Additional Subordinated Debt. (i) Any holder of the Additional ---------------------------- Subordinated Debt alleges (or any Governmental Authority with applicable jurisdiction determines) that the Supplemental Credit Lenders or New Credit Agreement Lenders are not holders of Senior Indebtedness (as defined in the Second Indenture) or (ii) the subordination provisions in the Second Indenture shall, in whole or in part, terminate, cease to be effective or cease to be legally valid, binding and enforceable against any holder of the Additional Subordinated Debt.
Additional Subordinated Debt. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to make any payments on account of principal (whether by redemption, purchase, retirement, defeasance, set-off or otherwise), interest, premiums and fees in respect of any Additional Subordinated Debt prior to the scheduled maturity thereof in any manner, or make any payment in violation of any subordination term applicable thereto.
Additional Subordinated Debt. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to (a) make any payments on account of principal (whether by redemption, purchase, retirement, defeasance, set-off or otherwise), interest, premiums and fees in respect of any Senior Unsecured Notes or any other Additional Subordinated Debt prior to the scheduled maturity thereof in any manner, or make any payment in violation of any subordination term applicable thereto, except that, as to Senior Unsecured Notes, the Borrower may effect the Permitted Exchange/Payment of Senior Unsecured Notes or (b) amend, supplement or otherwise modify the terms of the Third Lien Debt if such amendment, supplement or modification would violate the Intercreditor Agreement.
Additional Subordinated Debt. The Payor shall not incur any additional Indebtedness that would rank pari passu with the Junior Debt without the prior written consent of the Holder, which consent shall not be unreasonably withheld, conditioned or delayed. If for any reason the Holder shall not consent to the incurrence of such additional Indebtedness by the Payor, then notwithstanding anything in this Note to the contrary, the Payor shall have the right, upon not less than three (3) Business Days’ notice to the Holder, to redeem this Note in whole at a Redemption Price equal to 100% of the then outstanding Principal Amount plus accrued and unpaid interest, if any, to the Redemption Date. For the avoidance of doubt, this provision shall not limit the ability of the Payor to incur additional Senior Debt.
Additional Subordinated Debt. Upon the terms and subject to the conditions of this Agreement and on or prior to the first anniversary of the Closing, the Company may, at its option exercised by written notice (an "OPTION NOTICE") to the Investor from time to time, issue and sell, and if such option is exercised the Investor shall (or shall cause an Affiliate (as hereinafter defined) of the Investor (an "AFFILIATE PURCHASER") to) purchase, Additional Subordinated Debt in an aggregate principal amount that is an integral multiple of $1 million and not less than $3 million (an "OPTION PRINCIPAL AMOUNT"), as specified in the Option Notice (such issuance, sale and purchase, an "ADDITIONAL SALE"); PROVIDED, HOWEVER, that the aggregate of all Option Principal Amounts shall not exceed $10,000,000. The closing of any Additional Sale (an "ADDITIONAL CLOSING"), and all actions contemplated by this Agreement and the Ancillary Agreements to occur at any Additional Closing, shall take place in the offices of Sidley Xxxxxx Xxxxx & Xxxx LLP, 000 Xxxxxxx Xxx., Xxx Xxxx, Xxx Xxxx, at 9:30 a.m., local time, on a date specified in the Option Notice (which date shall be no earlier than five Business Days after the delivery of such Option Notice to the Investor and which date may be the same as the date of the Closing), or such other time and place as the Investor, the Company and any Affiliate Purchaser shall agree. At each Additional Closing, subject to the conditions set forth in Article IV, (i) the Investor (or, as applicable, an Affiliate Purchaser) shall deliver to the Company, by wire transfer to a bank account designated in writing by the Company at least two Business Days prior to such Additional Closing, same-day funds in an amount equal to the applicable Option Principal Amount and (ii) the Investor (or, as applicable, an Affiliate Purchaser) shall make appropriate notations on the schedule to the Additional Subordinated Debt Note as provided in the Note Agreement indicating the date and the applicable Option Principal Amount. An "AFFILIATE" of a specified person means a person that directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the person specified, within the meaning of Rule 12b-2 under the Exchange Act (as defined in Section 2.3).
Additional Subordinated Debt. On or before January 31, 2003, Borrowers shall receive the proceeds of additional Subordinated Debt, to be advanced under terms and subject to agreements acceptable to Lender, in an aggregate principal amount of not less than Three Million Five Hundred Thousand Dollars ($3,500,000) and not more than Four Million Five Hundred Thousand Dollars ($4,500,000), which shall utilized by Borrowers to repay in full Term Loan B (together with accrued and unpaid interest) and thereafter in a manner consistent with Sections 12(g)(ii) and (iv) hereof."
Additional Subordinated Debt. Any such distribution paid by a Subordinated Creditor to the Senior Creditor under this Deed shall (so far as permitted by law) be treated as additional monies due from the Debtor to that Subordinated Creditor.
Additional Subordinated Debt. Prior to the date hereof, Infologix incurred additional Indebtedness in the aggregate principal amount of Four Hundred Eleven Thousand Eight Hundred Forty-Six Dollars ($411,846.00) (the “Additional Subordinated Indebtedness”). The Additional Subordinated Indebtedness is evidenced by (i) that certain promissory note executed by Infologix in favor of Xxxxx XxXxxxxx in the face amount of Eighty-Two Thousand Three Hundred Sixty-Nine and 20/100 Dollars ($82,369.20) dated Xxxxx 00, 0000, (xx) that certain promissory note executed by Infologix in favor of Xxxxxx X. Xxxxxx, Xx. in the face amount of Eighty-Two Thousand Three Hundred Sixty-Nine and 20/100 Dollars ($82,369.20) dated Xxxxx 00, 0000, (xxx) that certain promissory note executed by Infologix in favor of Xxxxx X. Xxxxxx in the face amount of Eighty-Two Thousand Three Hundred Sixty-Nine and 20/100 Dollars ($82,369.20) dated April 15, 2006, (iv) that certain promissory note executed by Infologix in favor of Xxxxxxx Xxxxx in the face amount of Eighty-Two Thousand Three Hundred Sixty-Nine and 20/100 Dollars ($82,369.20) dated April 15, 2006, and (v) that certain promissory note executed by Infologix in favor of Xxxxx Xxxxxxxx in the face amount of Eighty-Two Thousand Three Hundred Sixty-Nine and 20/100 Dollars ($82,369.20) dated April 15, 2006 (collectively, the “Additional Subordinated Notes”). The incurrence of the Additional Subordinated Indebtedness and the execution and delivery of the Additional Subordinated Notes are referred to herein as the “Additional Subordinated Debt Transaction”.
Additional Subordinated Debt. On or before the date of the Initial Funding, the Company shall have obtained at least $1 million (less applicable fees and expenses) from a lender on terms consistent with Section 4(h) above, or otherwise acceptable to the Lender.
Additional Subordinated Debt. Section 6.10 of the Credit Agreement is hereby amended to add the following Section 6.10(p):
