New Subordinated Debentures definition

New Subordinated Debentures means the exchangeable subordinated debentures due November 30, 2022 in the principal amount of $100 million issued by YMI (or, alternatively, if the steps set forth in Section 4.3 are implemented, convertible subordinated debentures due November 30, 2022 in the principal amount of $100 million issued by New YMI), such debentures to be governed by the New Subordinated Debenture Indenture;
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New Subordinated Debentures has the meaning specified in the recitals of this Indenture.
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New Subordinated Debentures means unsecured, convertible subordinated debentures issued by Fleetwood on January 10, 2002, in an original principal amount not to exceed $40,000,000.
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Examples of New Subordinated Debentures in a sentence

  • The Securities in definitive form shall be in the form attached hereto as Exhibit B; provided that the New Subordinated Debentures will not contain any of the provisions with respect to transfer restrictions under the Securities Act following the Trustee's authentication.

  • On the UM&M Distribution Date,(2) or as soon thereafter as practicable, the PBGC, in full satisfaction, settlement, release, and discharge of the Allowed UM&M Claim, and in exchange for, the Allowed UM&M Claim, shall receive $17,200,000.00 in principal amount of New Subordinated Debentures, as that term is defined in the UM&M Plan.

  • District Councillor Hinton presented his report which had been circulated and expanded upon it.

  • Upon effectiveness of a registration statement under the Securities Act relating to the New Subordinated Debentures, this Indenture shall be subject to the provisions of the TIA that are required to be a part of this Indenture and shall, to the extent applicable, be governed by such provisions.

  • In this regard, revenue provisions contained in President Clinton's fiscal year 1998 budget proposal as submitted to Congress on February 6, 1997, would deny interest deductions on the Old Subordinated Debentures and the New Subordinated Debentures (together, the "Subordinated Debentures") if such revenue provisions were enacted and made applicable retroactively to such Debentures.

  • The principal terms of the New Senior Note, New Subordinated Debentures, New Common Stock and New Warrants are summarized in Exhibits B, C, D, and E hereto and incorporated herein by reference.

  • Xxxx XX Title: Treasurer of G.P. Old Subordinated Debentures Owned or Controlled ----------------------------------------------- Caspian Capital Partners, L.P. $1,683,500 Mariner LDC $1,992,500 -11- EXHIBIT A --------- TERM SHEET ---------- In satisfaction of all amounts owed with respect to the Old Subordinated Debentures, the Company will issue New Subordinated Debentures ("New Subordinated Debentures") pursuant to an indenture (the "New Indenture") dated as of the Effective Date.

  • There is no question that smoking dramatically increases the risk of both heart disease and stroke.

  • In particular, we direct your attention to the provisions of the Proposed Legislation which, if enacted and applicable to the New Subordinated Debentures by reason of its effective date, may not permit the Company to deduct interest paid on the New Subordinated Debentures under certain circumstances described in the Prospectus.

  • To the extent, if any, that they constitute "securities," the issuance and distribution of the (i) New Senior Note, (ii) New Subordinated Debentures, (iii) New Common Stock, and (vii) New Warrants (collectively, the "Plan Consideration") have been duly authorized, and when issued as provided in the Plan, will be validly issued, fully paid and nonassessable.


More Definitions of New Subordinated Debentures

New Subordinated Debentures means the exchangeable subordinated debentures due November 30, 2022 in the principal amount of $107.5 million issued by YMI, such debentures to be governed by the New Subordinated Debenture Indenture;
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New Subordinated Debentures means up to $155,000,000 in aggregate principal amount of unsecured, convertible subordinated debentures issued by Fleetwood after the effective date of the Second Amendment, in accordance with Section 7.29 (b)
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New Subordinated Debentures means the 3 1/2% Subordinated Debentures due March 31, 2022 of Reorganized UM&M, to be issued and distributed pursuant to Article III.B. of the Plan on the Distribution Date, or as soon thereafter as practicable, as more fully described in the annexed Exhibit C.
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New Subordinated Debentures means the subordinated debentures that are to be purchased by Purchaser or its affiliates from the Company as provided in Section 1.2.
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Related to New Subordinated Debentures

  • Existing Subordinated Notes means any instrument or loan issued or incurred before 1 January 2013, whether publicly or privately placed, ranking or expressed to be ranking pari passu with all other subordinated obligations (except for those subordinated obligations expressed by their terms to rank junior), provided that should any such Existing Subordinated Notes be amended in any way (contractually or by statute) which would result in allowing the Issuer to issue subordinated notes ranking senior thereto, then such Subordinated Notes would be deemed to no longer constitute an Existing Subordinated Note. As a result, in the event of liquidation or bankruptcy of the Issuer or in the event of a Moratorium (as defined in Condition 3 of the Conditions of the Notes) with respect to the Issuer, the claims of the holders of the Subordinated Notes ("Subordinated Noteholders") against the Issuer will be:

  • Junior Subordinated Debentures means the aggregate principal amount of the Depositor's ____% Junior Subordinated Deferrable Interest Debentures, due ________ __, 2027, issued pursuant to the Indenture.

  • Subordinated Debentures means the debentures exchangeable by the Company for the Preferred Stock in accordance with the Certificate of Designations therefor.

  • Convertible Subordinated Notes means the Company's 7% Convertible Subordinated Notes issued pursuant to an indenture dated as of June 12, 1996, between the Company and The Chase Manhattan Bank (formerly known as Chemical Bank), as trustee.

  • Eligible Subordinated Debt means, at any time in respect of any issuer, each series of the issuer’s then-outstanding long-term indebtedness for money borrowed that (a) upon a bankruptcy, liquidation, dissolution or winding up of the issuer, ranks subordinate to the issuer’s then outstanding series of indebtedness for money borrowed that ranks most senior, (b) is then assigned a rating by at least one NRSRO (provided that this clause (b) shall apply on a Redesignation Date only if on such date the issuer has outstanding subordinated long-term indebtedness for money borrowed that satisfies the requirements in clauses (a), (c) and (d) that is then assigned a rating by at least one NRSRO), (c) has an outstanding principal amount of not less than $100,000,000, and (d) was issued through or with the assistance of a commercial or investment banking firm or firms acting as underwriters, initial purchasers or placement or distribution agents. For purposes of this definition as applied to securities with a CUSIP number, each issuance of long-term indebtedness for money borrowed that has (or, if such indebtedness is held by a trust or other intermediate entity established directly or indirectly by the issuer, the securities of such intermediate entity that have) a separate CUSIP number shall be deemed to be a series of the issuer’s long-term indebtedness for money borrowed that is separate from each other series of such indebtedness.

  • 2026 Notes means the 7.75% Senior Notes due 2026, originally issued by Ensco plc (now Valaris), a public limited company organized under the laws of England and Wales.

  • Senior Subordinated Notes means the Borrower’s 9.75% Senior Subordinated Notes due 2014, in an original aggregate principal amount of $225,000,000.

  • Existing Senior Subordinated Notes means the 10.875% Senior Subordinated Notes Due 2009 issued by the Company pursuant to the Existing Senior Subordinated Note Indenture.

  • Senior Subordinated Indenture means the Indenture, dated as of August 30, 2007, among the Company, the subsidiary guarantors party thereto from time to time and Xxxxx Fargo Bank, National Association, as trustee, governing the 13.5% Senior Subordinated Notes due 2015 of the Company, as the same may be amended, supplemented, waived or otherwise modified from time to time.

  • 2014 Notes means (i) the 4.850% Senior Secured Notes due 2024 issued by the Issuer on March 18, 2014 and (ii) the 4.45% Senior Secured Notes due 2025 and the 5.45% Senior Secured Notes due 2034 issued by the Issuer on August 21, 2014.

  • 2015 Notes means the 8.375% senior notes due 2015 in the principal amounts of $615 million and €500 million issued pursuant to the 2015 Notes Indenture.

  • Series A Debentures means the Series A 9-7/8% Junior Subordinated Deferrable Interest Debentures due February 15, 2027 of the Debenture Issuer issued pursuant to the Indenture.

  • Senior Subordinated Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.

  • Junior Subordinated Notes means the $__________ aggregate principal amount of the Depositor's Series __ ____% Junior Subordinated Notes due ____ __, ____, issued pursuant to the Subordinated Indenture.

  • Debenture Indenture means the Indenture, dated as of December 1, 1989, between United Parcel Service of America, Inc. and Chemical Bank pursuant to which the 8-3/8% Debentures Due April 1, 2020 were issued, as in effect on the date of this Agreement (without giving effect to any amendment, supplement or other modification thereto, any repayment or covenant defeasance thereunder or any termination thereof), a copy of which is attached as Exhibit F hereto.

  • Initial Debentures means the Debentures designated as “9.5% Unsecured Convertible Debentures” and described in Section 2.5;

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Other Debentures means all junior subordinated debentures issued by the Guarantor from time to time and sold to trusts to be established by the Guarantor (if any), in each case similar to the Issuer.

  • Senior Subordinated Debt means the Indebtedness represented by the Senior Subordinated Notes (including the Note Guarantees, Exchange Notes (each as defined in the Senior Subordinated Debt Documents), guarantees of Exchange Notes and any replacement Exchange Notes).

  • 2019 Notes has the meaning set forth in the definition of “2018 Exchange Offers”.

  • Series B Debentures means the $200 million aggregate principal amount of 4.903% Series B senior unsecured debentures of the Trust due July 5, 2023.

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Permitted Subordinated Debt means Indebtedness of any of the Borrowers which has been subordinated and made junior to the Full Payment of the Obligations, and evidenced as such by a subordination agreement containing subordination provisions substantially in the form of Exhibit I, or otherwise in form and substance reasonably satisfactory to the Administrative Agent; provided that (a) at the time such Permitted Subordinated Debt is incurred, no Default or Event of Default has occurred or would occur as a result of such incurrence, and (b) the documentation evidencing such Permitted Subordinated Debt shall have been delivered to the Administrative Agent and shall contain all of the following characteristics: (i) it shall be unsecured, (ii) it shall bear interest at a rate not to exceed the market rate as determined in good faith by the applicable Borrower, (iii) it shall not require unscheduled principal repayments thereof prior to the maturity date of such debt, (iv) if it has any covenants, such covenants (including covenants relating to incurrence of indebtedness) shall be less restrictive than those set forth herein, (v) it shall have no restrictions on the Borrowers’ ability to grant liens securing indebtedness ranking senior to such Permitted Subordinated Debt, (vi) it shall permit the incurrence of senior indebtedness under this Agreement, (vii) it may be cross-accelerated with the Obligations and other senior indebtedness of the Borrowers (but shall not be cross-defaulted except for payment defaults which the senior lenders have not waived) and may be accelerated upon bankruptcy, and (viii) it shall provide for the complete, automatic and unconditional release of any and all guarantees of such Permitted Subordinated Debt granted by any Borrower in the event of the sale by any Person of such Borrower or the sale by any Person of all or substantially all of such Borrower’s assets (including in the case of a foreclosure).

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • Fifth Supplemental Indenture means the Fifth Supplemental Indenture, dated as of November 27, 2009, among the Company, the Guarantors and the Trustee.