Subordinated Shareholder Funding means, collectively, any funds provided to the Company by any Parent Entity, any Affiliate of any Parent Entity or any Permitted Holder in exchange for or pursuant to any security, instrument or agreement other than Capital Stock, in each case issued to and held by the foregoing Persons, together with any such security, instrument or agreement and any other security or instrument other than Capital Stock issued in payment of any obligation under any Subordinated Shareholder Funding; provided, however, that such Subordinated Shareholder Funding:
Subordinated Shareholder Funding means, collectively, any funds provided to the Issuer by any Parent, any Affiliate of any Parent or any Permitted Holder or any Affiliate thereof, in exchange for or pursuant to any security, instrument or agreement other than Capital Stock, in each case issued to and held by any of the foregoing Persons, together with any such security, instrument or agreement and any other security or instrument other than Capital Stock issued in payment of any obligation under any Subordinated Shareholder Funding; provided, however, that such Subordinated Shareholder Funding:
Subordinated Shareholder Funding means, collectively, any funds provided to the Issuer or any of its Subsidiaries in exchange for or pursuant to any security, instrument or agreement other than capital stock, together with any such security, instrument or agreement and any other security or instrument other than capital stock issued in payment of any obligation under any Subordinated Shareholder Funding; provided that such Subordinated Shareholder Funding in each case: (i) does not mature or require any amortisation, redemption or other repayment of principal or any sinking fund payment prior to the first anniversary of the Maturity Date (other than through conversion or exchange of such funding into capital stock); (ii) does not require, prior to the first anniversary of the Maturity Date, payment of cash interest, cash withholding amounts or other cash gross-ups, or any similar cash amounts; (iii) contains no change of control or similar provisions and does not accelerate and has no right to declare a default or event of default or take any enforcement action or otherwise require any cash payment, in each case, prior to the first anniversary of the Maturity Date; (iv) does not provide for or require any security interest or encumbrance over any asset of the Issuer or any of its Subsidiaries; and(v) pursuant to its terms is fully subordinated and junior in right of payment to the Notes pursuant to subordination, payment blockage and enforcement limitation terms;
Examples of Subordinated Shareholder Funding in a sentence
Equity Offering Disinterested Director (y) Capital Stock or other securities of a Parent or an Affiliate, the proceeds of which are Board of Directors having no material direct or indirect financial interest in or with respect to contributed as Subordinated Shareholder Funding or to the equity of the Borrower or any of such Affiliate Transaction.
More Definitions of Subordinated Shareholder Funding
Subordinated Shareholder Funding means, any indebtedness that satisfies all of the following conditions: (1) it is provided by a shareholder of the Parent to the Parent (and not to any Restricted Subsidiary), (2) it is subordinated in right of payment to the Notes by being designated as “Subordinated Liabilities” under the Intercreditor Agreement, (3) it is unsecured and does not benefit from any guarantees from the Parent or any of its Restricted Subsidiaries, (4) it does not accrue interest payable in cash and (5) it provides that no repayment of principal may be made in cash until at least six months after the final maturity date of the Notes.
Subordinated Shareholder Funding means, collectively, any Debt provided to the Issuer by any direct or indirect Holding Company of the Issuer (or any Affiliate of any such Holding Company) or any Permitted Holder; provided that such Subordinated Shareholder Funding:
Subordinated Shareholder Funding means the Shareholder Loan Notes Novation Intercompany Loan, the Shareholder Loan Notes Repayment Intercompany Loan and the Other Shareholder Indebtedness Intercompany Loan. See “Related Party Transactions.”
Subordinated Shareholder Funding has the meaning ascribed to such term in Schedule 17 (Restrictive Covenants).
Subordinated Shareholder Funding means collectively (and subject to Section 6.16), any funds provided to the Parent or any Restricted Subsidiary by Holdings or an direct or indirect parent of Holdings in exchange for or pursuant to any security, instrument or agreement other than Capital Stock, in each case, issued to and held by any of the foregoing Persons, together with any such security, instrument or agreement and any other security or instrument other than Capital Stock issued in payment of any obligation under any Subordinated Shareholder Funding; provided, however, that such Subordinated Shareholder Funding: (a) does not mature or require any amortization, redemption or other repayment of principal or any sinking fund payment prior to the date that is six months after the Stated Maturity of the Facility (other than through conversion or exchange of such funding into Capital Stock (other than Disqualified Stock) of the Parent or any Restricted Subsidiary or any funding meeting the requirements of this definition) or the making of any such payment prior to the date that is six months after Stated Maturity of the Facility is restricted by any Acceptable Intercreditor Agreement or other applicable intercreditor agreement; (b) does not require, prior to the date that is six months after the Stated Maturity of the Facility, payment of cash interest, cash withholding amounts or other cash gross-ups, or any similar cash amounts or the payment of any amount as a result of any such action or provision, in each case, prior to the date that is six months after the Stated Maturity of the Facility is restricted by an Acceptable Intercreditor Agreement or other applicable intercreditor agreement; (c) does not provide for or require any security interest or encumbrance over any asset of the Parent or any of its Subsidiaries; and (d) pursuant to its terms or to an Acceptable Intercreditor Agreement or other applicable intercreditor or subordination agreement, is fully subordinated and junior in right of payment to the Facility pursuant to subordination, payment blockage and enforcement limitation terms.
Subordinated Shareholder Funding means any Indebtedness of the Company (and any security into with such Indebtedness is converted or for which it is exchangeable at the option of the holder) issued to and held by a direct or indirect parent of the Company or one or more shareholders of such parent that:
Subordinated Shareholder Funding means, collectively, any funds provided to the Parent Guarantor by Luxco I in exchange for or pursuant to any security, instrument or agreement other than Capital Stock, in each case issued to and held by any of the foregoing Persons, together with any such security, instrument or agreement and any other security or instrument other than Capital Stock issued in payment of any obligation under any Subordinated Shareholder Funding; provided, however, that such Subordinated Shareholder Funding is in the form of the preferred equity certificates or the convertible preferred equity certificates each issued by Xxxx XX to Xxxx I in connection with the Acquisition or: