Subordinated Note Indenture. The Loan Documents and Obligations constitute “Designated Senior Debt” (as defined in the Subordinated Note Indenture) for purposes of the Subordinated Note Indenture.
Subordinated Note Indenture. There shall occur and be continuing any Event of Default under and as defined in the Subordinated Note Indenture.
Subordinated Note Indenture. The Obligations and the Liens securing the Obligations are permitted under and do not conflict with the Senior Subordinated Note Indenture governing the Senior Subordinated Notes and any indenture governing any Refinancing Senior Subordinated Notes.
Subordinated Note Indenture. The 1997 Subordinated Note Indenture with terms and conditions satisfactory to the Agents in their sole discretion, shall have been executed by the parties thereto, and Acquisition Corp. shall have received at least -26- $250,000,000.00 in gross proceeds from the sale of the 1997 Subordinated Note and the net proceeds from such issuance shall have been released to Acquisition Corp. from the escrow in which they were deposited.
Subordinated Note Indenture. The subordination provisions of the Subordinated Note Indenture are and will be enforceable against the holders of the Subordinated Notes by the holders of any Senior Indebtedness (as defined in the Subordinated Note Indenture) which have not effectively waived the benefits thereof. All Obligations, including, without limitation, those to pay principal of and interest (including post- petition interest) on the Revolving Loans and fees and expenses in connection therewith, constitute Senior Indebtedness (as defined in the Subordinated Note Indenture), and all such Obligations are entitled to the benefits of the subordination created by the Subordinated Note Indenture. (ff) Location of Inventory; Place of Business; Chief Executive Office. There is no location at which the Borrower or any of its Subsidiaries has any Inventory (except for Inventory in transit) other than (i) those locations listed on Schedule 5.01(ff) and (ii) any other locations approved in writing by the Lender pursuant to the definition of "Eligible Inventory." Schedule 5.01(ff) hereto contains a true, correct and complete list, as of the Effective Date, of the legal names and addresses of each pipeline or storage facility at which Inventory of the Borrower and its Subsidiaries is stored. None of the receipts received by the Borrower or any of its Subsidiaries from any pipeline or storage facility states that the goods covered thereby are to be delivered to bearer or to the order of a named Person or to a named Person and such named Person's assigns. Schedule 5.01(ff) sets forth a complete and accurate list as of the date hereof of (A) each place of business of the Borrower and its Subsidiaries and (B) the chief executive office of each of the Borrower and its Subsidiaries. ARTICLE VI
Subordinated Note Indenture. The Indenture, dated as of February 12, 1999, by and between the Borrower and Bank of New York (as successor to IBJ Whitehall Bank & Trust Company), as trustee thereunder, with respect to the Subordinated Notes, as in effect on February 12, 1999 and as the same may be supplemented, amended or modified from time to time in accordance with the terms hereof (including, without limitation, Section 10.11) and thereof. Subordinated Note Proceeds. See Section 4.3(e) hereof. Subsidiary. Any corporation, association, limited liability company, partnership, trust, or other business entity of which the designated parent shall at any time own directly or indirectly through a Subsidiary or Subsidiaries at least a majority (by number of votes) of the outstanding Voting Stock, or similar interests entitled to vote or in the case of a partnership, a majority of the economic interest.
Subordinated Note Indenture. The Indenture, dated as of February 12, 1999, by and between the Borrower and Bank of New York (as successor to IBJ Whitehall Bank & Trust Company), as trustee thereunder, with respect to the Subordinated Notes, as in effect on February 12, 1999 and as the same may be supplemented, amended or modified from time to time in accordance with the terms hereof (including, without limitation, ss.11.8) and thereof.
Subordinated Note Indenture. (i) There shall occur and be continuing any Event of Default under and as defined in the Subordinated Note Indenture or (ii) any of the Credit Party Obligations for any reason shall cease to be "Designated Senior Indebtedness" under and as defined in the Subordinated Note Indenture.
Subordinated Note Indenture. If the transactions contemplated in the Amended Credit Agreement are prohibited by the Subordinated Note Indenture (as in effect immediately prior to the Amendment No. 5 Effective Date), the Subordinated Note Indenture shall have been amended in a manner satisfactory to the Agent so as to permit such transactions. The Agent shall have received executed copies of any such amendments and consents to the Subordinated Note Indenture.
Subordinated Note Indenture. The subordination provisions of the Subordinated Note Indenture are and will be enforceable against the holders of the Subordinated Notes by the holders of any Senior Indebtedness (as defined in the Subordinated Note Indenture). All Obligations, including, without limitation, those to pay principal of and interest (including post-petition interest) on the Term Loan and fees and expenses in connection therewith, constitute Senior Indebtedness (as defined in the Subordinated Note Indenture), and all such Obligations are entitled to the benefits of the subordination created by the Subordinated Note Indenture. The Borrower acknowledges that the Agent and the Lenders are entering into this Agreement, and extending their Commitments, in reliance upon the subordination provisions of the Subordinated Note Indenture and this clause (jj). (kk) Schedule 6.01(kk) sets forth, as of the Effective Date, a true, correct and complete list of not more than four potential purchasers in respect of the All Star Sale (the "Prospective All Star Purchasers"), and specifying in reasonable detail the status and the material terms of such offers, including, without limitation, the proposed purchase price and targeted closing date.
