Existing Senior Obligations definition

Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (aa) issued in offerings registered under the Securities Act of 1933, as amended or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (bb) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with the Amended and Restated Credit Agreement dated as of January 17, 2006, as amended or supplemented from time to time, among the Company, Wxxxx Fargo Bank, National Association, as Administrative Agent under the Credit Agreement, and the lenders named therein, and certain other lenders party thereto from time to time, or any replacement facility thereof). This Section 3.7 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantors hereunder. Each Guarantor acknowledges and agrees with the Trustee and each Holder as follows:

Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (aa) issued in offerings registered under the Securities Act of 1933, as amended or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (bb) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with the Credit Agreement dated as of February 7, 2003, as amended or supplemented from time to time, among the Company, Wells Fargo Xxxx, National Association, as Administrative Agent under the Credit Agreement, and the lenders named therein, and certain other lenders party thereto from time to time). This Section 2.7 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantors hereunder. Each Guarantor acknowledges and agrees with the Trustee and each Holder as follows:

Existing Senior Obligations means all advances to, and debts, liabilities, obligations, covenants and duties of, any Grantor described in clause (a)(i) of the definition of “Obligations” in the Existing Senior Credit Agreement.

Examples of Existing Senior Obligations in a sentence

• If any Existing Senior Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Grantor any amount (a “Recovery”) for any reason whatsoever, then the Existing Senior Obligations shall be reinstated to the extent of such Recovery and the Existing Senior Secured Parties shall be entitled to a reinstatement of Existing Senior Obligations with respect to all such recovered amounts.

• Upon the Discharge of the Existing Senior Obligations, upon written request for the termination hereof delivered by the Borrower to the Collateral Agent, this Agreement shall terminate.

• In addition, so long as the Existing Senior Obligations (as defined in the Note) remain outstanding, each successor Trustee appointed hereunder other than by reason of automatic succession in accordance with the provisions of Section 8.13 hereunder will be subject to the approval of NW Capital or any Replacement Lender.

• If on or prior to June 30, 2000, (a) the LIFO Repayment Date shall have occurred and (b) all Existing Senior Obligations shall have been paid or cahs collateralized, as applicable, in full and the Existing Letter of Credit Commitment shall have been terminated, this Warrant shall be canceled and returned to the Company.

• This Agreement shall terminate automatically upon the indefeasible payment in full of all of the Existing Senior Obligations; PROVIDED that Sections 2.4, 2.5, 2.8(h), 6.6, 6.7 and 8.4 shall survive, and remain operative and in full force and effect, regardless of the termination of this Agreement.

More Definitions of Existing Senior Obligations

Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (aa) issued in offerings registered under the Securities Act of 1933, as amended or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (bb) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with the Credit Agreement dated as of February 7, 2003, as amended or supplemented from time to time, among the Company, Wells Fargo Bank, National Association, as Administrative Xxxxx under the Credit Agreement, and the lenders named therein, and certain other lenders party thereto from time to time). This Section

Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (a) issued in offerings registered under the Securities Act of 1933 or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (b) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture. This Section 2.8 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantor hereunder. The Guarantor acknowledges and agrees with the Trustee and each Holder as follows:

Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (a) issued in offerings registered under the Securities Act of 1933 or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (b) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with (i) the Credit Agreement dated as of the date hereof, as amended or supplemented from time to time, among the Company, Wachovia Bank, N.A., as Agent and as a Bank, and certain other Banks parties thereto from time to time and (ii) the Revolving Loan Credit Agreement dated as of the date hereof, as amended or supplemented from time to time, between the Company and Wachovia Bank, N.A.). This Section 2.7 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantors hereunder. Each Guarantor acknowledges and agrees with the Trustee and each Holder as follows:

Existing Senior Obligations shall have the meaning specified in MRA Appendix A.

Existing Senior Obligations means an undivided 33% interest of the Existing Obligations pro rata among all Existing Lenders.

Existing Senior Obligations means the amounts set forth on Exhibit H hereto.

Existing Senior Obligations means Senior Obligations of the Borrower existing as of the Effective Date, as listed and described in Part A of Schedule III (Existing Indebtedness).