Designated Secured Indebtedness definition

Designated Secured Indebtedness means Indebtedness secured by a Lien permitted under clause (d) or (e) of Section 6.02.
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Designated Secured Indebtedness means Indebtedness secured by a Lien permitted under clause (d) or (e) of Section 6.02. “ Disclosed Matters ” means the actions, suits and proceedings and the environmental matters disclosed in Schedule 3.05.
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Designated Secured Indebtedness means any particular Secured Indebtedness, if the instrument creating or evidencing the same or the assumption thereof (or related agreements or documents to which the Company is a party) expressly provides that such Indebtedness shall be "Designated Secured Indebtedness" for purposes of this Indenture (provided that such instrument, agreement or other document may place limitations and conditions on the right of such Secured Indebtedness to exercise the rights of Designated Secured Indebtedness).
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Examples of Designated Secured Indebtedness in a sentence

  • The payment of principal plus accrued and unpaid interest on this Note will be subordinate in right of payment to the prior payment in full of all Designated Secured Indebtedness as set forth in the Indenture, dated as of February 16, 2007, by and among (i) the Company, (ii) the Guarantors (as defined therein), and (iii) The Bank of New York Corporate Trust Company, N.A., a national banking association, as trustee.

  • A distribution made under this Article XI to holders of Designated Secured Indebtedness that otherwise would have been made to holders of Securities is not, as between the Company and holders of Securities, a payment by the Company on the Securities.

  • If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in SECTION 6.9 hereof at least 30 days before the expiration of the time to file such claim, the Holders of any Designated Secured Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

  • This Article XI defines the relative rights of holders of Securities and holders of Designated Secured Indebtedness.

  • The Company shall promptly notify the Trustee of any facts known to the Company that would cause a payment of any Obligations with respect to the Securities or the purchase of any Securities by the Company to violate this Article XI, but failure to give such notice shall not affect the subordination of the Securities to the Designated Secured Indebtedness as provided in this Article XI.

  • If payment of the Securities is accelerated because of an Event of Default, the Company shall promptly notify holders of Designated Secured Indebtedness or trustees of such Designated Secured Indebtedness of the acceleration.

  • Whenever a distribution is to be made or a notice given to holders of Designated Secured Indebtedness, the distribution may be made and the notice given to their representative.

  • Notwithstanding anything to the contrary in this Article XI, the Holders of Securities may receive and retain at any time on or prior to the Maturity Date (i) securities that are subordinated to at least the same extent as the Securities to (a) Designated Secured Indebtedness, (b) any securities issued in exchange for Designated Secured Indebtedness, and (c) shares of Common Stock, and (ii) payments and other distributions made from any trust created pursuant to SECTION 8.1.

  • The Trustee in its individual or any other capacity may hold Designated Secured Indebtedness with the same rights it would have if it were not Trustee.

  • The holders of Designated Secured Indebtedness shall have the right to rely upon this Article XI, and no amendment or modification of the provisions contained herein shall diminish the rights of such holders unless the holders affected thereby shall have agreed in writing thereto.


More Definitions of Designated Secured Indebtedness

Designated Secured Indebtedness means any of the following which are secured or intended to be secured by any lien on any property or asset of the Company or any of its subsidiaries: (i) the principal (including redemption payments), premium, if any, interest and other payment obligations in respect of (y) indebtedness of the Company or any of its subsidiaries for money borrowed and (z) indebtedness evidenced by debentures, bonds, notes or other similar instruments issued by the Company or any of its subsidiaries, including any such securities issued under any indenture or other instrument to which the Company or any of its subsidiaries is a party (including, for the avoidance of doubt, indentures pursuant to which debentures have been or may be issued); (ii) all capital lease obligations of the Company; (iii) all obligations of the Company or any of its subsidiaries issued or assumed as the deferred purchase price of property, all conditional sale obligations of the Company or any of its subsidiaries, all hedging agreements and agreements of a similar nature thereto and all agreements relating to any such agreements, and all obligations of the Company or any of its subsidiaries under any title retention agreement (but excluding trade accounts payable arising in the ordinary course of business); (iv) all obligations of the Company or any of its subsidiaries for the reimbursement of amounts paid pursuant to any letter of credit, banker’s acceptance, security purchase facility or similar credit transaction; (v) all obligations of the type referred to in clauses (i) through (iv) above of other persons for the payment of which the Company or any of its subsidiaries is responsible or liable as obligor, guarantor or otherwise, in each case which has been designated as Designated Secured Indebtedness by the Company in the agreement or instrument by which such Designated Secured Indebtedness is assumed, created or incurred by the Company or any of its subsidiaries or pursuant to which the liability of the Company or any of its subsidiaries for such Designated Secured Indebtedness arises, or by a resolution of the Directors. Designated Secured Indebtedness shall continue to be Designated Secured Indebtedness and be entitled to the benefits of the subordination provisions of this Trust Indenture irrespective of any amendment, modification or waiver of any term of such Designated Secured Indebtedness;
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Related to Designated Secured Indebtedness

  • Permitted Secured Indebtedness any Secured Indebtedness that:

  • Consolidated Secured Indebtedness means, as of any date of determination, an amount equal to the Consolidated Total Indebtedness as of such date that in each case the payment of which is then secured by Liens on property or assets of the Company and its Restricted Subsidiaries (other than property or assets held in a defeasance or similar trust or arrangement for the benefit of the Indebtedness secured thereby).

  • Secured Indebtedness means any Indebtedness of the Issuer or any of its Restricted Subsidiaries secured by a Lien.

  • Consolidated Secured Debt means the aggregate principal amount of all Indebtedness of the Consolidated Group secured by a Lien on any property owned or leased by them.

  • Total Secured Indebtedness means (a) all Secured Indebtedness of the Consolidated Group determined on a consolidated basis plus (b) the Consolidated Group Pro Rata Share of Secured Indebtedness attributable to interests in Unconsolidated Affiliates.

  • Consolidated Senior Secured Indebtedness means, at any time, without duplication, the aggregate principal amount of all Consolidated Funded Indebtedness of the Company and its Restricted Subsidiaries outstanding on such date, determined on a consolidated basis in accordance with GAAP that, as of such date, is secured by a Lien on any asset of the Company or any Restricted Subsidiary.

  • Designated Indebtedness means any Indebtedness that has been designated by the Borrower at the time of the incurrence thereof as “Designated Indebtedness” for purposes of this Agreement in accordance with the requirements of Section 6.01.

  • Senior Secured Indebtedness means, with respect to any Person as of any date of determination, any Specified Indebtedness; provided that such Indebtedness is in each case secured by a Lien on the assets of the Issuer or its Restricted Subsidiaries on a basis pari passu with or senior to the security in favor of the Notes.

  • Related Indebtedness means any and all indebtedness paid or payable by Borrower to Administrative Agent or any Lender pursuant to any Loan Document other than any Note.

  • Senior Unsecured Indebtedness means Indebtedness that is not subordinated to any other Indebtedness and is not secured or supported by a guarantee, letter of credit or other form of credit enhancement.

  • Consolidated Senior Secured Debt means, as of any date of determination, the aggregate principal amount of Consolidated Total Debt outstanding on such date that is secured by a Lien on any asset or property of any Loan Party.

  • Consolidated Senior Indebtedness means, as of the date of any determination thereof, Consolidated Total Indebtedness less Subordinated Indebtedness of the Borrower and its Subsidiaries, in each case calculated on a consolidated basis as of such date in accordance with GAAP.

  • Unsecured Indebtedness means Indebtedness which is not Secured Indebtedness.

  • Company Indebtedness means all indebtedness of the Company (including without limitation, any loans, advances, letters of credit, bank overdrafts, capital lease obligations and all other indebtedness of any kind including interest, principal and fees).

  • Acquisition Indebtedness Indebtedness of (A) the Borrower or any Restricted Subsidiary Incurred to finance or refinance, or otherwise Incurred in connection with, any acquisition of any assets (including Capital Stock), business or Person, or any merger or consolidation of any Person with or into the Borrower or any Restricted Subsidiary, or (B) any Person that is acquired by or merged or consolidated with or into the Borrower or any Restricted Subsidiary (including Indebtedness thereof Incurred in connection with any such acquisition, merger or consolidation).

  • Permitted Additional Indebtedness means Permitted Additional Unsecured Indebtedness and Permitted Additional Secured Indebtedness.

  • Permitted Unsecured Indebtedness means Indebtedness of the Borrower or any Restricted Subsidiary (a) that is not (and any Guarantees thereof by the Borrower or Restricted Subsidiaries are not) secured by any collateral (including the Collateral), (b) that does not mature earlier than the date that is 91 days after the latest maturity date under this Agreement then in effect, and has a weighted average life to maturity no shorter than the Class of Term Loans with the latest maturity date in effect at the time of incurrence of such Indebtedness, (c) that, in the case of such Indebtedness in the form of bonds, debentures, notes or similar instrument, does not provide for any amortization, mandatory prepayment, redemption or repurchase (other than upon a change of control, fundamental change, customary asset sale or event of loss mandatory offers to purchase and customary acceleration rights after an event of default and, for the avoidance of doubt, rights to convert or exchange in the case of convertible or exchangeable Indebtedness) prior to the date that is the latest maturity date in effect at the time of incurrence of such Indebtedness, (d) that contains covenants, events of default, guarantees and other terms that are customary for similar Indebtedness in light of then-prevailing market conditions and, when taken as a whole (other than interest rates, rate floors, fees and optional prepayment or optional redemption terms), are not more favorable to the lenders or investors providing such Permitted Unsecured Indebtedness, as the case may be, than those set forth in the Loan Documents are with respect to the Lenders (other than covenants or other provisions applicable only to periods after the latest maturity date under this Agreement then in effect); provided that a certificate of a Financial Officer of the Borrower delivered to the Administrative Agent at least five Business Days prior to the incurrence of such Indebtedness or the modification, refinancing, refunding, renewal or extension thereof (or such shorter period of time as may reasonably be agreed by the Administrative Agent), together with a reasonably detailed description of the material terms and conditions of such resulting Indebtedness or drafts of the material definitive documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirements shall be conclusive, and (e) that is not guaranteed by any Person other than on an unsecured basis by Loan Parties.

  • Consolidated First Lien Secured Debt means Consolidated Total Debt as of such date that is not Subordinated Indebtedness and is secured by a Lien on all of the Collateral that ranks on an equal priority basis (but without regard to the control of remedies) with Liens on all of the Collateral securing the Obligations.

  • Additional Indebtedness means any Additional Specified Indebtedness that (1) is secured by a Lien on Collateral and is permitted to be so secured by:

  • Applicable Indebtedness has the meaning specified in the definition of “Weighted Average Life to Maturity.”

  • Junior Lien Indebtedness means any Indebtedness of any Credit Party that is secured by Liens on Collateral that rank junior in priority to the Liens that secure the Obligations.

  • Total Unsecured Indebtedness means, as of any date of determination, that portion of Total Indebtedness which does not constitute Total Secured Indebtedness.

  • Second Lien Indebtedness means the Indebtedness of the Loan Parties owing to the Second Lien Agent and the Second Lien Lenders under the Second Lien Credit Agreement, which Indebtedness is on terms and conditions reasonably acceptable to the Collateral Agent.

  • Designated Senior Indebtedness means Senior Indebtedness under the Credit Agreement and (ii) any other Senior Indebtedness the principal amount of which is $25.0 million or more and that has been designated by the Issuer as Designated Senior Indebtedness.

  • Indebtedness means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP:

  • Securitization Indebtedness means (i) Indebtedness of the Company or any of its Restricted Subsidiaries incurred pursuant to on-balance sheet Securitizations treated as financings and (ii) any Indebtedness consisting of advances made to the Company or any of its Restricted Subsidiaries based upon securities issued by a Securitization Entity pursuant to a Securitization and acquired or retained by the Company or any of its Restricted Subsidiaries.