Common use of Subordinated Notes Clause in Contracts

Subordinated Notes. Company has the corporate power and authority to issue the Subordinated Notes. The 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 Subordinated Note Indentures, the Subordinated Notes and the other Subordinated Note Documents are enforceable against the holders of the Subordinated Notes, and the Loans and all other monetary Obligations hereunder are and will be within the definition of "Senior Indebtedness" included in such provisions. The Subordinated Notes (a) have been registered or qualified under applicable federal and state securities laws or (b) are exempt therefrom.

Appears in 2 contracts

Samples: Credit Agreement (Aurora Foods Inc), Credit Agreement (Aurora Foods Inc /De/)

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Subordinated Notes. Company has had the corporate power and ------------------ authority to issue the Subordinated Notes. The 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 Subordinated Note Indentures, the Subordinated Notes and the other Subordinated Note Documents are enforceable against the holders of the Subordinated Notes, and the Loans and all other monetary Obligations hereunder are and will be within the definition of "Senior Indebtedness" included in such provisions. The issuance and sale of the Subordinated Notes either (a) have been were registered or qualified under applicable federal and state securities laws or (b) are b)were exempt therefrom.

Appears in 1 contract

Samples: Credit Agreement (Aurora Foods Inc /De/)

Subordinated Notes. Company has the corporate power and ------------------ authority to issue the Subordinated Notes. The 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 Subordinated Note Indentures, the Subordinated Notes and the other Subordinated Note Documents are will be enforceable against the holders of the Subordinated Notes, thereof and the Loans and all other monetary Obligations hereunder are and will be within the definition definitions of "Designated Senior Indebtedness" and "Senior Indebtedness" included in such provisions. The Subordinated Notes will 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 (Price Communications Wireless Inc)

Subordinated Notes. Company has the corporate power and authority to issue the Subordinated Notes. The 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' credits’ rights generally or by equitable principles relating to enforceability. The subordination provisions of the Subordinated Note Indentures, the Subordinated Notes and the other Subordinated Note Documents are enforceable against the holders thereof and this Agreement is and will be within the definition of the Subordinated Notes, “Designated Senior Indebtedness” included in such subordination provisions and the Loans and all other monetary Obligations hereunder are and will be within the definition of "Senior Indebtedness" included in such subordination provisions. The Subordinated Notes (a) have been registered Notes, when issued and sold, were exempt from registration or qualified qualification under applicable federal and state securities laws or (b) are exempt therefromlaws.

Appears in 1 contract

Samples: Credit Agreement (FTD Inc)

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Subordinated Notes. Company has had the corporate power and ------------------ authority to issue the Subordinated Notes. The 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 Subordinated Note Indentures, the Subordinated Notes and the other Subordinated Note Documents are enforceable against the holders of the Subordinated Notes, and the Loans and all other monetary Obligations hereunder are and will be within the definition of "Senior Indebtedness" included in such provisions. The Subordinated Notes (a) have been registered or qualified under applicable federal and state securities laws or (b) are exempt therefrom.of

Appears in 1 contract

Samples: Credit Agreement (Aurora Foods Inc)

Subordinated Notes. Company has the corporate power and authority to issue the Subordinated Notes. The Subordinated Notes are the legally valid and binding obligations 84 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 Subordinated Note Indentures, the Subordinated Notes and the other Subordinated Note Documents are enforceable against the holders of the Subordinated Notes, and the Loans and all other monetary Obligations hereunder are and will be within the definition of "Senior Indebtedness" included in such provisions. The Subordinated Notes (a) have been registered or qualified under applicable federal and state securities laws or (b) are exempt therefrom.

Appears in 1 contract

Samples: Security Agreement (Aurora Foods Inc /Md/)

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