Existing Subordinated Notes means any instrument or loan issued or incurred before 1 January 2013, whether publicly or privately placed, ranking or expressed to be ranking pari passu with all other subordinated obligations (except for those subordinated obligations expressed by their terms to rank junior), provided that should any such Existing Subordinated Notes be amended in any way (contractually or by statute) which would result in allowing the Issuer to issue subordinated notes ranking senior thereto, then such Subordinated Notes would be deemed to no longer constitute an Existing Subordinated Note. As a result, in the event of liquidation or bankruptcy of the Issuer or in the event of a Moratorium (as defined in Condition 3 of the Conditions of the Notes) with respect to the Issuer, the claims of the holders of the Subordinated Notes ("Subordinated Noteholders") against the Issuer will be:
Existing Subordinated Notes means, collectively, the 9.50% Senior Subordinated Notes, the 2.25% Convertible Notes and the 4.00% Convertible Notes, as the same may be amended, restated, supplemented or otherwise modified from time to time as permitted hereunder.
Existing Subordinated Notes means the Company’s 5.75% Convertible Subordinated Notes due June 15, 2008, issued under the Existing Subordinated Notes Indenture.
Examples of Existing Subordinated Notes in a sentence
An "Existing Subordinated Notes Redemption Event" is deemed to have occurred upon redemption or repurchase and cancellation of the full outstanding principal amount of the Existing Subordinated Notes.
The Securities will be senior in right of payment to our Existing Subordinated Notes, our Existing 2002 Senior Subordinated Notes, our Existing 2003 Senior Subordinated Notes.
The restrictions in the prior sentence shall not apply to (i) cash purchases of the Existing Subordinated Notes at a purchase price less than or equal to $0.41 for each $1.00 of Existing Subordinated Notes or (ii) optional redemptions or repurchases at a discount of the Existing Subordinated Notes within one year of the final maturity date of the Existing Subordinated Notes to be redeemed.
The Obligations constitute "Senior Indebtedness" under and as defined in the Senior Subordinated Note Indenture and the indenture relating to the Existing Subordinated Notes.
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More Definitions of Existing Subordinated Notes
Existing Subordinated Notes means the 2024 Subordinated Sterling Notes, the 2025 Subordinated Notes, the 2026 Subordinated Dollar Notes and the 2027 Subordinated Notes.
Existing Subordinated Notes means any instrument or loan issued or incurred before 1 January 2013, whether publicly or privately placed, ranking or expressed to be ranking pari passu with all other subordinated obligations (except for those subordinated obligations expressed by their terms to rank junior), provided that should any such Existing Subordinated Notes be amended in any way (contractually or by statute) which would result in allowing the Issuer to issue subordinated notes ranking senior thereto, then such Subordinated Notes would be deemed to no longer constitute an Existing Subordinated Note. Variation or Substitution If the applicable Final Terms indicate that the Subordinated Notes will be subject to Variation or Substitution and if a CRD IV Capital Event or a Capital Event has occurred and is continuing, then the Issuer may, subject to the prior written permission of the Relevant Regulator provided that at the relevant time such permission is required to be given (but without any requirement for the consent or approval of the Subordinated Noteholders) and having given not less than 30 nor more than 60 days' notice (which notice shall be irrevocable), either substitute all, but not some only, of the Subordinated Notes or vary the terms of the Subordinated Notes so that they remain or, as appropriate, become compliant with CRD IV or such other regulatory capital rules applicable to the Issuer at the relevant time, provided that such variation or substitution shall not result in terms that are materially less favourable to the Subordinated Noteholders and that the resulting securities must have at least, inter alia, the same ranking, interest rate, maturity date, redemption rights, existing rights to accrued interest which has not been paid and assigned the same ratings as the Subordinated Notes. A "CRD IV Capital Event" is deemed to have occurred if the whole of the outstanding nominal amount of Notes can no longer be included in full in the Tier 2 capital of the Issuer by reason of their non-compliance with CRD IV or such other regulatory capital rules applicable to the Issuer at the relevant time. Statutory Loss Absorption Subordinated Notes may become subject to the determination by the relevant Resolution Authority or the Issuer (following instructions from the relevant Resolution Authority) that all or part of the nominal amount of the Subordinated Notes, including accrued but unpaid interest in respect thereof, must be written down, reduced, redeemed and cancelled ...
Existing Subordinated Notes means the series listed below, provided that should any such series be amended in any way which would result in allowing the Issuer to issue Subordinated Notes ranking senior to such given series, then such series would be deemed to no longer constitute an Existing Subordinated Note.
Existing Subordinated Notes means the 11% Subordinated Notes of Holdings due 2012 in the aggregate principal amount of $250,000,000 (including the Exchange Notes issued in exchange for the initial Existing Subordinated Notes as contemplated by the registration rights agreement related thereto) and the Indebtedness represented thereby.
Existing Subordinated Notes means the Borrowers' 8- % senior subordinated notes issued under the First Supplemental Indenture dated as of May 26, 1998, between the Borrower and State Street Bank and Trust Company of California, National Association, as trustee.
Existing Subordinated Notes means the 10% Senior Subordinated Notes due 2008 of the Company, the 15% Senior Subordinated Deferred Interest Notes due 2007 of the Company and the 11% Senior Subordinated Deferred Interest Notes due 2008 of the Company.