Existing Senior Subordinated Notes Sample Clauses
The 'Existing Senior Subordinated Notes' clause defines and references a specific class of debt instruments that the company has previously issued, which rank below senior debt but above other subordinated obligations in terms of repayment priority. This clause typically outlines the terms, amounts, and status of these notes, and may specify how they are treated in relation to new financing or restructuring arrangements. Its core function is to clearly identify these obligations within the agreement, ensuring all parties understand their priority and treatment, thereby reducing ambiguity and potential disputes regarding the company's debt structure.
Existing Senior Subordinated Notes. Each of Holdings, SpinCo and each other Borrower will not, and will not permit any of their respective Subsidiaries to, incur any Indebtedness that is otherwise permitted pursuant to Section 4.03(b)(xx) or 4.03(b)(xxi) of the Existing Senior Subordinated Notes Indenture except to the extent such Indebtedness is incurred under this Agreement.
Existing Senior Subordinated Notes. Company shall redeem in full all Existing Senior Subordinated Notes no later than February 24, 2010.
Existing Senior Subordinated Notes. At the time of consummation thereof, the Existing Senior Subordinated Notes Tender Offer and the Existing Senior Subordinated Notes Consent Solicitation shall have been consummated in accordance with the terms of the respective Documents therefor and all applicable laws. At the time of consummation thereof, all consents and approvals of, and filings and registrations with, and all other actions in respect of, all governmental agencies, authorities or instrumentalities required in order to make or consummate the Existing Senior Subordinated Notes Tender Offer and the Existing Senior Subordinated Notes Consent Solicitation shall have been obtained, given, filed or taken or waived and are or will be in full force and effect (or effective judicial relief with respect thereto has been obtained). All applicable waiting periods with respect thereto have or, prior to the time when required, will have, expired without, in all such cases, any action being taken by any competent authority which restrains, prevents, or imposes material adverse conditions upon the Existing Senior Subordinated Notes Tender Offer and the Existing Senior Subordinated Notes Consent Solicitation. Additionally, there shall not exist any judgment, order or injunction prohibiting or imposing material adverse conditions upon the Existing Senior Subordinated Notes Tender Offer and the Existing Senior Subordinated Notes Consent Solicitation, or the performance by the Borrower and its Subsidiaries of their obligations under the respective Documents therefor and all applicable laws.
Existing Senior Subordinated Notes. The subordination provisions contained in the Existing Senior Subordinated Notes and the other Existing Senior Subordinated Note Documents are enforceable by the Banks against the Borrower, the Subsidiary Guarantors and the holders of the Existing Senior Subordinated Notes, as the case may, and all Obligations hereunder or under the other Credit Documents are or will be within the definitions of "Senior Indebtedness," "Designated Senior Indebtedness" and "Guarantor Senior Indebtedness," as the case may be, included in such provisions of the Existing Senior Subordinated
Existing Senior Subordinated Notes. The Borrower shall prepay in full all Existing Senior Subordinated Notes on or before June 30, 2013.
Existing Senior Subordinated Notes. The Administrative Agent shall have received evidence that Borrower shall have (i) given, or substantially simultaneously shall give, irrevocable notice of redemption to the Existing Senior Subordinated Notes Trustee with respect to not less than $90 million in principal amount of Existing Senior Subordinated Notes outstanding under the Existing Senior Subordinated Indenture and (ii) deposited with the Existing Senior Subordinated Notes Trustee such amount to fund such redemption.
Existing Senior Subordinated Notes. On or prior to the Effective Date, (i) the Borrower shall have delivered to the Agent such evidence as may be required by the Agent (including, without limitation, evidence demonstrating compliance with the requirements of Section 4.12(a) of each Existing Senior Subordinated Notes Indenture to the extent that the Existing Senior Subordinated Notes Consent Solicitation is not consummated on the Effective Date) to the effect that under the terms of the Existing Senior Subordinated Notes Documents, this Agreement (and only this Agreement) constitutes the "New Bank Credit Facility" (as defined in the Existing Senior Subordinated Notes Indenture), and (ii) the Borrower shall have taken all other action as may be necessary or, in the opinion of the Agent desirable, to ensure that this Agreement is entitled to all the rights and benefits afforded the "New Bank Credit Facility" under the Existing Senior Subordinated Note Indentures (including, without limitation, by delivering to the respective trustees thereunder the notification required by the final sentence of the definition "New Bank Credit Facility" contained therein) and that the issuance of the Notes hereunder, the issuance of the New Senior Subordinated Notes and the Transaction do not conflict with, constitute a default under, or require any consent or approval pursuant to the terms of the Existing Senior Subordinated Note Documents.
Existing Senior Subordinated Notes. At least 98% of the aggregate principal amount of the Existing Senior Subordinated Notes outstanding as of the date of the tender offer for such notes shall have been tendered and, upon funding of the Term Loans hereunder and funding of the Senior Subordinated Notes, all funds necessary to redeem the tendered Existing Senior Subordinated Notes (and to pay all accrued interest thereon) shall have been deposited with the appropriate paying agent.