Senior Surplus Notes definition
Examples of Senior Surplus Notes in a sentence
The Joining Holder Agent shall report to the Company upon request the then-current holdings of Holder Deferred Amounts and Senior Surplus Notes of any Holder or Joining Party.
The Joining Party shall hereafter be a “Holder” and “Party” for all purposes under the Rehabilitation Exit Support Agreement and with respect to any and all Senior Surplus Notes and Holder Deferred Amounts held by such Joining Party following the transfer.
It is hereby acknowledged by the Parties hereto that, other than as described or permitted herein and in the Term Sheets, no consideration shall be due or paid to the Holders for their agreement to tender their Holder Deferred Amounts and/or Senior Surplus Notes in the Exchange Offers, cast a vote in favor of the Waiver and Amendment or not object to the Rehabilitation Plan Amendment in accordance with the terms and conditions of this Agreement.
The Senior Surplus Notes to be issued in the Repurchase will be duly authorized obligations of AAC enforceable in accordance with their terms, and have the same seniority and priority in liquidation as the Senior Surplus Notes that are currently outstanding and otherwise be issued under and entitled to all the rights of the existing Senior Surplus Notes under the Fiscal Agency Agreement.
With respect to the aggregate amount of the Senior Surplus Notes and the Holder Deferred Amounts set forth below its name on the signature page hereto, the Joining Party hereby makes the representations and warranties of a Holder as set forth in Section 5 of the Rehabilitation Exit Support Agreement to each other Party to the Rehabilitation Exit Support Agreement.
The Company shall be permitted to disclose the aggregate principal amount or percentage of Senior Surplus Notes and/or Holder Deferred Amounts held by the Group.
It has made no prior assignment, sale, participation, grant, conveyance, or other transfer of, and has not entered into any other agreement to assign, sell, participate, grant, or otherwise transfer, in whole or in part, any right, title, or interests in (or portion thereof) the Senior Surplus Notes and Holder Deferred Amounts referred to in Subsection 5(b)(1), except as permitted by Section 6 hereof.
In the event a Holder sells, pledges, hypothecates, or otherwise transfers any Senior Surplus Notes or Holder Deferred Amounts, the Holder shall promptly notify the Joining Holder Agent of such sale, pledge, hypothecation or other transfer.
CUSA will throughout the term of this Agreement maintain product liability insurance of such nature and such amount as both LDI and Distillers shall separately consider appropriate in their reasonable opinion and shall so state to CUSA.
Any additional Senior Surplus Notes or Holder Deferred Amounts acquired by a Holder shall automatically be deemed to be Senior Surplus Notes or Holder Deferred Amounts of such Holder and shall be subject to all of the terms of this Agreement.