Additional Subordinated Notes definition

Additional Subordinated Notes means the subordinated notes of the Company that may be issued to the Property Trustee as provided in Section 2.7(c).

Additional Subordinated Notes has the meaning specified in the Stock Purchase Contract Agreement.

Additional Subordinated Notes means subordinated notes issued from time to time by the Borrower, or assumed in connection with a Permitted Acquisition; provided that (a) except in the case of Additional Subordinated Notes assumed in connection with a Permitted Acquisition, the Net Cash Proceeds thereof are used either (i) to finance one or more Permitted Acquisitions or (ii) to prepay Loans in accordance with Section 2.13(c), (b) such subordinated notes do not require any scheduled payment of principal prior to a date that is 12 months after the Maturity Date and (c) the subordination provisions and other non-pricing terms and conditions of such subordinated notes are no less favorable to the Loan Parties and the Lenders than the analogous provisions of the Senior Subordinated Notes.

Examples of Additional Subordinated Notes in a sentence

• All funds required in respect of the purchase price of any Collateral Enhancement Obligations and all funds required in respect of the exercise price of any rights or options thereunder, may only be paid out of Additional Subordinated Notes Proceeds, Contributions and the Balance standing to the credit of the Supplemental Reserve Account at the relevant time.

• Specified Additional Subordinated Notes: The Specified Additional Notes that are Subordinated Notes.

• The Issuer hereby directs the Trustee to deposit the Additional Subordinated Notes Proceeds into the Collection Account as Principal Proceeds or Interest Proceeds on the Refinancing Date in the respective amounts set forth in an Issuer Order delivered to the Trustee (which amounts shall be used to pay amounts owing by the Issuer in connection with the Refinancing as further set forth in the Issuer Order).

• The Issuer hereby directs the Trustee to deposit the Additional Subordinated Notes Proceeds into the Collection Account as Principal Proceeds or Interest Proceeds on the First Refinancing Date in the respective amounts set forth in an Issuer Order delivered to the Trustee (which amounts may be used to pay amounts owing by the Issuer in connection with the Refinancing as further set forth in the Issuer Order).

• The Issuer hereby directs the Trustee to deposit the Additional Subordinated Notes Proceeds into the Collection Account as Principal Proceeds or Interest Proceeds on the Second Refinancing Date in the respective amounts set forth in an Issuer Order delivered to the Trustee on the Second Refinancing Date.

More Definitions of Additional Subordinated Notes

Additional Subordinated Notes means the additional senior subordinated promissory notes issued pursuant to Section 5(d)(vi) of the Warrant in the form of Exhibit A to the Warrant.

Additional Subordinated Notes means subordinated notes issued from time to time by Terex, or assumed in connection with a Permitted Acquisition, after the Restatement Closing Date; provided that (a) such subordinated notes do not require any scheduled payment of principal prior to a date that is 12 months after the Tranche B Maturity Date and (b) the subordination provisions and other non-pricing terms and conditions of such subordinated notes are no less favorable to the Loan Parties and the Lenders than the analogous provisions of the New Subordinated Notes.

Additional Subordinated Notes means any subordinated notes issued by the Borrower pursuant to an indenture with subordination terms at least as favorable to the Lenders as the indenture with respect to the Senior Subordinated Notes as confirmed by the Administrative Agent in its reasonable judgment.

Additional Subordinated Notes means the subordinated notes of the Company that may be issued to the Stock Purchase Contract Agent as provided in Section 6.7(c).

Additional Subordinated Notes has the meaning specified in Section 1.6(a).

Additional Subordinated Notes means Subordinated Debt consisting of up to $10,000,000 of Borrower’s Secured Subordinated Convertible Promissory Notes issued by Borrower after the Effective Date on substantially the same terms as set forth in that certain Subordinated Convertible Note and Warrant Purchase Agreement dated April 9, 2010 by and among Borrower and the “Lenders” (as defined therein) and which is subject to subordination provisions in favor of Agent and the Lenders on substantially the same terms as the provisions of the Subordination Agreement.

Additional Subordinated Notes means additional subordinated notes that may be issued to the Property Trustee in accordance with Section 2.5(c).