Senior Indebtedness of the Issuer means all deposits and other liabilities of the Issuer (other than
Senior Indebtedness of the Issuer means (i) in the case of Tier II Subordinated Notes, all deposits and other liabilities of the Issuer (other than the Tier II Obligations and the Tier I Obligations) and (ii) in the case of the Tier I Subordinated Notes, all deposits and other liabilities of the Issuer (other than the Tier I Obligations) and all equity that constitutes Tier II capital of the Issuer under applicable Korean laws and regulations; and
Senior Indebtedness of the Issuer means Indebtedness of the Issuer outstanding at any time (other than the Indebtedness evidenced by the Securities of any series) except (a) any Indebtedness as to which, by the terms of the instrument creating or evidencing such Indebtedness, it is provided that such Indebtedness is not senior or prior in right of payment to the Securities of a series or is pari passu or subordinate by its terms in right of payment to such Securities, (b) renewals, extensions and modifications of any such Indebtedness, (c) any Indebtedness of the Issuer to a wholly-owned Subsidiary of the Issuer, (d) interest accruing after the filing of a petition initiating any proceeding referred to in Sections 5.1(e) and 5.1(f) unless such interest is an allowed claim enforceable against the Issuer in a proceeding under federal or state bankruptcy laws, (e) trade payables and (f) any liability for federal, state or local taxes.
Examples of Senior Indebtedness of the Issuer in a sentence
If, on or prior to the Maturity Date or at any time while any amount is due and outstanding under any Subordinated Notes, a Liquidation Event (as defined below) occurs and so long as it continues, any amounts which become due then or thereafter under the Subordinated Notes (including overdue amounts) shall not be payable unless and until the total amount of any and all Senior Indebtedness of the Issuer is paid in full or provided to be paid in full in such liquidation proceedings.
Subordinated Notes: The Subordinated Notes will be unsecured and subordinate and junior in right of payment as provided in Condition 3 to all existing and future Senior Indebtedness of the Issuer (including the Senior Notes) from time to time outstanding.
There is no limitation on the amount of Senior Indebtedness of the Issuer or indebtedness of the Issuer that ranks pari passu with, or otherwise senior to, the Subordinated Notes that the Issuer may subsequently incur.
The Subordinated Notes are unsecured and subordinate and subject in right of payment to the prior payment in full of all Senior Indebtedness of the Issuer.
The Issuer, for itself, its successors and assigns, covenants and agrees, and each holder of Subordinated Notes likewise covenants and agrees, that the obligation of the Issuer to make any payment of principal of, and premium, if any, and interest (including Additional Amounts) on each and all of the Subordinated Notes is hereby expressly subordinated, to the extent and in the manner hereinafter set forth, to the prior payment in full of all Senior Indebtedness of the Issuer.
More Definitions of Senior Indebtedness of the Issuer
Senior Indebtedness of the Issuer means all deposits and other liabilities of the Issuer (other than (x) those which are subject to provisions equivalent to the payment conditions in paragraph (i), (ii), (iii) or (iv) above and (y) those which rank or are expressed to rank pari passu with or junior to the Subordinated Notes); and a “Subordination Event” shall mean any Bankruptcy Event, Rehabilitation Event, or Foreign Event.
Senior Indebtedness of the Issuer means the principal of, premium, if any, and interest on: (a) all indebtedness of the Issuer for money borrowed, whether outstanding on the date of execution of this Indenture or thereafter created, assumed or incurred, except (i) the Securities; (ii) the U.S.$150,000,000 aggregate principal amount of 8-1/2% Subordinated Notes Due 2003 of the Issuer; (iii) the U.S.$200,000,000 aggregate principal amount of 7-1/4% Subordinated Notes Due 2002 of the Issuer; (iv) the U.S.$200,000,000 aggregate principal amount of Subordinated Floating Rate Notes Due 2002 of the Issuer; (v) the U.S.$250,000,000 aggregate principal amount of Subordinated Floating Rate Notes Due 2002 of the Issuer; (vi) all securities issued pursuant to the Indenture, dated as of April 1, 1987, as amended and restated as of December 15, 1992, and as amended by the Second Supplemental Indenture, dated as of October 8, 1996, and the Third Supplemental Indenture, dated as of December 29, 2000, between the Issuer (formerly known as Chemical Banking Corporation) and U.S. Bank Trust National Association (formerly known as First Trust of New York, National Association), a national banking association, as successor to Morgxx Xxxranty Trust Company of New York, a New York banking corporation, as the same may further be amended, supplemented or otherwise modified from time to time; (vii) all securities issued pursuant to the Amended and Restated Indenture, dated as of September 1, 1993, as amended by the First Supplemental Indenture, dated as of March 29, 1996, the Second Supplemental Indenture, dated as of October 8, 1996, and the Third Supplemental Indenture, dated as of December 29, 2000, between the Issuer (as successor-by-merger to The Chase Manhattan Corporation, a Delaware corporation) and U.S. Bank Trust National Association (formerly known as First Trust of New York, National Association), a national banking association, as successor to Chemical Bank, a New York banking corporation, as the same may be further amended, supplemented or otherwise modified from time to time; and (viii) such indebtedness as is by its terms expressly stated not to be superior in right of payment to, or to rank pari passu with, the Securities
Senior Indebtedness of the Issuer means (i) in the case of Tier II Subordinated Notes, all liabilities of the Issuer (other than the Tier II Obligations and the Tier I Obligations) and (ii) in the case of the Tier I Subordinated Notes, all liabilities of the Issuer (other than the Tier I Obligations) and all equity that constitutes Tier II capital of the Issuer under applicable Korean laws and regulations; and a “Subordination Event” shall mean any Bankruptcy Event, Rehabilitation Event, Liquidation Event or Foreign Event. 4. Negative Pledge
Senior Indebtedness of the Issuer. ’ shall mean all deposits and other liabilities of the Issuer (other than (i) those which are subject to provisions equivalent to the payment conditions in paragraph (A), (B), (C) or (D) above and (ii) those which rank or are expressed to rank pari passu with or junior to the Subordinated Notes); and
Senior Indebtedness of the Issuer means (i) the principal of and premium, if any, and interest on and all other monetary obligations of every kind or nature due on or in connection with any Indebtedness of the Issuer (other than as otherwise provided in this definition), whether outstanding on the date of the Indenture or thereafter 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 senior in right of payment to the Notes, and (ii) Indebtedness outstanding or incurred after the date of the Indenture under the Issuer's bank agreements. Notwithstanding the foregoing, Senior Indebtedness of the Issuer shall not include (a) the principal of and premium, if any, and interest on and all other monetary obligations of every kind or nature due on or in connection with any Indebtedness of the Issuer to a Subsidiary or any other Affiliate of the Issuer or any of such Affiliate's subsidiaries, (b) Indebtedness that is subordinate or junior in right of payment to any Indebtedness of the Issuer (including the 1997 Notes, as to which the Notes shall rank pari passu in right of payment), (c) Indebtedness that, when incurred, was without recourse to the Issuer, (d) any liability for federal, state, local or other taxes owed or owing by the Issuer, (e) that portion of any Indebtedness which at the time of issuance is issued in violation of the Indenture, (f) Indebtedness that is represented by Redeemable Stock, (g) amounts owing under leases (other than any Capitalized Lease Obligations), or (h) all amounts owed (except to banks and other financing institutions) for goods, materials or services purchased in the ordinary course of business or for compensation to employees.
Senior Indebtedness of the Issuer means all liabilities of Mizuho Financial Group (Cayman) 3 Limited other than any obligations in respect of (i) any class of equity (including preference shares) or (ii) any obligations which rank or are expressed to rank either pari passu with or junior to the claims of the holders of Notes.A holder of a Note by his acceptance thereof shall thereby agree that if any payment of principal or interest on such Note is made to the holder after the occurrence of a Cayman Subordination Event and the amount of such payment shall exceed the amount, if any, that should have been paid to such holder upon the proper application of the subordination provisions, the payment of such excess amount shall be deemed null and void and such holder shall be obliged to return the amount of the excess payment within ten days after receiving notice of the excess payment, and shall also thereby agree that upon the occurrence of a Cayman Subordination Event and for so long as such Cayman Subordination Event shall continue, any liabilities of Mizuho Financial Group (Cayman) 3 Limited to such holder under the Notes which would otherwise become so payable on or after the date on which such Cayman Subordination Event occurs shall not be set off against any liabilities of such holder owed to Mizuho Financial Group (Cayman) 3 Limited unless, until and only in such amount as the liabilities of Mizuho Financial Group (Cayman) 3 Limited under the Notes become payable pursuant to the proper application of the subordination provisions of the Notes.In addition to the foregoing, upon the occurrence of a Guarantor Subordination Event (as defined below) and so long as any such Guarantor Subordination Event shall continue:
Senior Indebtedness of the Issuer means all liabilities of the Issuer (including those in respect of bonds, notes and debentures) other than indebtedness in respect of preference or other shares of the Issuer or any other indebtedness which ranks, or is expressed to rank, pari passu with, or junior to, the indebtedness of the Issuer in respect of the Notes.](1)