Existing Indenture. Except as otherwise amended or modified herein or hereby, the provisions of the Indenture are hereby reaffirmed and shall remain in full force and effect.
Existing Indenture. The outstanding principal amount of the notes issued pursuant to the Existing Indenture does not exceed $10,000,000.
Existing Indenture. “Other long-term debt” in an amount not to exceed $19.6 million, as set forth in the Borrower’s financial statements Indebtedness of the Subsidiaries:
Existing Indenture. No Event of Default (as defined in the Existing Indenture) or Default (as defined in the Existing Indenture) exists, nor will any such Event of Default or Default exist immediately after any Credit Extension, under the Existing Indenture, the Existing Senior Subordinated Notes or any agreement executed by the Company or any other Domestic Loan Party in connection therewith; and (b) all of the Secured Obligations constitute both Senior Debt (as defined in the Existing Indenture) and Designated Senior Debt (as defined in the Existing Indenture).
Existing Indenture. The indenture governing the Existing First Lien Notes shall have been discharged.
Existing Indenture. The Representative shall have received evidence reasonably satisfactory to it that, substantially simultaneously with the purchase of the Securities by the Initial Purchasers, the Company shall have deposited or caused to be deposited with the trustee under the Existing Indenture an amount in immediately available funds sufficient to (i) pay in full all outstanding Existing 11.00% Notes, and all accrued and unpaid interest, premiums, fees and other amounts owing thereunder and (ii) effect the satisfaction and discharge of all obligations of the Company and the Guarantors existing under the Existing Indenture and the release of all liens securing such obligations.
Existing Indenture. The parties hereto acknowledge and agree that for the purposes of the Indenture, dated as of November 18, 2004, among CMI, as issuer, the guarantors party thereto and The Bank of New York, as Trustee (the “Existing Indenture”), the Notes and the Indebtedness under this Agreement are intended to be a refinancing and replacement by a group of lenders of a portion of the CMI Credit Facility (as defined in the Existing Indenture) and will provide a portion of the liquidity for the company’s operations as previously provided by the CMI Credit Facility.
Existing Indenture. The Borrower shall have delivered to the Administrative Agent all documents or instruments necessary to release all Liens securing Existing Secured Notes.
Existing Indenture. Capitalized terms used in this Section 6.18 that are not defined in this Agreement have the meanings assigned to them in the Existing Indenture.
(a) Seller shall cause the Company to provide notice to the Trustee of the Company’s election to redeem the Notes pursuant to Section 3.07 of the Existing Indenture on or prior to the Closing Date, in form and substance required by Section 3.01 of the Existing Indenture, and in connection therewith Seller shall cause the Company to request that the Trustee provide a notice of redemption to each Holder of Notes at least 30 days, but not more than 60 days, before the notes redemption date set forth therein (such date, the “Notes Redemption Date”), in form and substance required by Section 3.03 of the Existing Indenture. Such notice may condition such redemption election upon the precedent occurrence of the Closing, as permitted pursuant to Section 3.07(f) of the Existing Indenture.
(b) At the Closing, and in any event prior to 10:00 a.m. Eastern Time on the Closing Date, Purchaser shall, on the Company’s behalf, deposit with the Trustee or Paying Agent cash in the amount required pursuant to Section 3.05 of the Existing Indenture (which amount, for the avoidance of doubt, shall take into account the redemption prices set forth in Section 3.06(e) of the Existing Indenture, shall include interest accrued through the Notes Redemption Date, and shall be included in the calculation of Closing Indebtedness).
Existing Indenture. All conditions precedent under the Existing Indenture to the authentication of the 2011 CoBank Note as an “Additional Obligation” (as defined in the Existing Indenture) by the Indenture Trustee in accordance with the terms of the Existing Indenture shall have been satisfied, the 2011 CoBank Note shall have been so authenticated and CoBank shall have received copies of all certificates, opinions and documents delivered to or by the Indenture Trustee in connection therewith, certified as true and complete copies by an officer of the Company (which, if other than the General Manager or an Executive Manager of the Company, must be acceptable to CoBank).
