Common use of Subordinated Debt Documents Clause in Contracts

Subordinated Debt Documents. All representations and warranties of the Company contained in any Subordinated Debt Documents are true and correct in all material respects as of the dates required by such documents. The Company will receive net proceeds in the approximate amount of $20,000,000 on the Effective Date from the exchange of the Existing Subordinated Notes for the Subordinated Notes. All Subordinated Note Documents are described on SCHEDULE 1.1-B hereto. All Existing Subordinated Note Documents are described on SCHEDULE 1.1-C hereto. All Lender Indebtedness is "Senior Debt" and "Designated Senior Debt" as defined in the Subordinated Note Documents and the Existing Subordinated Note Documents and entitled to the benefits of all subordination provisions contained in such Subordinated Debt Documents, and other than the Lender Indebtedness, there is no other "Designated Senior Debt" thereunder. There is no event of default or event or condition which -57- could 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 Notes, the Existing Subordinated Notes and the Preferred Stock Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt or Preferred Stock 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.

Subordinated Debt Documents. All representations and warranties As of the Company contained in any Subordinated Debt Documents are true and correct in all material respects as Closing Date, the outstanding principal balance of the dates required by such documents. The Company will receive net proceeds in Subordinated Notes is $130,000,000, and all agreements, instruments and documents executed or delivered pursuant to the approximate amount of $20,000,000 on the Effective Date from the exchange original issuance of the Existing Subordinated Notes for the Subordinated Notes. All Subordinated Note Documents are described on SCHEDULE 1.1-B Schedule 4.29 hereto. All Existing Subordinated Note Documents Obligations are described on SCHEDULE 1.1-C hereto. All Lender Indebtedness is "Senior DebtIndebtedness" and "Designated Senior DebtIndebtedness" as defined in the Subordinated Note Documents Indenture and are and will be incurred in compliance with the Subordinated Indenture. This Agreement and the Existing other Loan Documents are the "Senior Credit Facility" as defined in the Subordinated Note Documents Indenture. Other then the Obligations, the Second Secured Debt, the Third Secured Term Loan Debt and entitled to the benefits of all subordination provisions contained in such Subordinated Fourth Secured Term Loan Debt Documents, and other than the Lender Indebtedness, there is no other "Designated Senior DebtIndebtedness" 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 -57- could 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 Notes, the Existing Subordinated Notes and the Preferred Stock Debt Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt or Preferred Stock outstanding or to be outstanding on the Effective Closing Date which obligates the Company Parent 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 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. All representations and warranties of the Company contained in any Subordinated Debt Documents Document are true and correct in all material respects as of the dates required by date such documentsrepresentations and warranties were made. The Company will receive net proceeds in the approximate amount of $20,000,000 on the Effective Date from the exchange As of the Existing Closing Date, the outstanding principal balance of the Subordinated Notes for is $130,000,000, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of the Subordinated Notes. All Subordinated Note Documents Notes are described on SCHEDULE 1.1-B Schedule 5.31 hereto. All Existing Subordinated Note Documents Secured Obligations are described on SCHEDULE 1.1-C hereto. All Lender Indebtedness is "Senior DebtIndebtedness" and "Designated Senior DebtIndebtedness" as defined in the Subordinated Note Documents Indenture and are and will be incurred in compliance with the Subordinated Indenture. This Agreement and the Existing other Loan Documents are the "Senior Credit Facility" as defined in the Subordinated Note Documents and entitled to the benefits of all subordination provisions contained in such Subordinated Debt Documents, and other Indenture. Other than the Lender IndebtednessSecured Obligations, the Second Secured Debt, the Third Secured Term Loan Debt and the Fourth Secured Term Loan Debt there is no other "Designated Senior DebtIndebtedness" thereunder. All Secured Obligations, up to the full amount of the Aggregate Commitments, are incurred pursuant to Section 4.3(b)(i) of the Subordinated Note Indenture and do not need to meet the requirements of Section 4.3(a). There is no event of default or event or condition which -57- could 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 Notes, the Existing Subordinated Notes and the Preferred Stock Debt Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt or Preferred Stock outstanding or to be outstanding on the Effective Closing 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 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. All representations and warranties of the Company contained in any Subordinated Debt Documents are true and correct in all material respects as of the dates required by such documents. The Company will receive net proceeds in the approximate amount of $20,000,000 on the Effective Date from the exchange of the Existing Subordinated Notes for the Subordinated Notes. All Subordinated Note Documents are described on SCHEDULE 1.1-B hereto. All Existing Subordinated Note Documents are described on SCHEDULE 1.1-C hereto. All Lender Indebtedness is "Senior Debt" and "Designated Senior Debt" as defined in the Subordinated Note Documents and the Existing Subordinated Note Documents and entitled to the benefits of all subordination provisions contained in such Subordinated Debt Documents, and other than the Lender Indebtedness, there is no other "Designated Senior Debt" thereunder. There is no event of default or event or condition which -57- - 57 - could 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 Notes, the Existing Subordinated Notes and the Preferred Stock Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt or Preferred Stock 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.