Common use of Definitions; Terms Clause in Contracts

Definitions; Terms. References to this "Agreement" shall be to this Second Amended and Restated Subordination Agreement as amended, supplemented, or otherwise modified from time to time. The term "Senior Obligations" shall mean, collectively, the due and punctual payment of (i) the principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, (ii) each payment required to be made by the Borrowers under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (x) of the Borrowers to one or more of the Secured Parties under the Credit Agreement, (y) of the Guarantors under the Guarantee Agreements, (z) of the Borrowers and of the other Credit Parties under any other Loan Documents to which the Borrowers or such other Credit Parties are or are to be parties, and (aa) of the Borrowers (or either of them) to any Lender as an Interest Rate Protection Merchant under or in respect of any Interest Rate Hedging Agreement now or hereafter in effect. The term "Subordinated Debt" shall mean any and all Indebtedness, obligations and liabilities that is or was at any time owed by any Credit Party to any other Credit Party (including all interest accrued or to accrue thereon up to the date of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party or with another Person, and whether contracted alone or jointly and/or severally with another or others.

Definitions; Terms. References to this "Agreement" shall be to this Second Amended and Restated Subordination Company Guarantee Agreement as amended, supplemented, or otherwise modified from time to time. The term "Senior Obligations" shall mean, collectively, (a) the due and punctual payment of (i) the principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, (ii) each payment required to be made by the Borrowers under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (x) of the Borrowers to one or more of the Secured Parties under the Credit Agreement, (y) of the Guarantors under the Guarantee Agreements, (z) of the Borrowers and Agreement or any of the other Credit Parties under any other Loan Documents to which the Borrowers or such other Credit Parties are or are to be parties, and (aa) of the Borrowers (or either any of them) to any Lender as an Interest Rate Protection Merchant under or in respect of any Interest Rate Hedging Agreement now or hereafter in effect. The term "Subordinated Debt" shall mean any , and (b) the due and punctual performance of all Indebtednesscovenants, agreements, obligations and liabilities of the Borrowers under or pursuant to the Credit Agreement and the other Loan Documents and under any Interest Rate Hedging Agreement. References to a "guarantor" shall include the Guarantor hereunder, each "Guarantor" as such term is defined in the Subsidiary Guarantee Agreement, and any other Person that is a guarantor of any or was at all of the Obligations, and references to a "guarantee" shall include this Agreement, the Subsidiary Guarantee Agreement and any time owed other guarantee of any or all of the Obligations by any Credit Party to any other Credit Party (including all interest accrued or to accrue thereon up to the date of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party or with another Person, and whether contracted alone or jointly and/or severally with another or others.

Definitions; Terms. References to this "“Agreement" ” shall be to this Second Amended and Restated Subordination Agreement as amended, supplemented, or otherwise modified from time to time. The term "“Senior Obligations" ” shall mean, collectively, the due and punctual payment of (i) the principal of and of, interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on on, and Yield-Maintenance Amount (if any) payable with respect to, the Loans Notes when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, and (ii) each payment required to be made by the Borrowers under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses expenses, and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (xw) of the Borrowers Issuer and the Company to one or more of the Secured Parties Noteholders under the Credit Note Purchase Agreement, (x) of the Company under the Parent Guaranty, (y) of the Subsidiary Guarantors under the Guarantee AgreementsSubsidiary Guaranty, and (z) of the Borrowers Issuer and of the other Credit Parties under any other Loan Transaction Documents to which the Borrowers Issuer or such other Credit Parties are or are to be parties, and (aa) of the Borrowers (or either of them) to any Lender as an Interest Rate Protection Merchant under or in respect of any Interest Rate Hedging Agreement now or hereafter in effect. The term "“Subordinated Debt" ” shall mean any and all Indebtedness, obligations and liabilities that is are or was were at any time owed by any Credit Party Subordinated Creditor to any other Credit Party Subordinated Creditor (including all interest accrued or to accrue thereon up to the date of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party Subordinated Creditor or with another Person, and whether contracted alone or jointly and/or severally with another or others.

Definitions; Terms. References to this "Agreement" shall be to this Second Third Amended and Restated Subordination Agreement as amended, supplemented, or otherwise modified from time to time. The term "Senior Obligations" shall mean, collectively, the due and punctual payment of (i) the principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, (ii) each payment required to be made by the Borrowers Borrower under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (x) of the Borrowers Borrower to one or more of the Secured Parties under the Credit Agreement, (y) of the Guarantors under the Guarantee Agreements, (z) of the Borrowers Borrower and of the other Credit Parties under any other Loan Documents to which the Borrowers Borrower or such other Credit Parties are or are to be parties, and (aa) of the Borrowers (or either of them) Borrower to any Lender as an Interest Rate Protection Merchant under or in respect of any Interest Rate Hedging Agreement now or hereafter in effect, and (bb) the due and punctual payment and performance of any Banking Services Obligations now existing or hereafter arising. The term "Subordinated Debt" shall mean any and all Indebtedness, obligations and liabilities that is or was at any time owed by any Credit Party to any other Credit Party (including all interest accrued or to accrue thereon up to the date of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party or with another Person, and whether contracted alone or jointly and/or severally with another or others.

Definitions; Terms. References to this "“Agreement" ” shall be to this Second Amended and Restated Subordination Agreement as amended, supplemented, or otherwise modified from time to time. The term "“Senior Obligations" ” shall mean, collectively, the due and punctual payment of (i) the principal of and of, interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on on, and Yield-Maintenance Amount (if any) payable with respect to, the Loans Notes when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, and (ii) each payment required to be made by the Borrowers under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses expenses, and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (xw) of the Borrowers Issuer and the Company to one or more of the Secured Parties Noteholders under the Credit Note Purchase Agreement, (x) of the Company under the Parent Guaranty, (y) of the Subsidiary Guarantors under the Guarantee AgreementsSubsidiary Guaranty, and (z) of the Borrowers Issuer and of the other Credit Parties under any other Loan Transaction Documents to which the Borrowers Issuer or such other Credit Parties are or are to be parties, and (aa) of the Borrowers (or either of them) to any Lender as an Interest Rate Protection Merchant under or in respect of any Interest Rate Hedging Agreement now or hereafter in effect. The term "“Subordinated Debt" ” shall mean any and all Indebtedness, obligations and liabilities that is are or was were at any time owed by any Credit Party to any other Credit Party (including all interest accrued or to accrue thereon up to the date of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party or with another Person, and whether contracted alone or jointly and/or severally with another or others.

Definitions; Terms. References to this "Agreement" shall be to this Second Third Amended and Restated Subordination Subsidiary Guarantee Agreement as amended, supplemented, or otherwise modified from time to time. The term "Senior Obligations" shall mean, collectively, (a) the due and punctual payment of (i) the principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, (ii) each payment required to be made by the Borrowers Borrower under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (x) of the Borrowers Borrower to one or more of the Secured Parties under the Credit Agreement, (y) of the Guarantors under the Guarantee Agreements, (z) of the Borrowers and Agreement or any of the other Credit Parties under any other Loan Documents to which the Borrowers or such other Credit Parties are or are to be parties, and (aa) of the Borrowers (or either of them) to any Lender as an Interest Rate Protection Merchant Borrower under or in respect of any Interest Rate Hedging Agreement now or hereafter in effect. The term "Subordinated Debt" shall mean any , (b) the due and punctual performance of all Indebtednesscovenants, agreements, obligations and liabilities of the Borrower under or pursuant to the Credit Agreement and the other Loan Documents and under any Interest Rate Hedging Agreement now or hereafter in effect, and (c) the due and punctual payment and performance of any Banking Services Obligations now existing or hereafter arising. References to a "guarantor" shall include each Guarantor hereunder, the Company, and any other Person that is a guarantor of any or was at all of the Obligations, and references to a "guarantee" shall include this Agreement, the Company Guarantee Agreement and any time owed other guarantee of any or all of the Obligations by any Credit Party other Person. Notwithstanding the foregoing, amounts received from any Guarantor that is not a Qualified ECP Guarantor shall not be applied to any other Credit Party (including all interest accrued or to accrue thereon up to the date Obligations that are Excluded Swap Obligations of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party or with another Person, and whether contracted alone or jointly and/or severally with another or othersGuarantor.

Definitions; Terms. References to this "Agreement" shall be to this Second Amended and Restated Subordination Subsidiary Guarantee Agreement as amended, supplemented, or otherwise modified from time to time. The term "Senior Obligations" shall mean, collectively, (a) the due and punctual payment of (i) the principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, (ii) each payment required to be made by the Borrowers under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (x) of the Borrowers to one or more of the Secured Parties under the Credit Agreement, (y) of the Guarantors under the Guarantee Agreements, (z) of the Borrowers and Agreement or any of the other Credit Parties under any other Loan Documents to which the Borrowers or such other Credit Parties are or are to be parties, and (aa) of the Borrowers (or either of them) to any Lender as an Interest Rate Protection Merchant under or in respect of any Interest Rate Hedging Agreement now or hereafter in effect. The term "Subordinated Debt" shall mean any , and (b) the due and punctual performance of all Indebtednesscovenants, agreements, obligations and liabilities of the Borrowers under or pursuant to the Credit Agreement and the other Loan Documents and under any Interest Rate Hedging Agreement now or hereafter in effect. References to a "guarantor" shall include each Guarantor hereunder, the Company, and any other Person that is a guarantor of any or was at all of the Obligations, and references to a "guarantee" shall include this Agreement, the Company Guarantee Agreement and any time owed other guarantee of any or all of the Obligations by any Credit Party to any other Credit Party (including all interest accrued or to accrue thereon up to the date of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party or with another Person, and whether contracted alone or jointly and/or severally with another or others.

Definitions; Terms. References to this "“Agreement" ” shall be to this Second Fourth Amended and Restated Subordination Agreement as amended, supplemented, or otherwise modified from time to time. The term "“Senior Obligations" ” shall mean, collectively, the due and punctual payment of (i) the principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, (ii) each payment required to be made by the Borrowers under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (x) of the Borrowers to one or more of the Secured Parties under the Credit Agreement, (y) of the Guarantors under the Guarantee Agreements, (z) of the Borrowers and of the other Credit Loan Parties under any other Loan Documents to which the Borrowers or such other Credit Loan Parties are or are to be parties, and (aa) of the Borrowers (or either of them) Loan Parties to any Lender as an Interest Rate IR/FX Protection Merchant under or in respect of any Interest Rate IR/FX Hedging Agreement now or hereafter in effect, and (bb) the due and punctual payment and performance of any Banking Services Obligations now existing or hereafter arising. The term "“Subordinated Debt" ” shall mean any and all Indebtedness, obligations and liabilities that is or was at any time owed by any Credit Party Subordinated Creditor to any other Credit Party Subordinated Creditor (including all interest accrued or to accrue thereon up to the date of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party Subordinated Creditor or with another Person, and whether contracted alone or jointly and/or severally with another or others.

Definitions; Terms. References to this "Agreement" shall be to this Second Third Amended and Restated Subordination Company Guarantee Agreement as amended, supplemented, or otherwise modified from time to time. The term "Senior Obligations" shall mean, collectively, (a) the due and punctual payment of (i) the principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans when and as due, whether at maturity, by acceleration, upon one or more dates on which repayment or prepayment is required, or otherwise, (ii) each payment required to be made by the Borrowers Borrower under the Credit Agreement in respect of a Letter of Credit when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral and (iii) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (x) of the Borrowers Borrower to one or more of the Secured Parties under the Credit Agreement, (y) of the Guarantors under the Guarantee Agreements, (z) of the Borrowers and Agreement or any of the other Credit Parties under any other Loan Documents to which the Borrowers or such other Credit Parties are or are to be parties, and (aa) of the Borrowers (or either of them) to any Lender as an Interest Rate Protection Merchant Borrower under or in respect of any Interest Rate Hedging Agreement now or hereafter in effect. The term "Subordinated Debt" shall mean any , (b) the due and punctual performance of all Indebtednesscovenants, agreements, obligations and liabilities of the Borrower under or pursuant to the Credit Agreement and the other Loan Documents and under any Interest Rate Hedging Agreement, and (c) the due and punctual payment and performance of any Banking Services Obligations now existing or hereafter arising. References to a "guarantor" shall include the Guarantor hereunder, each "Guarantor" as such term is defined in the Subsidiary Guarantee Agreement, and any other Person that is a guarantor of any or was at all of the Obligations, and references to a "guarantee" shall include this Agreement, the Subsidiary Guarantee Agreement and any time owed other guarantee of any or all of the Obligations by any Credit Party to any other Credit Party (including all interest accrued or to accrue thereon up to the date of such full payment thereof) of every kind and nature whatsoever, whether represented by negotiable instruments or other writings, whether direct or indirect, absolute or contingent, due or not due, secured or unsecured, original, renewed, modified or extended, now in existence or hereafter incurred, originally contracted with the Credit Party or with another Person, and whether contracted alone or jointly and/or severally with another or others.