Subordinated Note and Warrant Documents definition

Subordinated Note and Warrant Documents means the Senior Subordinated Note and Warrant Purchase Agreement, the senior subordinated convertible promissory notes and the warrants to be issued pursuant thereto, the Stockholders Agreement, the Registration Rights Agreement and any other agreements, certificates or instruments executed or delivered pursuant to or entered into in connection with any of the foregoing.

Subordinated Note and Warrant Documents means collectively the Note Purchase Agreement, the Notes, the Sub-Debt Warrants, the Subordinated Guaranty Agreement entered into pursuant to the Note Purchase Agreement, the Stockholders Agreement, the Registration Rights Agreement and any other agreements, certificates or instruments executed or delivered pursuant to or entered into in connection with any of the foregoing.

Subordinated Note and Warrant Documents means this Agreement, the Notes, the Warrants, the Stockholders Agreement, the Registration Rights Agreement and any other stockholder, registration or intercreditor agreement between or among the holders of such stock, notes, warrants, debentures or other instruments.

Examples of Subordinated Note and Warrant Documents in a sentence

• In the event that any one (1) or more of the provisions contained in any of the Subordinated Note and Warrant Documents shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of the Notes or this Agreement.

• No failure on the part of a Holder to exercise and no delay in exercising, and no course of dealing with respect to, any right, power or privilege under any of the Subordinated Note and Warrant Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under any of the Subordinated Note and Warrant Documents preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

• The Subordinated Note and Warrant Documents and the Restructuring Documents constitute the legal, valid and binding obligations of the Company and each Subsidiary, enforceable in accordance with their terms.

• As used herein and in the other Subordinated Note and Warrant Documents, the phrase "unpaid principal amount of the Notes" and other similar phrases shall mean the original aggregate principal amount of $1,700,000, as reduced by payments of principal and increased by capitalized interest as provided herein.

• Neither the Company nor any Person acting on behalf of the Company has taken or will take any action which might cause any of the Subordinated Note and Warrant Documents or the Restructuring Documents to violate Regulation T, U or X or any other regulation of the Board of Governors of the Federal Reserve System or to violate Section 7 of the Securities Exchange Act of 1934 or any rule or regulation thereunder, in each case as now in effect or as the same may hereinafter be in effect.

• The Company and each Subsidiary have all necessary corporate power and authority to execute, deliver and perform its respective obligations under the Subordinated Note and Warrant Documents and the Restructuring Documents to which it is a party.

• Neither the Company nor any Subsidiary will create, incur, assume or suffer to exist any contract, agreement or understanding (other than the Senior Credit Documents and the Subordinated Note and Warrant Documents) which in any way prohibits or restricts the granting, conveying, creation or imposition of any Lien on any of its Property or restricts any Subsidiary from paying dividends to the Company, or which requires the consent of or notice to other Persons in connection therewith.

• The execution, delivery and performance by the Company and each Subsidiary of the Subordinated Note and Warrant Documents and the Restructuring Documents to which it is a party, have been duly authorized by all necessary corporate action on its part.

• This will include bilateral communication and meetings between practitioners outside of MAPPA meetings the use of proper information sharing documentation which are consistent with the MAPPA Guidance are essential and provides a consistent process for sharing information across England and Wales.

• The foregoing provisions of this section 6 are solely for the purpose of defining the relative rights of the holders of Senior Obligations on the one hand and the holders of the Subordinated Obligations on the other hand and shall not limit or otherwise affect any rights which the holders of the Subordinated Obligations may have against the Borrowers under the terms of the Subordinated Note and Warrant Documents.

More Definitions of Subordinated Note and Warrant Documents

Subordinated Note and Warrant Documents means, collectively, the Securities Purchase Agreement dated as of January 31, 2002 by and between ARC and Wynnchurch, the Subordinated Notes, the Guaranty, the Stock Purchase Warrants issued by ARC in favor of Wynnchurch and all other instruments, agreements and documents executed or delivered by ARC or any of the other Borrowers to Wynnchurch in connection with the foregoing, as the same may be assigned or transferred to one or more Subordinated Creditors.