Foamex Capital definition
Examples of Foamex Capital in a sentence
Foamex shall cause Foamex Capital not to engage in any business activity except the issuance of the Foamex 9 7/8% Subordinated Notes, the Foamex 13 1/2% Subordinated Notes and the Senior Secured Notes, the performance of Foamex Capital's obligations thereunder and under the Foamex 9 7/8% Subordinated Note Indenture, the Foamex 13 1/2% Subordinated Note Indenture, the Senior Secured Note Indenture and the Loan Documents to which it is a party.
In the event that such Loan Party or any of its Subsidiaries shall sell or otherwise dispose of any asset or sell or issue any equity interests, then such Loan Party shall take, or cause to be taken, such action (including, without limitation, as contemplated in Section 3.4 to the extent applicable) as is necessary to avoid any requirement under the relevant indenture that Foamex or Foamex Capital offer to purchase or redeem any Permitted Subordinated Debt or Senior Secured Notes.
The Board of Directors may designate any Restricted Subsidiary, other than Foamex Capital, to be an Unrestricted Subsidiary if that designation would not cause a Default.
Based on the copy of the Indenture, dated as of June 12, 1997, by and among Foamex, L.P., Foamex Capital Corporation, General Felt Industries, Inc., Foamex Fibers, Inc.
Foamex L.P., a Delaware limited partnership and Foamex Capital Corporation, a Delaware corporation, or their respective successors (each an "Issuer" and together, the "Issuers"), promise to pay interest on the principal amount of this Note at the rate of 9_% per annum and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below.
Each of Foamex and Foamex Capital Corporation hereby designates the Obligations as "Designated Senior Debt" for all purposes of the Foamex 13-1/2% Subordinated Note Indentures and Foamex 9-7/8% Subordinated Note Indenture.
Each of Foamex and Foamex Capital Corporation hereby designates the Obligations as "Designated Senior Debt" for all purposes of the Foamex 13 1/2% Subordinated Note Indenture and the Foamex 9 7/8% Subordinated Note Indenture.
The Borrower shall cause Foamex Capital not to engage in any business activity except the issuance of the Foamex 9 7/8% Subordinated Notes, the Foamex 13 1/2% Subordinated Notes and the Senior Secured Notes, and the performance of Foamex Capital's obligations thereunder, under the Foamex 9 7/8% Subordinated Note Indenture, the Foamex 13 1/2% Subordinated Note Indenture, the Senior Secured Note Indenture and the Loan Documents to which it is a party.
In the event that such Loan Party or any of its Subsidiaries shall sell or otherwise dispose of any asset or sell or issue any equity interests, then such Loan Party shall take, or cause to be taken, such action (including, without limitation, as contemplated in Section 3.3 to the extent applicable) as is necessary to avoid any requirement under the relevant indenture that Foamex or Foamex Capital offer to purchase or redeem any Permitted Subordinated Debt or Senior Secured Notes.
If Foamex, Foamex Capital or a Subsidiary acts as Paying Agent, it will segregate and hold in a separate trust fund for the benefit of the Holders all money held by it as Paying Agent.