Senior Subordinated Creditor definition

Senior Subordinated Creditor means Regional Brands Inc., a Delaware corporation.
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Senior Subordinated Creditor has the meaning given to it in the recitals.
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Senior Subordinated Creditor means Lxxxxx Lxxxxxxxx Capital Partners II, L.P., or its successors or assigns.
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Examples of Senior Subordinated Creditor in a sentence

  • No Stock or Option Rights of the Borrower will be issued or become issuable to any Person (other than the Senior Subordinated Creditor) pursuant to any “anti-dilution” provisions on account of the issuance of any securities by the Borrower or the exercise of any Option Rights (including the Warrants).

  • No right of any present or future holder of any Senior Subordinated Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act by any such holder, or by any noncompliance by the Company, any Guarantor or the Senior Subordinated Creditor with the terms and provisions and covenants herein contained, regardless of any knowledge thereof any such holder of the Senior Subordinated Debt may have or otherwise be charged with.

  • Except for the Consent of the Senior Subordinated Creditor and the Consents listed in Schedule 3.6 and those that have already been obtained or made, no Consent of any Governmental Authority or other Person is or will be required in connection with the execution, delivery and performance of this Agreement or any other Loan Document or to ensure the legality, validity or enforceability hereof or thereof or for the purpose of maintaining in full force and effect any Licenses and Permits.

  • The Senior Subordinated Creditor waives notice of or proof of reliance on the Subordination Agreement and protest, demand for payment and notice of default by the holders of Senior Subordinated Debt.

  • The Borrower and each of its Subsidiaries has good and marketable title to its real properties, or valid leasehold interests in real property, and good and merchantable title to its other respective properties, and none of such properties is subject to any Liens, except for Liens in favor of the Senior Subordinated Creditor that are subordinated and junior to the Liens in favor of the Lender, as well as Liens in favor of the Lender and Permitted Liens.

  • The April 2003 Shares issued or to be issued to the Senior Subordinated Creditor pursuant to the First Amendment to Amended and Restated Securities Purchase Agreement represented 19.9% of the outstanding shares of Common Stock on and as of the First Amendment to Amended and Restated Securities Purchase Agreement Effective Date.

  • Concurrently herewith, Borrower, Overhill Ventures, as a Guarantor, and Senior Subordinated Creditor are amending and restating the Existing Securities Purchase Agreement on the terms and conditions set forth in that certain Second Amended and Restated Securities Purchase Agreement dated as of the date hereof (as so amended, and as may be amended from time to time, the “Securities Purchase Agreement”).

  • Xxxxxxx or at such other address as to which such Senior Holder or Senior Subordinated Creditor, as the case may be, may inform the other parties in writing in compliance with the terms of this Section 13, with a copy to Xxxxxxx Procter LLP, Exchange Place, 00 Xxxxx Xxxxxx, Xxxxxx, XX 00000, Attn: Xxxx X.

  • Under Second Amended and Restated Intercreditor and Subordination Agreement, duly executed by Senior Subordinated Creditor and Borrower.

  • All notices, requests, demands and other communications provided for hereunder shall be in writing (including telecopy communication) and telecopied or delivered: (i) if to a Senior Holder or the Senior Subordinated Creditor, c/o JMI Management, Inc., 0000 Xx. Xxxx Xxxxxx, Baltimore, MD 21202, Attn: Xxxxxxxx X.


More Definitions of Senior Subordinated Creditor

Senior Subordinated Creditor means, collectively, the holder or holders of the Senior Subordinated Notes, and their respective successors and assigns, in each case as a holder of Obligations, and Senior Subordinated Creditor means any one of them.
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Related to Senior Subordinated Creditor

  • Senior Subordinated Debt means the Indebtedness represented by the Senior Subordinated Notes (including the Note Guarantees, Exchange Notes (each as defined in the Senior Subordinated Debt Documents), guarantees of Exchange Notes and any replacement Exchange Notes).

  • Subordinated Creditor means any creditor of Tenant which is a party to a Subordination Agreement in favor of Landlord.

  • Subordinated Creditors means all creditors the indebtedness of which is subordinated, in the event of the Winding-Up of DSB, in right of payment to the claims of depositors and other unsubordinated creditors of DSB other than those whose claims rank or is expressed to rank by operation of law or contract pari passu with, or junior to, the claims of the Noteholders. For this purpose indebtedness shall include all liabilities, whether actual or contingent;

  • Junior Subordinated Debt means (a) subordinated junior deferrable interest debentures of the Borrower, (b) the related preferred securities, if applicable, of Subsidiaries of the Borrower and (c) the related subordinated guarantees, if applicable, of the Borrower, in each case, from time to time outstanding.

  • Senior Subordinated Indebtedness means the Securities and any other Indebtedness of the Company that specifically provides that such Indebtedness is to rank pari passu with the Securities in right of payment and is not subordinated by its terms in right of payment to any Indebtedness or other obligation of the Company which is not Senior Indebtedness.

  • Guarantor Subordinated Obligations means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) that is expressly subordinated in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement.

  • Senior Subordinated Notes means the Borrower’s 9.75% Senior Subordinated Notes due 2014, in an original aggregate principal amount of $225,000,000.

  • Guarantor Subordinated Obligation means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) which is expressly subordinate in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement.

  • Senior Subordinated Note Documents means the Senior Subordinated Notes Indenture and all other instruments, agreements and other documents evidencing the Senior Subordinated Notes or providing for any guarantee or other right in respect thereof.

  • Senior Creditor means a holder or holders of Senior Indebtedness and includes any representative or representatives, agent or agents or trustee or trustees of any such holder or holders;

  • Junior Subordinated Debentures means the aggregate principal amount of the Depositor's ____% Junior Subordinated Deferrable Interest Debentures, due ________ __, 2027, issued pursuant to the Indenture.

  • Junior Subordinated Notes means the $__________ aggregate principal amount of the Depositor's Series __ ____% Junior Subordinated Notes due ____ __, ____, issued pursuant to the Subordinated Indenture.

  • Junior Subordinated Indebtedness means the principal of (and premium, if any) and unpaid interest on (a) indebtedness of the Company (including indebtedness of others guaranteed by the Company), whether outstanding on the date hereof or thereafter created, incurred, assumed or guaranteed, for money borrowed, which in the instrument creating or evidencing the same or pursuant to which the same is outstanding it is provided that such indebtedness ranks junior in right of payment to the Company’s Senior Indebtedness and Senior Subordinated Indebtedness and equally and pari passu in right of payment to any other Junior Subordinated Indebtedness, (b) Junior Subordinated Securities, and (c) renewals, extensions, modifications and refinancings of any such indebtedness.

  • 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.

  • 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.

  • Junior Creditor means any Defaulting Bank which has not (x) fully cured each and every default on its part under the Loan Documents and (y) unconditionally tendered to the Administrative Agent such Defaulting Bank’s Pro Rata Share of all costs, expenses and disbursements required to be paid or reimbursed pursuant to the terms of the Loan Documents.

  • Senior Creditors means, (a) depositors of the Issuer, (b) creditors of the Issuer who are unsubordinated creditors of the Issuer, and (c) creditors of the Issuer whose claims are or are expressed to be subordinated to the claims of other creditors of the Issuer (other than those whose claims are in respect of obligations which constitute, or would but for any applicable limitation on the amount of such capital, constitute, Tier 1 capital or Tier 2 capital or whose claims rank or are expressed to rank pari passu with, or junior to, the claims of holders in respect of the Notes) (whether only in a Winding Up of the Issuer or otherwise);

  • Existing Senior Subordinated Notes means the 10.875% Senior Subordinated Notes Due 2009 issued by the Company pursuant to the Existing Senior Subordinated Note Indenture.

  • Subordinated Lender means each Seller, in its capacity as subordinated lender pursuant to the relevant Subordinated Loan Agreement.

  • Subordinated Loan Agreement means a binding agreement with a Subordinated Debt Provider providing unsecured debt financing for the benefit of the Energy Complex and on terms and conditions that shall satisfy the requirements of the Financing Documents.

  • Subordinated Claim means a Claim of the kind described in sections 726(a)(3) or 726(a)(4) of the Bankruptcy Code and/or Claims subordinated under sections 510(b) or 510(c) of the Bankruptcy Code.

  • Subordinated Claims means the aggregate amount of all claims admitted in the winding up or dissolution of the Issuer which rank, or are expressed to rank, junior to claims in respect of the Senior Non-Preferred Notes or other Senior Non-Preferred Claims, including (without limitation) (i) claims of creditors in respect of the Subordinated Notes and (ii) the obligations of the Issuer which constitute, or would but for any applicable limitation on the amount of such capital constitute, Tier 2 Capital, Additional Tier 1 Capital or CET1 Capital, including, for the avoidance of doubt, all claims in respect of Deferred Shares.

  • Subordinate Obligations means, collectively, the Subordinate Notes and any Other Subordinate Obligations.

  • Subordinated Obligation means any Indebtedness of the Company (whether outstanding on the Issue Date or thereafter incurred) that is subordinated or junior in right of payment to the Notes pursuant to a written agreement.