Examples of Deed of Subordination in a sentence
This Agreement, the other Transaction Documents, and the obligations of Company hereunder are subject in all respects to the terms of that certain Deed of Subordination by and among Company, Investor and Bank of New Zealand of even date herewith (as amended, modified or supplemented, the “Subordination Deed”), a copy of which is attached hereto as Exhibit C.
The SecurityPursuant to the Security Agreement (and subject to the Deed of Subordination discussed below), all payments due by Turners and the Guarantors in relation to the Bonds are secured by the Security.
In particular, paragraph 3.4 of Schedule 2 to the Loan Note Instrument provided that if profits of BCM LP were ever allocated to the Corporate Limited Partner in BCMC LP (i.e. RBS, then Fyled) by way of “Superprofits” pursuant to clause 12.1(C) of the BCMC LP Deed, BCMCL was required, subject to clause 5.2 of the Deed of Subordination, to redeem the whole or any part of the outstanding Loan Notes.
The occurrence of a material breach by an Obligor which is party to the Deed of Subordination and which has an Obligor Material Adverse Effect, unless the relevant Obligor has cured (or procured the curing of) the situation so that no Material Adverse Effect exists within a period of ten (10) Business Days from receipt of a written notice from the Facility Agent.
Just as AMUSA failed to put forward any substantive case before the Cayman court to the effect that the Deed of Subordination can be impugned, it has failed in the present application to put forward any substantive evidential basis for its assertions that the Deed was, from Essar Steel’s point of view, entered into for the purpose of asset- stripping in order to avoid liability for the claim AMUSA had a few months previously referred to arbitration.