Subordination Statement definition

Subordination Statement means a statement from the relevant creditor to the Bond Trustee (in form and substance satisfactory to the Bond Trustee) to be entered into in respect of any Subordinated Loan and any intra-group loan granted by any Group Company to an Obligor.
Sample 1Sample 2
Subordination Statement means the pleading that a Holder of a Class HC3b Claim must file with the Bankruptcy Court no later than thirty (30) days after the Effective Date in order to assert that such Holder holds a Senior Class HC3b Claim, which pleading must describe with specificity the legal and factual basis for establishing that such Holder holds a Senior Class HC3b Claim and, therefore, is entitled to the benefits of subordination as set forth in the Capital Trust Indentures.
Sample 1
Subordination Statement means a statement of subordination acceptable to the Bond Trustee executed by the relevant creditor and made in favour of the Bond Trustee in respect of Subordinated Loans, Subordinated Seller Credits or Subordinated Earn-Out Agreements (whichever is applicable) confirming that the relevant subordinated instrument is subordinated as contemplated by these Bond Terms.
Sample 1

Examples of Subordination Statement in a sentence

  • The Lenders will, subject to the Swap Banks Subordination Statement allow the Swap Banks to participate in the Security Documents on a subordinated basis.

  • If any Holder of a General Unsecured Claim timely files and serves a Subordination Statement, any distributions that would otherwise be made on account of Allowed Trust Preferred Claims shall be deposited into a reserve to be held by the Liquidating Supervisor in a separate interest bearing account and to be distributed in accordance with Article VI, Section 6.24(c) of this Plan.

  • While the majority of the Group’s patients are middle- and upper-middle class with significant disposable income and an ability and willingness to pre-pay for medical services, an economic downturn may have a negative effect on the levels of disposable income that the Group’s current and prospective patients are willing to spend on the types of services provided by the Group, which would result in a decreased demand for the Group’s services.

  • The Lender acknowledges and agrees that the Trustee, for itself and on behalf of the Holders, is intended to be a beneficiary of this Subordination Statement and that this statement is a contract for their benefit.

  • In order for any Holder of a Class HC3b Claim to assert that it holds a Senior Class HC3b Claim and, therefore, is entitled to the benefits of subordination as set forth in the Capital Trust Indentures, such Holder must file with the Bankruptcy Court and serve on the Debtors, the Holders of the Capital Trust Claims, the Liquidating Trustee, and the Indenture Trustee a Subordination Statement no later than thirty (30) days after the Effective Date.

  • In addition to receiving the treatment provided in section 2 above, each Allowed Class 1C(2) or 2C(2) Claim shall be deemed for all purposes to constitute a Senior Unsecured Claim entitled to participate in and receive the benefits of the Senior Unsecured Claim Procedure set forth in Article 4I(3) hereof without necessity of the Holder of such Allowed Class 1C(2) or 2C(2) Claim filing a Subordination Statement.

  • It may not be able to reach a carve-out agreement with Vistar or Firestone if either or both of them hold Allowed Secured Claims, but Vistar signed a Subordination Statement and the value of the potential Firestone Collateral is small.

  • The Intermediate Parent shall procure that the Sterna RCF is subject to the Sterna Subordination Statement on terms satisfactory to the Agent.

  • This Subordination Statement shall not restrict the right of the Lender to create any security interest over its rights and interests under the Agreement or to transfer or novate its rights and obligations under the Agreement to any person (for the avoidance of doubt such security interest or transferred or novated rights or obligations being subject to this Subordination Statement).

  • Collectively, the Assignment of Earnings, dated as of the Norwegian Closing Date, executed by the Target in favor of the Agent, the Factoring Agreement, dated as of the Norwegian Closing Date, executed by the Target in favor of the Agent, and the Subordination Statement, dated as of the Norwegian Closing Date, executed by the Target in favor of the Agent.


More Definitions of Subordination Statement

Subordination Statement means a subordination statement in form and substance acceptable to all Lenders, to be entered into between Sterna Finance Ltd. (as lender under the Sterna RCF) and the Facility Agent (on behalf of the Finance Parties), pursuant to which Sterna Finance Ltd. irrevocably fully subordinates its rights and claims against the Intermediate Parent to the rights and claims of the Finance Parties under the Finance Documents.
Sample 1
Subordination Statement means the pleading that a Holder of a Class 1C(1) or 2C(1) Claim must file with the Bankruptcy Court no later than thirty (30) days after the Effective Date in order to assert that such Holder holds a Senior Unsecured Claim, which pleading must describe with specificity the legal and factual basis for establishing that such Holder holds a Senior Unsecured Claim and, therefore, is entitled to the benefits of subordination as set forth in the applicable Subordinated Trust Preferred Indenture(s).
Sample 1
Subordination Statement means any agreement or statement pursuant to which a Subordinated Loan is subordinated.
Sample 1

Related to Subordination Statement

  • Termination statement means an amendment of a financing statement which:

  • Distribution Statement has the meaning set forth in Section 5.02(c) of the Trust Agreement.

  • Consent Solicitation Statement means the consent solicitation statement included as part of the Registration Statement with respect to the solicitation by the Company of the Company Stockholder Approval.

  • Information Statement has the meaning set forth in Section 6.6.

  • Allocation Statement has the meaning set forth in Section 2.5.

  • Continuation statement means an amendment of a financing statement which:

  • New Registration Statement has the meaning set forth in Section 2(a).

  • Remainder Registration Statement has the meaning set forth in Section 2(a).

  • Special Registration Statement means (i) a registration statement relating to any employee benefit plan or (ii) with respect to any corporate reorganization or transaction under Rule 145 of the Securities Act, any registration statements related to the issuance or resale of securities issued in such a transaction or (iii) a registration related to stock issued upon conversion of debt securities.

  • Additional Registration Statement means a registration statement or registration statements of the Company filed under the 1933 Act covering any Additional Registrable Securities.

  • Initial Registration Statement means the initial Registration Statement filed pursuant to this Agreement.

  • Automatic Shelf Registration Statement means an “automatic shelf registration statement” as defined in Rule 405 promulgated under the Securities Act.

  • Interim Prospectus Supplement means the prospectus supplement relating to the Shares prepared and filed pursuant to Rule 424(b) from time to time as provided by Section 4(q) of this Agreement.

  • Initial Shelf Registration Statement has the meaning set forth in Section 2(a) hereof.

  • Rule 462(b) Registration Statement means a registration statement and any amendments thereto filed pursuant to Rule 462(b) relating to the offering covered by the registration statement referred to in Section 1(a) hereof.

  • Resale Shelf Registration Statement shall have the meaning given in subsection 2.3.1.

  • Form S-4 Registration Statement means the registration statement on Form S-4 to be filed with the SEC by Parent in connection with issuance of Parent Common Stock in the Merger, as said registration statement may be amended prior to the time it is declared effective by the SEC.

  • Original Registration Statement. As used in this Agreement, the terms “amendment” or “supplement” when applied to the Registration Statement or the Prospectus shall be deemed to include the filing by the Company with the Commission of any document under the Exchange Act after the date hereof that is or is deemed to be incorporated therein by reference. All references in this Agreement to financial statements and schedules and other information which is “contained,” “included” or “stated” in the Registration Statement or the Prospectus (and all other references of like import) shall be deemed to mean and include all such financial statements and schedules and other information which is or is deemed to be incorporated by reference in or otherwise deemed under the Securities Act to be a part of or included in the Registration Statement or the Prospectus, as the case may be, as of any specified date; and all references in this Agreement to amendments or supplements to the Registration Statement or the Prospectus shall be deemed to mean and include, without limitation, the filing of any document under the Exchange Act which is or is deemed to be incorporated by reference in or otherwise deemed under the Securities Act to be a part of or included in the Registration Statement or the Prospectus, as the case may be, as of any specified date. At the time the Registration Statement was or will be originally declared effective and at the time the Company’s most recent annual report on Form 10-K was filed with the Commission, if later, the Company met the then-applicable requirements for use of Form S-3 under the Securities Act. During the Agency Period, each time the Company files an annual report on Form 10-K the Company will meet the then-applicable requirements for use of Form S-3 under the Securities Act.

  • Demand Registration Statement has the meaning set forth in Section 2.01(a).

  • Subsequent Shelf Registration Statement has the meaning set forth in Section 2(b) hereof.

  • IPO Registration Statement means the Registration Statement on Form S-1 (File No. 333-196099), as amended, filed by the Partnership with the Commission under the Securities Act to register the offering and sale of the Common Units in the Partnership’s initial public offering of such Common Units to the public.

  • Shelf Registration Statement means the Shelf Registration Statement as defined in the Registration Rights Agreement.

  • Merger Registration Statement means the registration statement, together with all amendments, filed with the SEC under the Securities Act for the purpose of registering shares of NYB Common Stock to be offered to holders of Synergy Common Stock in connection with the Merger.

  • Final Prospectus Supplement means the prospectus supplement relating to the Securities that was first filed pursuant to Rule 424(b) after the Execution Time, together with the Base Prospectus.

  • Exchange Offer Registration Statement means an exchange offer registration statement on Form S-4 (or, if applicable, on another appropriate form) and all amendments and supplements to such registration statement, in each case including the Prospectus contained therein or deemed a part thereof, all exhibits thereto and any document incorporated by reference therein.

  • Rule 482 Statement means a document that contains the number of Securities issued, the offering price and any other items dependent upon the offering price, prepared in accordance with the provisions of Rule 482 of the 1933 Act, a copy of which shall be attached as Schedule D hereto. “Statutory Prospectus” as of any time means the prospectus relating to the Securities that is included in the Registration Statement immediately prior to that time, including any document incorporated by reference therein. Each preliminary prospectus and the prospectus filed as part of the effective Registration Statement or as part of any amendment thereto, or filed pursuant to Rule 497 under the 1933 Act, complied when so filed in all material respects with the Rules and Regulations and each preliminary prospectus and the Prospectus delivered to the Underwriters for use in connection with this offering was identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T. If a Rule 462(b) Registration Statement is required in connection with the offering and sale of the Securities, the Fund has complied or will comply with the requirements of Rule 111 under the 1933 Act Rules and Regulations and Rule 3a of the Commission’s Internal and Other Procedures (“Rule 3a”) relating to the payment of filing fees thereof. The Fund, subject to the Registration Statement having been declared effective and the filing of the Prospectus under Rule 497, has taken all required action under the 1933 Act, the 1940 Act, the Securities and Exchange Act of 1934, as amended (the “1934 Act”) and the Rules and Regulations to make the public offering and consummate the sale of the Securities as contemplated by this Agreement.