Subordinated Liabilities definition
Examples of Subordinated Liabilities in a sentence
The Subordinated Creditors may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Topco Group in respect of any of the Subordinated Liabilities prior to the Final Discharge Date, unless the requisite Senior Secured Creditors or, as the case may be, Topco Creditors under the applicable Finance Document consent to that Security, guarantee, indemnity or other assurance against loss.
Neither the Company nor any other Debtor or member of the Topco Group shall be released from the liability to make any Payment (including of default interest, which shall continue to accrue) under any Subordinated Document by the operation of Clause 7.1 (Restriction on Payment: Subordinated Liabilities) and Clause 7.2 (Permitted Payments: Subordinated Liabilities) even if its obligation to make that Payment is restricted at any time by the terms of any of those Clauses.
The Company, any other Debtor and any member of the Topco Group may make any Payments in respect of the Subordinated Liabilities (whether of principal, interest or otherwise) if such Payment is not prohibited by the Prior Ranking Financing Agreements or, to the extent prohibited, unless the Required Creditor Consent has been obtained.