Common use of Limitation on Additional Junior Indebtedness Clause in Contracts

Limitation on Additional Junior Indebtedness. The Company shall not, and it shall not cause or permit any Subsidiary of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; provided, however, that neither the Company nor any of its Subsidiaries shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.10(b) unless the quotient of "X" divided by "Y" is less than 0.60 upon incurring, issuing or otherwise becoming obligated on any Additional Junior Indebtedness, where "X" and "Y" are calculated as described in Section 5.10(c) and 5.10(d), respectively.

Appears in 2 contracts

Samples: Indenture (Stifel Financial Corp), Indenture (Stifel Financial Corp)

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Limitation on Additional Junior Indebtedness. The Company -------------------------------------------- shall not, and it shall not cause or permit any Subsidiary of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; provided, however, that neither the Company nor any of its Subsidiaries shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.10(b) unless the quotient of "X" divided by "Y" is less than 0.60 upon incurring, issuing or otherwise becoming obligated on any Additional Junior Indebtedness0.60, where "X" and "Y" are calculated as described in Section 5.10(c) and 5.10(d), respectively. (c) As used in Section 5.10(b), "X" means the sum of the following:

Appears in 2 contracts

Samples: Indenture (Abc Bancorp Capital Trust I), Indenture (Abc Bancorp Capital Trust I)

Limitation on Additional Junior Indebtedness. The Company shall not, and it shall not cause or permit any Subsidiary Affiliate of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu PARI PASSU and rank equally in all respects with the Debentures; providedPROVIDED, howeverHOWEVER, that neither the Company nor any of its Subsidiaries Affiliates shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.10(b) unless the quotient of "X" divided by "Y" is less than 0.60 upon incurring, issuing or otherwise becoming obligated on any Additional Junior Indebtedness0.60, where "X" and "Y" are calculated as described in Section 5.10(c) and 5.10(d), respectively. (c) As used in Section 5.10(b), "X" means the sum of the following:

Appears in 2 contracts

Samples: Indenture (Local Financial Corp /Nv), Indenture (Local Financial Capital Trust I)

Limitation on Additional Junior Indebtedness. The Anything in the Indenture to the contrary notwithstanding, the Company shall not, and it shall not cause or permit any Subsidiary Affiliate of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu PARI PASSU and rank equally in all respects with the Debentures; providedPROVIDED, howeverHOWEVER, that neither the Company nor any of its Subsidiaries Affiliates shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.10(b5.2(b) unless the quotient of "X" divided by "Y" is less than 0.60 upon incurring, issuing or otherwise becoming obligated on any Additional Junior Indebtedness0.60, where "X" and "Y" are calculated as described in Section 5.10(c5.2(c) and 5.10(d5.2(d), respectively. (c) As used in Section 5.2(b), "X" means the sum of the following:

Appears in 1 contract

Samples: First Supplemental Indenture (First Merchants Capital Trust I)

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Limitation on Additional Junior Indebtedness. The Company shall not, and it shall not cause or permit any Subsidiary of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; provided, however, that neither the Company nor any of its Subsidiaries shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.10(b) unless the quotient of "X" divided by "Y" is less than 0.60 upon incurring, issuing or otherwise becoming obligated on any Additional Junior Indebtedness0.60, where "X" and "Y" are calculated as described in Section 5.10(c) and 5.10(d), respectively. (c) As used in Section 5.10(b), "X" means the sum of the following:

Appears in 1 contract

Samples: Indenture (S Y Bancorp Capital Trust I)

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