Subordinated Creditor Indenture definition

Subordinated Creditor Indenture. Subordinated Indenture Indebtedness" "Subordinated Indenture Agreements"
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Subordinated Creditor Indenture. Subordinated Creditor" "Subordinated Creditor Mortgage"
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Subordinated Creditor Indenture means that certain Indenture, dated as of July 22, 1997 among Borrower, as issuer, the subsidiary guarantor's named therein, and Subordinated Creditor, as such agreement may be amended, modified, supplemented, refinanced, or replaced from time to time in accordance with the provisions of this Agreement and the Intercreditor Agreement.
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Examples of Subordinated Creditor Indenture in a sentence

  • The Subordinated Creditor has the power, authority and legal right pursuant to the Subordinated Creditor Indenture to execute, deliver and perform this Agreement.

  • The Subordinated Creditor has been duly authorized pursuant to the Subordinated Creditor Indenture to enter into this Subordination Agreement on behalf of the Holders (as defined in the Subordinated Creditor Indenture) and this Subordination Agreement constitutes the valid and binding obligations of the Subordinated Creditor on behalf of such Holders enforceable against the Subordinated Creditor on behalf of such Holders in accordance with its terms.

  • The rights and priorities set forth in this Paragraph 2(a) shall be effective notwithstanding the order of creation, attachment, vesting or perfection of the rights of McDonald's under the Senior Mortgages, or of the Subordinated Creditor under the Subordinated Mortgages, the Subordinated Creditor Indenture or any other documents executed in connection therewith (including, without limitation, any UCC-1 financing statements or fixture filings).

  • Notwithstanding any term herein to the contrary, it is hereby expressly agreed and acknowledged that the subordination and related agreements set forth herein by the Subordinated Creditor are made solely in its capacity as trustee and collateral agent under the Subordinated Creditor Indenture and with respect to the Subordinated Creditor Notes (and not in its individual commercial capacity, except to the extent that it is or becomes the holder of any such Subordinated Creditor Note).

  • Notwithstanding any term herein to the contrary, it is hereby expressly agreed and acknowledged that the terms of this Agreement applicable to or governing the Subordinated Creditor shall at all times and in all respects, whether or not expressly referenced therein, be subject to the terms, protections and benefits set forth in Article Seven of the Subordinated Creditor Indenture.

  • It is further expressly acknowledged that the subordination and related agreements set forth herein by the Subordinated Creditor are made solely in its capacity as Trustee under the Subordinated Creditor Indenture and with respect to the Notes issued thereunder (and not in its individual commercial capacity).

  • STATE STREET BANK AND TRUST COMPANY, solely in its capacity as trustee and collateral agent under and pursuant to the Subordinated Creditor Indenture By: /s/ Xxxx Xxx Xxxxxx ---------------------- Name: Xxxx Xxx Xxxxxx Title: Vice President XXXXXXXX'X CORPORATION By: /s/ Xxxxxx Xxxxxxx ------------------- Name: Xxxxxx Xxxxxxx Title: Vice President, Dupty General Counsel and Secretary DISCOVERY ZONE, INC.

  • ATTEST: STATE STREET BANK AND TRUST COMPANY, solely in its capacity as trustee and collateral agent under and pursuant to the Subordinated Creditor Indenture By: /s/ Xxxxxxxx X.

  • STATE STREET BANK AND TRUST COMPANY, solely in its capacity as trustee and collateral agent under and pursuant to the Subordinated Creditor Indenture By: /s/ Xxxx Xxx Xxxxxx ---------------------------------------- Name: Xxxx Xxx Xxxxxx Title: Vice President XXXXXXXX'X CORPORATION By: /s/ Xxxxxx Xxxxxxx ---------------------------------------- Name: Xxxxxx Xxxxxxx Title: Vice President, Deputy General Counsel and Secretary DISCOVERY ZONE, INC.

  • The Subordinated Creditor represents and warrants to the other parties hereto that the holders of Subordinated Creditor Notes have agreed in the Subordinated Creditor Indenture to be bound by the terms of this Agreement.


More Definitions of Subordinated Creditor Indenture

Subordinated Creditor Indenture. Subordinated Creditor Intercreditor Agreement" "Subordinated Indenture Indebtedness" "Subordinated Indenture Agreements" "Trademark Assignment"
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Related to Subordinated Creditor Indenture

  • Senior Indenture means the Senior Indenture dated the date hereof between the Company and , as trustee, as amended, modified or supplemented from time to time.

  • Subordinated Creditors means all creditors the indebtedness of which is subordinated, in the event of the Winding-Up of DSB, in right of payment to the claims of depositors and other unsubordinated creditors of DSB other than those whose claims rank or is expressed to rank by operation of law or contract pari passu with, or junior to, the claims of the Noteholders. For this purpose indebtedness shall include all liabilities, whether actual or contingent;

  • Subordinated Creditor means any creditor of Tenant which is a party to a Subordination Agreement in favor of Landlord.

  • 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).

  • Subordinated Indenture means the Subordinated Note Indenture, dated as of ________ __, 19__, between the Depositor and the Indenture Trustee, as supplemented by the Supplemental 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.

  • 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.

  • 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.

  • Second Lien Indenture means that certain indenture, dated as of October 20, 2016, among the Company, the guarantors from time to time party thereto and U.S. Bank National Association, as trustee and notes collateral agent, relating to the 9.5% Senior Secured Second Lien Notes due 2022 of the Company, as amended, supplemented, restated, converted, exchanged, replaced or modified from time to time;

  • ABL Intercreditor Agreement means the intercreditor agreement dated as of the Closing Date among the Administrative Agent, the ABL Agent and the Loan Parties, substantially in the form attached as Exhibit L hereto or any other intercreditor agreement among the ABL Agent, one or more Senior Representatives of Permitted First Priority Refinancing Debt or Permitted Junior Priority Refinancing Debt and the Administrative Agent on terms that are no less favorable in any material respect to the Secured Parties as those contained in the form attached as Exhibit L hereto.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • 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.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Senior Secured Credit Agreement means that certain Credit Agreement, dated as of September 27, 2018, among the Borrowers, the lenders from time to time party thereto, JPMCB as administrative agent, JPMCB as collateral agent, and the other parties thereto, as amended, restated, amended, restated, extended, supplemented, refinanced or otherwise modified from time to time.

  • ABL Secured Parties means “Secured Parties” as defined in the ABL Credit Agreement.

  • Senior Creditor means a holder or holders of Senior Indebtedness and includes any representative or representatives, agent or agents or trustee or trustees of any such holder or holders;

  • Note Indenture means the Note Indenture dated as of May 17, 2001, between the Note Issuer and the Note Trustee, as the same may be amended and supplemented from time to time.

  • Senior Debt Documents means (a) the Credit Agreement Loan Documents and (b) any Additional Senior Debt Documents.

  • Senior Secured Parties means the Credit Agreement Secured Parties and any Additional Senior Debt Parties.

  • Senior Secured Notes Trustee means The Bank of New York Mellon Trust Company, N.A. and its successors and assigns acting as trustee under the Senior Secured Notes Indenture.

  • Senior Secured Credit Facilities means the revolving credit facility and other credit facilities under the Credit Agreement, including any guarantees, collateral documents, instruments and agreements executed in connection therewith, and any amendments, supplements, modifications, extensions, renewals, restatements, refundings, refinancings or replacements thereof and any one or more indentures or credit facilities or commercial paper facilities with banks or other institutional lenders or investors that replace, refund, supplement or refinance any part of the loans, notes, other credit facilities or commitments thereunder, including any such replacement, refunding or refinancing facility or indenture that increases the amount borrowable thereunder or alters the maturity thereof (provided that such increase in borrowings is permitted under Section 4.09 hereof) or adds Restricted Subsidiaries as additional borrowers or guarantors thereunder and whether by the same or any other agent, trustee, lender or group of lenders or holders.

  • Senior Secured Credit Facility means the Loan and Security Agreement, dated as of May 31, 2017 by and among the Company and Western Alliance Bank (as amended, amended and restated, supplemented or otherwise modified from time to time, subject to the limitations herein).

  • Junior Debt Documents means the agreements governing any Junior Debt.

  • Second Lien Notes Trustee “Second Lien Noteholder”, “High Yield Agent”, “HY Borrower”, “High Yield Creditor”, “High Yield Lender”, “Unsecured Agent”, “Unsecured Borrower”, “Unsecured Creditor”, “Unsecured Lender”, “Security Agent”, “Security Grantor”, “Senior Agent”, “Senior Arranger”, “Senior Borrower”, “Senior Creditor”, “Senior Guarantor”, “Senior Lender”, “Senior Secured Notes Guarantor”, “Senior Secured Notes Issuer”, “Senior Secured Notes Trustee”, “Senior Secured Noteholder”, “Subordinated Creditor”, “Permitted Affiliate Parent” or the “Company” shall be construed to be a reference to it in its capacity as such and not in any other capacity;

  • Guarantor Senior Indebtedness means the principal of (and premium, if any, on) and interest on (including interest accruing after the filing of a petition initiating any proceeding pursuant to any bankruptcy law, whether or not allowable as a claim in such proceeding) and other amounts due on or in connection with any Indebtedness of any Guarantor, whether outstanding on the date hereof or hereafter created, incurred or assumed, unless, in the case of any particular Indebtedness, the instrument creating or evidencing the same or pursuant to which the same is outstanding expressly provides that such Indebtedness shall not be pari passu with the Guarantees. Without limiting the generality of the foregoing, "Guarantor Senior Indebtedness" shall include the principal of (and premium, if any, on) and interest (including interest accruing after the filing of a petition initiating any proceeding pursuant to any bankruptcy law, whether or not allowable as a claim in such proceeding) on all obligations of every nature of any Guarantor to the Lenders under the New Bank Credit Agreement and to the Holders of the Securities, and any interest rate or foreign exchange agreement now existing or hereinafter entered into by any Guarantor with any Lender, including, without limitation, all fees, expenses (including fees and expenses of counsel), claims, charges and indemnity obligations. Notwithstanding the foregoing, "Guarantor Senior Indebtedness" shall not include (i) Indebtedness evidenced by the guarantees of the Senior Subordinated Notes, (ii) Indebtedness of any Guarantor that is expressly subordinated in right of payment to any of such Guarantor's Guarantees, (iii) Indebtedness of any Guarantor that by operation of law is subordinate to any general unsecured obligations of such Guarantor, (iv) Indebtedness represented by Redeemable Capital Stock, (v) Indebtedness of any Guarantor to ADT Limited or any of its Subsidiaries, (vi) any liability for federal, state, local or other taxes owed or owing by any Guarantor and (vii) trade payables owed or owing by any Guarantor.

  • Senior Creditors means the Senior Agent, the Senior Lenders and any other Person who holds Senior Indebtedness.