Issuance of Subordinated Debt. In the event the Borrower intends to issue Subordinated Debt as contemplated by Section 9.02(e), 10 days prior written notice of such intended offering therefor, the amount thereof and the anticipated date of closing and will furnish a copy of the preliminary offering memorandum (if any) and the final offering memorandum (if any).
Issuance of Subordinated Debt. Status of Obligations as Senior Indebtedness, etc. Mergerco has the corporate power and authority to incur the Unsecured Transaction Debt and has duly authorized, executed and delivered the Other Debt Documents applicable to such Unsecured Transaction Debt. The subordination provisions contained in the Other Debt Documents applicable to the Unsecured Transaction Debt that is subordinated are enforceable against the holders of the applicable Unsecured Transaction Debt by the holder of any "Senior Indebtedness" or similar term referring to the Obligations (as defined in the applicable Other Debt Documents). All Obligations, including those to pay principal of and interest (including interest accruing subsequent to the filing of, or which would have accrued but for the filing of, a petition for bankruptcy, reorganization or similar proceeding, whether or not allowed as a claim under such proceeding) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute "Senior Indebtedness" or similar term relating to the Obligations (as defined in the applicable Other Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by such Other Debt Documents. The Borrower acknowledges that each Agent, each Lender and each Issuer is entering into this Agreement and is extending its Commitments in reliance upon the subordination provisions of the Other Debt Documents relating to the Unsecured Transaction Debt.
Issuance of Subordinated Debt. On the date of receipt by NCH or any of its Restricted Subsidiaries of any cash proceeds (net of any underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses) from incurrence of any Subordinated Debt of NCI or NCH, in excess of $300,000,000 in the aggregate from the Restatement Effective Date through the applicable date of determination (the amount of such net proceeds exceeding $300,000,000 received during any such period are herein called the "Excess Debt Proceeds Amount"), pay to the Administrative Agent as a prepayment of the Term Loans and/or the Revolving Credit Commitments shall be permanently reduced as set forth in Section 2.8(f), an aggregate amount equal to all of the Excess Debt Proceeds Amount.
Issuance of Subordinated Debt. The Company shall not create, issue, assume, guarantee or in any manner become liable after the date of this Agreement in respect of any Subordinated Debt having a maturity earlier than January 1, 2006, or the benefit of any mandatory sinking fund or similar provision for the prepayment thereof prior to January 1, 2006.
Issuance of Subordinated Debt. On or before the Closing Date, Company shall have issued and sold the Subordinated Notes in an aggregate principal amount of not less than $100,000,000 and Company shall have delivered to Arranging Agents complete, correct and conformed copies of the Subordinated Notes and the Subordinated Note Documents, all in form and substance satisfactory to Arranging Agents. In addition, all opinions by counsel to Company or any of its Subsidiaries (and, if requested by Co-Administrative Agents, any certificates and letters) delivered in connection with the Subordinated Notes, Subordinated Note Documents and the Acquisition shall be addressed to Agents and Lenders or accompanied by a written authorization from each Person delivering such an opinion stating that Agents and Lenders may rely on such opinion as though it were addressed to them.
Issuance of Subordinated Debt. Section 7.2(g) of the Credit Agreement is revised by substituting the amount of $300,000,000 for $150,000,000 therein with respect to the issuance by LifePoint Parent of Subordinated Debt in a public offering.
Issuance of Subordinated Debt. The Company shall not create, issue, assume, guarantee or in any manner become liable after the date of this Agreement in respect of any Subordinated Debt having a maturity earlier than January 1, 2011, or the benefit of any mandatory sinking fund or similar provision for the prepayment thereof prior to January 1, 2011.
Issuance of Subordinated Debt. In the event the Borrower or the Guarantor intends to issue any Subordinated Debt, prior written notice of such intended offering, the amount thereof and the anticipated date of closing, a copy of the preliminary offering memorandum (if any) and the final offering memorandum.
