Common use of Senior Subordinated Notes Clause in Contracts

Senior Subordinated Notes. The Senior Subordinated Notes are the legally valid and binding obligations of Company, enforceable against Company in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability. The subordination provisions of the Senior Subordinated Notes will be enforceable against the holders thereof and the Revolving Loans and all other monetary Obligations hereunder are and will be within the definition of "Senior Debt" and "Designated Senior Debt" included in such provisions. The Senior Subordinated Notes either (a) have been registered or qualified under applicable federal and state securities laws or (b) are exempt therefrom.

Appears in 1 contract

Samples: Revolving Loan Credit Agreement (Amscan Holdings Inc)

AutoNDA by SimpleDocs

Senior Subordinated Notes. The Senior Subordinated Notes are the legally valid and binding obligations of Company, enforceable against Company in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability. The subordination provisions of the Senior Subordinated Notes will be enforceable against the holders thereof and the Revolving Loans AXELs and all other monetary Obligations hereunder are and will be within the definition of "Senior Debt" and "Designated Senior Debt" included in such provisions. The Senior Subordinated Notes either (a) have been registered or qualified under applicable federal and state securities laws or (b) are exempt therefrom.

Appears in 1 contract

Samples: Axel Credit Agreement (Amscan Holdings Inc)

Senior Subordinated Notes. Company had the corporate power and authority to issue the Senior Subordinated Notes at the time they were issued. The Senior Subordinated Notes are the legally valid and binding obligations of Company, enforceable against Company in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability. The subordination provisions of the Senior Subordinated Notes will be are enforceable against the holders thereof and the Revolving Loans and all other monetary Obligations hereunder are and will be within the definition of "Senior Debt" and "Designated Senior DebtIndebtedness" included in such provisions. The Senior Subordinated Notes either (a) have been registered or qualified under applicable federal and state securities laws or (b) are exempt therefrom.

Appears in 1 contract

Samples: Credit Agreement (Pantry Inc)

Senior Subordinated Notes. The Senior Subordinated Notes are the legally valid and binding obligations of Company, enforceable against Company in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability. The subordination provisions of contained in the Senior Subordinated Notes will be Note Documents are enforceable against the holders thereof US Borrower and the Revolving Loans each of its Subsidiaries party thereto, and all other monetary Obligations hereunder are and will be within the definition of "Senior DebtIndebtedness" and or "Designated Guarantor Senior Debt" Indebtedness", as the case may be, included in such subordination provisions. The Senior Subordinated Notes Notes, when issued and sold, will either (a) have been registered or qualified under applicable federal and state securities laws or (b) are be exempt therefrom.-104-

Appears in 1 contract

Samples: Credit Agreement (Mettler Toledo Holding Inc)

AutoNDA by SimpleDocs

Senior Subordinated Notes. The Senior Subordinated Notes are the legally valid and binding obligations of Company, enforceable against Company in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability. The subordination provisions of the Senior Subordinated Notes will be are enforceable against the holders thereof and the Revolving Loans and all other monetary Obligations hereunder are and will be within the definition of "Senior Debt" and "Designated Senior DebtIndebtedness" included in such provisions. The Senior Subordinated Notes either (a) have been registered or qualified under applicable federal and state securities laws or (b) are exempt therefrom.

Appears in 1 contract

Samples: Credit Agreement (Smiths Food & Drug Centers Inc)

Senior Subordinated Notes. The subordination provisions contained in the Senior Subordinated Notes are enforceable by the legally valid Lenders against the Borrowers and binding obligations the holders of Companysuch Senior Subordinated Notes, enforceable against Company in accordance with their respective terms, except as may be limited by subject to the effects of bankruptcy, insolvency, reorganization, moratorium or and other similar laws relating to or limiting affecting creditors' rights generally or by generally, general equitable principles relating to enforceability. The subordination provisions (regardless of the Senior Subordinated Notes will be enforceable against the holders thereof whether enforcement is sought in equity or at law) and the Revolving Loans an implied covenant of good faith and fair dealing and all other monetary Cypress Obligations hereunder of Borrowers are and or will be within the definition of "Senior Debt" and "Designated Senior DebtIndebtedness" included in such provisions. The provisions of the Indenture and Senior Subordinated Notes either (a) have been registered or qualified under applicable federal and state securities laws or (b) are exempt therefromNotes.

Appears in 1 contract

Samples: Loan and Security Agreement (Amtrol Inc /Ri/)

Time is Money Join Law Insider Premium to draft better contracts faster.