Convertible Subordinated Notes. The Borrower shall have provided to the Trustee under the Convertible Subordinated Note Indenture written notice that the Obligations arising under the Credit Agreement have been designated by the Borrower as “Designated Senior Indebtedness” for purposes of the Convertible Subordinated Note Indenture.
Convertible Subordinated Notes. If on December 31, 2013 the aggregate outstanding principal amount of the Convertible Subordinated Notes is greater than $150 million, then, for so long as the aggregate outstanding principal amount of the Convertible Subordinated Notes is in excess of $150 million, permit Liquidity to be less than $300 million.
Convertible Subordinated Notes. Parent, Acquisition and the Company shall take all necessary actions to ensure that the Surviving Corporation shall (i) assume the due and punctual payment of the principal of, premium, if any, and interest (including liquidated damages, if any) on all the Subordinated Notes and the performance or observance of every covenant of the Indenture and in the Subordinated Notes on the part of the Company to be performed or observed, and (ii) have provided for the applicable conversion rights set forth in Section 12.11 of the Indenture and the repurchase rights set forth in Article XIV of the Indenture. The Company shall take no actions that would result in an event of default under the Indenture.
Convertible Subordinated Notes. At the Effective Time, by virtue of the Merger and without any further action on the part of the Company or the Holder thereof, the Saks Holdings, Inc. 5 1/2% Convertible Subordinated Notes due September 15, 2006 (the "Convertible Notes") outstanding at the Effective Time shall become obligations of the Surviving Corporation and shall remain outstanding thereafter; and from and after the Effective Time, the holders of the Convertible Notes shall have the right to convert such Convertible Notes into such number of shares of Parent Common Stock and such amount of cash in lieu of fractional shares received in the Merger by a holder of the number of shares of Company Common Stock into which such Convertible Notes were convertible immediately prior to the Effective Time.
Convertible Subordinated Notes. Subject to the satisfaction of the conditions precedent set forth in Section 5 below, Agent and Lenders hereby waive any Event of Default arising pursuant to Section 10.12 of the Loan Agreement that may exist as a result of the failure of HTI to comply with the provisions of Section 3.12 of the 3.25% Convertible Subordinated Note Indenture, provided that the 3.25% Convertible Subordinated Notes are optionally redeemed by HTI in accordance with the terms of the 3.25% Convertible Subordinated Note Indenture no later than February 4, 2013.
Convertible Subordinated Notes. The 2022 Convertible Subordinated Notes or any replacement or refinancing of the 2022 Convertible Subordinated Notes effectuated in accordance with 8.11 herein.
Convertible Subordinated Notes. The occurrence of an “Event of Default” under, and as defined in, the Convertible Subordinated Note Documents.
Convertible Subordinated Notes. The Obligations constitute "Senior Indebtedness" and "Designated Senior Indebtedness" under and as defined in the Subordinated Convertible Notes Indenture. No other Indebtedness of any Group Member qualifies as "Designated Senior Indebtedness" under the Subordinated Convertible Notes Indenture, other than Indebtedness under the First Lien Loan Documents.
Convertible Subordinated Notes. Amkor’s 6¼% Convertible Subordinated Notes due 2013, issued pursuant to the Convertible Subordinated Notes (2013) Indenture. Convertible Subordinated Notes Indenture – the Convertible Subordinated Notes (2013) Indenture. Convertible Subordinated Notes (2013) Indenture – that certain Indenture between Amkor and U.S. Bank National Association as Trustee, dated as of November 18, 2005, as such Indenture may be amended or supplemented from time to time, relating to Amkor’s 6¼% Convertible Subordinated Notes due December 1, 2013. Copyright Security Agreement – each copyright security agreement pursuant to which an Obligor grants to the Agent, for the benefit of the Secured Parties, a Lien on such Obligor’s interests in copyrights, as security for the Obligations. Credit Facilities – with respect to Amkor or any Subsidiary, one or more debt facilities or commercial paper facilities with banks or other institutional lenders providing for revolving credit loans, term loans, notes, receivables financing (including through the sale of receivables to such lenders or to special purpose entities formed to borrow from such lenders against such receivables) or letters of credit, in each case, as amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time. CWA – the Clean Water Act (33 U.S.C. §§ 1251 et seq.).
Convertible Subordinated Notes. 101 8.7 Consolidation Merger, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 8.8 Asset Dispositions, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 8.9 Transactions with Affiliates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 8.10 Negative Pledges, Restrictive Agreements, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 8.11 Subsidiaries' Voting Share . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 8.12 ERISA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 8.13 Limitation on Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 8.14 Ownership of Operating Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 8.15 Change Fiscal Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 ARTICLE IX
