to comply with the terms of any intercreditor agreement or any subordination provisions of any note or other document running to the benefit of the Administrative Agent or Lenders, or if any such document becomes null and void or unenforceable against any lender holding the Subordinated Debt.
Subordinated Debt Documents. The failure of any Loan Party to comply with the terms of any intercreditor agreement or any subordination provisions of any note or other document in respect of any Subordinated Debt and running to the benefit of the Administrative Agent or Lenders, or any such document becomes null and void or unenforceable against any holder of such Subordinated Debt or any such holder shall (or shall attempt to) disavow, revoke or terminate any such document or shall otherwise challenge or contest in any action, suit or proceeding in any court or before any Governmental Authority the validity or enforceability of any such document.
Subordinated Debt Documents. The Subordinated Indenture, the Original Subordinated Notes, the Subsidiary Guarantees executed as required under the Subordinated Indenture, the Stockholders Agreement executed by the Subordinated Noteholders in connection with the issuance to them of 8,500 shares of the Borrower's Class B Common Stock and any and all other agreements and instruments executed pursuant thereto.
Subordinated Debt Documents. No “default” or “event of default” (as defined in any Subordinated Debt Document), or event with which the passage of time or the giving of notice, or both, would cause a default or event of default exists, nor will exist immediately after the granting of any Loan or the issuance of any Letter of Credit under this Agreement.
Subordinated Debt Documents. The Borrowers shall have delivered to the Administrative Agent true, correct and complete copies of the documents evidencing the Subordinated Debt (including any amendments thereof) in existence as of the Closing Date and any of such documents not previously delivered and approved by the Administrative Agent shall be in form and substance satisfactory to the Administrative Agent.
Subordinated Debt Documents. Borrower will not and will not permit any Subsidiaries to change or amend the terms of the Subordinated Debt Documents, if the effect of such amendment is to: (a) increase the interest rate on the Subordinated Debt; (b) shorten the time of payments of principal or interest due under the Subordinated Debt Documents; (c) change any event of default or any covenant to a materially more onerous or restrictive provision; (d) change the subordination provisions thereof (or the subordination terms of any guaranty thereof); (e) change or amend any other term if such change or amendment would materially increase the obligations of the obligor or confer additional material rights on the holders of the Subordinated Debt in a manner materially adverse to Agent or any Lender as senior creditors or the interests of the Lenders under this Agreement or any other Loan Document in any respect; or (f) in any manner amend any term of any Subordinated Debt Document relating to the prohibition of the creation or assumption of any Lien upon the properties or assets of Borrower or any Subsidiary or relating to the prohibition of creation, existence or effectiveness of any consensual encumbrance or restriction of any kind on the ability of any Subsidiary to (i) pay dividends or make any other distribution; (ii) subject to subordination provisions, pay any Indebtedness owed to Borrower or any Subsidiary; (iii) make loans or advances to Borrower or any Subsidiary; or (iv) transfer any of its property or assets to Borrower or any Subsidiary.
Subordinated Debt Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend any Subordinated Debt Document unless approved in writing by the Required Lenders (other than ministerial amendments and amendments to extend the time or times for payment). The Borrower shall not make any payments of interest or any other amounts in respect of the Subordinated Debt if a Default shall have occurred and be continuing or would result from such payment. The Borrower will not prepay any principal, interest or other indebtedness in respect of Subordinated Debt, or make any redemption or acquisition for value or defeasance, refinancing or exchange (other than for PIK Notes) thereof or therefor, or make any payments in contravention of the Subordination Agreement. Any PIK Notes shall have the same terms as the related Subordinated Notes, except as otherwise approved by the Required Lenders, and shall be considered Subordinated Notes for purposes of this Agreement and the Subordination Agreement.
Subordinated Debt Documents. 54 SECTION 6.13. Change in Fiscal Year...............................................................55 SECTION 6.14. Term Loan Agreement.................................................................55
Subordinated Debt Documents. As of the Closing Date, the outstanding principal balance of the Subordinated Notes is $130,000,000, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of the Subordinated Notes are described on Schedule 4.29 hereto. All Obligations are "Senior Indebtedness" and "Designated Senior Indebtedness" as defined in the Subordinated Indenture and are and will be incurred in compliance with the Subordinated Indenture. This Agreement and the other Loan Documents are the "Senior Credit Facility" as defined in the Subordinated Indenture. Other then the Obligations, the Second Secured Debt, the Third Secured Term Loan Debt and the Fourth Secured Term Loan Debt there is no other "Designated Senior Indebtedness" thereunder. All Obligations, including all Advances and Letter of Credit Usage, up to the full amount of the Total Commitment, are permitted to be incurred pursuant to Sections 4.3(b)(1) and 4.3(b)(11) of the Subordinated Note Indenture without satisfying the requirements of Section 4.3(a). There is no event of default or event or condition which would become an event of default with notice or lapse of time or both, under the Subordinated Debt Documents and each of the Subordinated Debt Documents is in full force and effect. Other than pursuant to the Subordinated Debt Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Closing Date which obligates the Parent or any of its Subsidiaries to pay any principal or interest or redeem any of its Stock or incur any other monetary obligation, and the Subordinated Notes and any other promissory note or other instrument evidencing any Subordinated Debt issued at any time pursuant to the Subordinated Debt Documents are and will be "Securities" as defined in the Subordinated Indenture.
Subordinated Debt Documents. (A) Borrower shall not amend or otherwise change the terms of any of the Subordinated Debt Documents. Borrower shall not make any payment which would not have been made in the absence of an amendment or change of terms of the Subordinated Debt Documents unless such amendment or change has been approved by the Requisite Lenders.
