HECO Junior Indenture definition

HECO Junior Indenture means the Junior Indenture, dated as of March 1, 1997, by and between HECO and The Bank of New York, a New York banking corporation, as trustee thereunder, as amended or supplemented from time to time in accordance with the terms thereof, including the provisions of the TIA that are deemed to be a part thereof.
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HECO Junior Indenture means the Junior Indenture, dated as of March --------------------- 1, 1997, between the Depositor and the Debenture Trustee, as trustee thereunder, as amended or supplemented from time to time.
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Examples of HECO Junior Indenture in a sentence

  • To the fullest extent permitted by law, any attempted transfer of the Trust Common Securities shall be void, except for transfers permitted by Article 5 of the HECO Junior Indenture.

  • Notwithstanding the foregoing, if a Special Event (as defined in the HECO Junior Indenture) shall occur and be continuing, then, if HECO opts to redeem the HECO Series 2004 Debentures pursuant to the HECO Junior Indenture, the Series 2004 Debentures shall be redeemable in whole (but not in part), on the same terms and at the same time as the HECO Series 2004 Debentures.

  • Notwithstanding the foregoing, if a Special Event (as defined in the HECO Junior Indenture) shall occur and be continuing, then, if HECO opts to redeem the HECO Series 2004 Debentures pursuant to the HECO Junior Indenture, the Series 2004 Debentures shall be redeemable in whole (but not in part) on the same terms and at the same time as the HECO Series 2004 Debentures.

  • Notwithstanding the foregoing, if a Special Event (as defined in the HECO Junior Indenture) shall occur and be continuing, then, if HECO opts to redeem the HECO Series 1997 Debentures pursuant to the HECO Junior Indenture, the Series 1997 Debentures shall be redeemable in whole (but not in part), on the same terms and at the same time as the HECO Series 1997 Debentures.

  • Notwithstanding the foregoing, if a Special Event (as defined in the HECO Junior Indenture) shall occur and be continuing, then, if HECO opts to redeem the HECO Series 1998 Debentures pursuant to the HECO Junior Indenture, the Series 1998 Debentures shall be redeemable in whole (but not in part) on the same terms and at the same time as the HECO Series 1998 Debentures.

  • Notwithstanding the foregoing, if a Special Event (as defined in the HECO Junior Indenture) shall occur and be continuing, then, if HECO opts to redeem the HECO Series 1998 Debentures pursuant to the HECO Junior Indenture, the Series 1998 Debentures shall be redeemable in whole (but not in part), on the same terms and at the same time as the HECO Series 1998 Debentures.

  • Notwithstanding the foregoing, if a Special Event (as defined in the HECO Junior Indenture) shall occur and be continuing, then, if HECO opts to redeem the HECO Series 1997 Debentures pursuant to the HECO Junior Indenture, the Series 1997 Debentures shall be redeemable in whole (but not in part) on the same terms and at the same time as the HECO Series 1997 Debentures.

  • HECO has authorized the issuance of its 8.05% Junior Subordinated Deferrable Interest Debentures, Series 1997 (the "HECO Series 1997 Debentures") to be purchased by Trust I with the proceeds from the issuance and sale of the Trust Securities of Trust I and HECO has duly authorized the execution and delivery of a related Junior Indenture dated as of March 1, 1997 by and between HECO and The Bank of New York, a New York banking corporation, as trustee (the "HECO Junior Indenture").

  • HECO has authorized the issuance of its ___% Junior Subordinated Deferrable Interest Debentures, Series 1998 (the "HECO Series 1998 Debentures") to be purchased by Trust II with the proceeds from the issuance and sale of the Trust Securities of Trust II and HECO has duly authorized the execution and delivery of a related Junior Indenture dated as of December 1, 1998 by and between HECO and The Bank of New York, a New York banking corporation, as trustee (the "HECO Junior Indenture").

  • HECO has authorized the issuance of its _____% Junior Subordinated Deferrable Interest Debentures, Series 1997 (the "HECO Series 1997 Debentures") to be purchased by Trust I with the proceeds from the issuance and sale of the Trust Securities of Trust I and HECO has duly authorized the execution and delivery of a related Junior Indenture dated as of March 1, 1997 by and between HECO and The Bank of New York, a New York banking corporation, as trustee (the "HECO Junior Indenture").

Related to HECO Junior Indenture

  • Senior Indenture means the Senior Indenture dated the date hereof between the Company and , as trustee, as amended, modified or supplemented from time to time.

  • Senior Subordinated Indenture means the Indenture, dated as of August 30, 2007, among the Company, the subsidiary guarantors party thereto from time to time and Xxxxx Fargo Bank, National Association, as trustee, governing the 13.5% Senior Subordinated Notes due 2015 of the Company, as the same may be amended, supplemented, waived or otherwise modified from time to time.

  • Subordinated Indenture means the Subordinated Note Indenture, dated as of ________ __, 19__, between the Depositor and the Indenture Trustee, as supplemented by the Supplemental Indenture.

  • Senior Indebtedness means any Indebtedness of the Company or its Subsidiaries other than Subordinated Indebtedness.

  • Guarantor Senior Indebtedness means the principal of (and premium, if any, on) and interest on (including interest accruing after the filing of a petition initiating any proceeding pursuant to any bankruptcy law, whether or not allowable as a claim in such proceeding) and other amounts due on or in connection with any Indebtedness of any Guarantor, whether outstanding on the date hereof or hereafter created, incurred or assumed, unless, in the case of any particular Indebtedness, the instrument creating or evidencing the same or pursuant to which the same is outstanding expressly provides that such Indebtedness shall not be pari passu with the Guarantees. Without limiting the generality of the foregoing, "Guarantor Senior Indebtedness" shall include the principal of (and premium, if any, on) and interest (including interest accruing after the filing of a petition initiating any proceeding pursuant to any bankruptcy law, whether or not allowable as a claim in such proceeding) on all obligations of every nature of any Guarantor to the Lenders under the New Bank Credit Agreement and to the Holders of the Securities, and any interest rate or foreign exchange agreement now existing or hereinafter entered into by any Guarantor with any Lender, including, without limitation, all fees, expenses (including fees and expenses of counsel), claims, charges and indemnity obligations. Notwithstanding the foregoing, "Guarantor Senior Indebtedness" shall not include (i) Indebtedness evidenced by the guarantees of the Senior Subordinated Notes, (ii) Indebtedness of any Guarantor that is expressly subordinated in right of payment to any of such Guarantor's Guarantees, (iii) Indebtedness of any Guarantor that by operation of law is subordinate to any general unsecured obligations of such Guarantor, (iv) Indebtedness represented by Redeemable Capital Stock, (v) Indebtedness of any Guarantor to ADT Limited or any of its Subsidiaries, (vi) any liability for federal, state, local or other taxes owed or owing by any Guarantor and (vii) trade payables owed or owing by any Guarantor.

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Senior Subordinated Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Designated Senior Indebtedness means with respect to a Person (i) the Credit Facility Indebtedness under or in respect of any Senior Credit Facility and (ii) any other Senior Indebtedness of such Person that, at the date of determination, has an aggregate principal amount equal to or under which, at the date of determination, the holders thereof are committed to lend up to, at least $25.0 million and is specifically designated by such Person in an agreement or instrument evidencing or governing such Senior Indebtedness as “Designated Senior Indebtedness” for purposes of this Indenture.

  • Junior Indebtedness means any indebtedness of any Mortgagor that is secured by a lien that is junior in right of payment to the lien of the Mortgage securing the related Mortgage Note.

  • Second Lien Indenture means that certain indenture, dated as of October 20, 2016, among the Company, the guarantors from time to time party thereto and U.S. Bank National Association, as trustee and notes collateral agent, relating to the 9.5% Senior Secured Second Lien Notes due 2022 of the Company, as amended, supplemented, restated, converted, exchanged, replaced or modified from time to time;

  • Base Indenture has the meaning provided in the recitals.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Original Indenture has the meaning specified in the first paragraph of this Supplemental Indenture.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Senior Debt means the principal of, premium, if any, interest (including all interest accruing subsequent to the commencement of any bankruptcy or similar proceeding, whether or not a claim for post-petition interest is allowable as a claim in any such proceeding) and rent payable on or in connection with, and all fees, costs, expenses and other amounts accrued or due on or in connection with, Indebtedness of the Company, whether outstanding on the date of this Indenture or thereafter created, incurred, assumed, guaranteed or in effect guaranteed by the Company (including all deferrals, renewals, extensions or refundings of, or amendments, modifications or supplements to, the foregoing), unless in the case of any particular Indebtedness the instrument creating or evidencing the same or the assumption or guarantee thereof expressly provides that such Indebtedness shall not be senior in right of payment to the Securities or expressly provides that such Indebtedness is “pari passu” or “ junior” to the Securities. Notwithstanding the foregoing, the term Senior Debt shall not include any Indebtedness of the Company to any Subsidiary of the Company. If any payment made to any holder of any Senior Debt or its Representative with respect to such Senior Debt is rescinded or must otherwise be returned by such holder or Representative upon the insolvency, bankruptcy or reorganization of the Company or otherwise, the reinstated Indebtedness of the Company arising as a result of such rescission or return shall constitute Senior Debt effective as of the date of such rescission or return.

  • New Securities Indenture means an indenture between the Company and the New Securities Trustee, identical in all material respects to the Indenture (except that the transfer restrictions shall be modified or eliminated, as appropriate), which may be the Indenture if in the terms thereof appropriate provision is made for the New Securities.

  • Debenture Indenture means the Indenture, dated as of December 1, 1989, between United Parcel Service of America, Inc. and Chemical Bank pursuant to which the 8-3/8% Debentures Due April 1, 2020 were issued, as in effect on the date of this Agreement (without giving effect to any amendment, supplement or other modification thereto, any repayment or covenant defeasance thereunder or any termination thereof), a copy of which is attached as Exhibit F hereto.

  • Additional Junior Indebtedness means, without duplication and other than the Debentures, any indebtedness, liabilities or obligations of the Company, or any Subsidiary of the Company, under debt securities (or guarantees in respect of debt securities) initially issued after the date of this Indenture to any trust, or a trustee of a trust, partnership or other entity affiliated with the Company that is, directly or indirectly, a finance subsidiary (as such term is defined in Rule 3a-5 under the Investment Company Act of 1940) or other financing vehicle of the Company or any Subsidiary of the Company in connection with the issuance by that entity of preferred securities or other securities that are eligible to qualify for Tier 1 capital treatment (or its then equivalent) for purposes of the capital adequacy guidelines of the Federal Reserve, as then in effect and applicable to the Company (or, if the Company is not a bank holding company, such guidelines applied to the Company as if the Company were subject to such guidelines); provided, however, that the inability of the Company to treat all or any portion of the Additional Junior Indebtedness as Tier 1 capital shall not disqualify it as Additional Junior Indebtedness if such inability results from the Company having cumulative preferred stock, minority interests in consolidated subsidiaries, or any other class of security or interest which the Federal Reserve now or may hereafter accord Tier 1 capital treatment (including the Debentures) in excess of the amount which may qualify for treatment as Tier 1 capital under applicable capital adequacy guidelines.

  • Master Indenture means this Master Trust Indenture, as amended and supplemented from time to time in accordance with the provisions hereof.

  • Senior Secured Notes Trustee means The Bank of New York Mellon Trust Company, N.A. and its successors and assigns acting as trustee under the Senior Secured Notes Indenture.

  • Operative Indentures means, as of any date, each “Indenture” (as such term is defined in the Note Purchase Agreement), including the Indenture, whether or not any other “Indenture” shall have been entered into before or after the date of the Indenture, but only if as of such date all “Equipment Notes” (as defined in each such “Indenture”) are held by the “Subordination Agent” under the “Intercreditor Agreement”, as such terms are defined in each such “Indenture”.

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Senior Secured Notes Indenture means (i) the Indenture dated October 8, 2014, among the Borrowers, the guarantors party thereto and the Trustee or (ii) if Senior Secured Notes are issued pursuant to clause (ii) of the definition thereof, the loan agreement or indenture governing such Senior Secured Notes.

  • Senior Note Indenture the Indenture entered into by Holdings, the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Notes, together with all instruments and other agreements entered into by Holdings, the Borrower or such Subsidiaries in connection therewith.

  • Indenture means this Indenture, as amended or supplemented from time to time.