Prepayment of Subordinated Debt Sample Clauses

Prepayment of Subordinated Debt. Make any prepayment (whether optional or mandatory), repurchase, redemption, defeasance or any other payment in respect of any Subordinated Debt, provided, however, that the applicable Credit Party may make certain payments in respect of Subordinated Debt to the extent permitted by the applicable Subordination Agreement.
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Prepayment of Subordinated Debt. The Loan Parties will not, and shall not permit any of their Subsidiaries (other than Excluded Subsidiaries) to, voluntarily prepay any Indebtedness that is subordinated in right of payment to the Obligations except in accordance with the subordination provisions governing such Indebtedness or pursuant to any refinancing or replacement of such Indebtedness permitted hereby.
Prepayment of Subordinated Debt. If at any time any of the Borrowers are required to make any prepayments of the Senior Subordinated Notes or the Subordinated Debt Offering as a result of any sale or other disposition of assets otherwise permitted hereunder, the Borrowers shall, one (1) Business Day prior to making such prepayment, prepay the Term Loan in an amount at least equal to such prepayment.
Prepayment of Subordinated Debt. None of the Borrowers shall, nor shall they permit any of their respective Subsidiaries to, prepay, redeem, purchase, defease or otherwise satisfy (“prepay”) prior to the scheduled maturity thereof in any manner, or make any payment in contravention of any subordination terms of, any Subordinated Debt; provided, that, notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing at the time of any such prepayment, the Company may prepay Subordinated Debt (i) in connection with a Permitted Refinancing of such Subordinated Debt pursuant to Section 8.1(p) (Indebtedness), (ii) out of the Net Cash Proceeds of an Excluded Issuance within 365 days of the consummation of such Excluded Issuance and (iii) in an amount not to exceed (measured at the time of any prepayment pursuant to this clause (iii)) the Available Basket Amount; pro- vided, that in the case of this clause (iii) after giving effect to such prepayment, (x) the sum of the Dollar Equivalent amount of (A) the unused portion of the Revolving Credit Commitments plus (B) the aggregate unrestricted cash balance (including Cash Equivalents) of the Company and its Subsidiaries at such time is not less than $50,000,000 and (y) the Borrowers would be in pro forma compliance with each of the financial covenants contained in Article V (Financial Covenants) as of the last day of the most recent Fiscal Quarter or Fiscal Year for which a Compliance Certificate has been delivered pursuant to clause (c) of Section 6.1 (Financial Statements).” (f) Section 10.8(b)(iv) of the Credit Agreement is amended by adding the following immediately after the last parenthetical contained therein: “and the Stock or Stock Equivalents of any Person upon the winding up or dissolution of such Person pursuant to a transaction that does not otherwise violate any prohibition contained in the Credit Agreement”.
Prepayment of Subordinated Debt. Prepay, in whole or in part (or upon the occurrence and continuation of a Default, repay), the principal amount of any of its Subordinated Debt.
Prepayment of Subordinated Debt. The Company covenants that ------------------------------- it will not pay, prepay or purchase, redeem or otherwise acquire any or all of the indebtedness of the Company which is by its terms made subordinate or junior in right of payment to the Securities or other indebtedness of the Company (the "Subordinated Debt"), except: (1) a regularly scheduled payment thereof; (2) any mandatory prepayment required under the terms of the subordination agreement related to such Subordinated Debt; and (3) any other payment or prepayment or any purchase, redemption or other acquisition of such Subordinated Debt if, after giving effect to such other payment or prepayment or such purchase, redemption or other acquisition (a) the principal amount of all outstanding Subordinated Debt is equal to or greater than Two Hundred Million Dollars ($200,000,000), and (b) there are no Defaults or Events of Default under this Indenture.
Prepayment of Subordinated Debt. Voluntarily prepay, purchase, redeem or defease any Subordinated Debt except for regularly scheduled interest payments required by the documents and instruments evidencing the Subordinated Debt and in accordance with, and only to the extent permitted by the subordination provisions of the documents and instruments evidencing Subordinated Debt or any applicable Subordination Agreement.
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Prepayment of Subordinated Debt. No Group Member shall (x) prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof any Subordinated Debt, (y) set apart any property for such purpose, whether directly or indirectly and whether to a sinking fund, a similar fund or otherwise, or (z) make any payment in violation of any subordination terms of any Subordinated Debt; provided, however, that each Group Member may, to the extent otherwise permitted by the Loan Documents, do each of the following: (a) consummate a Permitted Refinancing; (b) prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof (or set apart any property for such purpose) (A) in the case of any Group Member that is not a Loan Party, any Indebtedness owing by such Group Member to any other Group Member (other than Holdings) and (B) otherwise, any Indebtedness owing to any Loan Party (other than Holdings); and (c) make regularly scheduled or otherwise required repayments or redemptions of Subordinated Debt to the extent permitted by the subordination provisions thereof.
Prepayment of Subordinated Debt. The Borrowers will not, and will not permit any of their Subsidiaries to, (a) amend, supplement or otherwise modify the terms of any of the Subordinated Debt (including, without limitation, the Subordinated Debt evidenced by the 4.75% Convertible Subordinated Notes and the Subordinated Debentures issued pursuant to the terms of the Investment Agreement) to increase the principal amount of the Indebtedness evidenced thereby or the rate of interest applicable to such Indebtedness, or to alter the schedule of payments of principal or interest with respect to such Indebtedness, or to alter the maturity date thereof, or (b) prepay, redeem, or repurchase any of the principal of, or interest on, such Subordinated Debt; PROVIDED that so long as no Default or Event of Default exists or would result therefrom, the Borrowers may prepay such Subordinated Debt from the proceeds of the issuance of additional shares of capital stock or other equity securities.
Prepayment of Subordinated Debt. (a) Amend or modify, or permit or acquiesce to the amendment or modification (including waivers) of, any provisions of any Subordinated Debt in a manner materially adverse to the interests of the Lenders or in any manner that is prohibited by the terms of the applicable subordination agreement or intercreditor agreement applicable to such Subordinated Debt, including any notes or instruments evidencing any Subordinated Debt or other governing instrument relating thereto; and (b) make any payment in contravention of the terms of the Subordinated Debt.
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