Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 40 contracts
Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Osi Systems Inc)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 8 contracts
Samples: Agency Succession and Amendment Agreement (GateHouse Media, Inc.), Note Purchase Agreement (Bravo Brio Restaurant Group, Inc.), Secured Bridge Credit Agreement (GateHouse Media, Inc.)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, ,” “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 7 contracts
Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoDebt.
Appears in 4 contracts
Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt (including, without limitation, the Existing Subordinated Notes) and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 4 contracts
Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, ” and “Designated Senior IndebtednessDebt” or any similar designation under and as defined in any agreement governing any Subordinated Debt Debt, including, without limitation, the Senior Subordinated Notes, and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 3 contracts
Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)
Classification of Senior Indebtedness. The If any Subordinated Debt is outstanding, the Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt Debt, if any and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 3 contracts
Samples: Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt Indebtedness and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 2 contracts
Samples: Credit Agreement (Checkpoint Systems Inc), Credit Agreement (Checkpoint Systems Inc)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 2 contracts
Samples: Amendment No. 3 (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “"Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation " under and as defined in any agreement governing any Subordinated Debt Debt, including, without limitation, the High Yield Notes, and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 1 contract
Samples: Credit Agreement (Juno Lighting Inc)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).
Appears in 1 contract
Classification of Senior Indebtedness. The Credit Party Obligations constitute “"Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation " under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 1 contract
Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, Debt” and/or “Designated Senior IndebtednessDebt” or any similar designation under and as defined in any agreement governing any the Subordinated Debt and Note Documents, the subordination provisions set forth in each such agreement therein are legally valid and enforceable against the parties theretothereto and the Lenders are entitled to rely on such subordination provisions.
Appears in 1 contract
Samples: Credit Agreement (Belden Inc.)
Classification of Senior Indebtedness. The Credit Party Obligations constitute “"Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation " under and as defined in any agreement governing any Subordinated Debt (including, without limitation, the Existing Subordinated Notes and the New Convertible Notes) and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Appears in 1 contract
Samples: Credit Agreement (Gencorp Inc)