Advances to Subsidiaries. All advances to Restricted Subsidiaries that are not Guarantors made by the Company after the date of this Indenture will be evidenced by Intercompany Notes in favor of the Company. Each Intercompany Note will be payable upon demand and will bear interest at the same rate as the Notes. The form of Intercompany Note is attached as Exhibit F hereto.
Advances to Subsidiaries. 68 Section 4.19.
Advances to Subsidiaries. All advances to Subsidiaries made by the Company from time to time after the Issue Date, other than the MFH Capital Contributions, shall be evidenced by unsecured Subsidiary Intercompany Notes in favor of the Company that will be pledged to the Collateral Agent pursuant to the Pledge Agreement as Pledged Collateral to secure the Notes. All advances by the Company to any Subsidiary outstanding on the date hereof shall be evidenced by an unsecured Subsidiary Intercompany Note that will be pledged to the Collateral Agent pursuant to the Pledge Agreement as Pledged Collateral for the Notes. Each Subsidiary Intercompany Note shall be payable upon demand, shall bear interest at the same rate as the Notes, and will be subordinated in right of payment to all existing Senior Debt of the Subsidiary to which such loan is made. ''Senior Debt'' of Subsidiaries for the purposes of the Subsidiary Intercompany Notes will be defined as all Indebtedness of such Subsidiaries that is not specifically by its terms made pari passu with or junior to such Subsidiary Intercompany Notes. A form of Subsidiary Intercompany Note is attached as Exhibit F hereto. Repayments of principal with respect to any Subsidiary Intercompany Note shall be required to be pledged to the Collateral Agent pursuant to the Pledge Agreement as Pledged Collateral to secure the Notes until such amounts are advanced to a Subsidiary in accordance with this Indenture. The Company shall not permit any Subsidiary in respect of which the Company is a creditor by virtue of a Subsidiary Intercompany Note to incur any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of such Subsidiary and senior in any respect in right of payment to any Subsidiary Intercompany Note.
Advances to Subsidiaries. All Advances to Restricted Subsidiaries made by the Company after the date of this Indenture will be evidenced by intercompany notes in favor of the Company. These intercompany notes will be pledged pursuant to the Security Documents as Collateral to secure the Notes.
Advances to Subsidiaries. All advances to Restricted Subsidiaries made by the Issuer after the Issue Date shall be evidenced by intercompany notes in favor of the Issuer. Such intercompany notes shall be pledged pursuant to the Security Documents as Collateral to secure the Notes. Each intercompany note shall be payable upon demand and shall bear interest at the same rate as the Notes and will be subordinated in right of payment to all existing Senior Debt of the Restricted Subsidiary to which the loan is made. “Senior Debt” of Restricted Subsidiaries for the purposes of the intercompany notes will be defined as all Indebtedness of the Restricted Subsidiaries that is not specifically by its terms made pari passu with or junior to the intercompany notes. The Issuer will not permit any Restricted Subsidiary in respect of which the Issuer is a creditor by virtue of an intercompany note to incur any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of such Restricted Subsidiary and senior in any respect in right of payment to any intercompany note.
Advances to Subsidiaries. If the Company or any Restricted Subsidiary makes any loans or other advances to Restricted Subsidiaries after the Issue Date, then such loans or other advances will either (1) be evidenced by intercompany notes in favor of the Company or such Restricted Subsidiary and will be pledged pursuant to the Security Documents as Collateral to secure the Notes, or (2) the Company will not, and will cause the applicable Restricted Subsidiary not to, pledge or deliver any such intercompany note as security for Indebtedness to any other party. Any such intercompany note will be payable upon demand. If the Restricted Subsidiary is not a party to the Intercompany Subordinated Note (as defined in the Security Agreement), such Restricted Subsidiary shall, within 30 days of making such loan or advance, execute and deliver to the Noteholder Collateral Agent a joinder to the Intercompany Subordinated Note in the form attached as Exhibit 3 to the Security Agreement.
Advances to Subsidiaries. (a) All advances to Subsidiaries made by the Company or any of its Subsidiaries (other than (x) equity contributions and (y) advances to Subsidiaries with a maturity date of less than 90 days from the date of such advance not to exceed $5 million for any one Subsidiary or $8 million in the aggregate for all Subsidiaries) shall be evidenced by intercompany notes in favor of the Company or such Subsidiary. Intercompany notes in favor of the Company shall be pledged pursuant to the Collateral Documents to the Trustee as Collateral to secure the Notes. Each intercompany note shall be payable upon demand and will bear interest at a rate equal to the then current fair market interest rate.
(b) If an intercompany advance to a Subsidiary of the Company where assets constitute part of the Collateral is evidenced by an Intercompany Note, and if the applicable Subsidiary of the Company that is the maker of such Intercompany Note proposes to remit monies to the Company, the Company shall cause such Subsidiary to distribute such monies to the Company, directly or indirectly, by means of a dividend or other manner and not as a repayment of the Indebtedness evidenced by the applicable Intercompany Note; provided, however, that monies may be distributed to the Company as repayment of the Indebtedness evidenced by an Intercompany Note so long as, after giving effect thereto, the aggregate amount of Indebtedness evidenced by the Komag Malaysia Intercompany Notes and of the Komag Bermuda Intercompany Notes is not less than $100 million in the aggregate; and provided, further, that on and after December 31, 2005, monies may be distributed to the Company as repayment of the Indebtedness evidenced by the Komag Malaysia Intercompany Notes or of the Komag Bermuda Intercompany Notes if, to the extent that such monies result in the aggregate amount of Indebtedness evidenced by such Intercompany Notes to be less than $100 million, such monies are used by the Company in the ordinary course of its business or to repay the Senior Notes in accordance with the terms of the Senior Notes Indenture or to pay the Notes in accordance with the terms of this Indenture.
Advances to Subsidiaries. The Borrower shall make any advance, loan, or extension of credit to or any payment on behalf of or guaranty any obligation of any Subsidiary without the Lender's prior written consent.
Advances to Subsidiaries. All advances to Restricted Subsidiaries made by PES after the Issue Date will be evidenced by intercompany notes in favor of PES. These intercompany notes will be pledged pursuant to the Security Documents as Collateral to secure the Notes. Each intercompany note will be payable upon demand and will be subordinated in right of payment to all existing Senior Debt of the Restricted Subsidiary to which the loan is made. “Senior Debt” of Subsidiaries for the purposes of the intercompany notes will be defined as all Indebtedness of the Restricted Subsidiaries that is not specifically by its terms made pari passu with or junior to the intercompany notes. PES will not permit any Restricted Subsidiary in respect of which PES is a creditor by virtue of an intercompany note to incur any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of such Restricted Subsidiary and senior in any respect in right of payment to any intercompany note.
Advances to Subsidiaries. All advances to Restricted Subsidiaries made by the Company after the Issue Date shall be evidenced by intercompany notes in favor of the Company substantially in the form of Exhibit B. Each intercompany note shall be payable upon demand and shall bear interest at the same rate as the Securities.
