Repayment of Senior Subordinated Notes Sample Clauses

Repayment of Senior Subordinated Notes. The Company covenants and agrees to repay to Agent, for the ratable benefit of Purchasers, the unpaid principal balance of the Senior Subordinated Notes in full, together with all accrued and unpaid interest, fees and other amounts due hereunder on July 1, 2011.”
Sample 1
AutoNDA by SimpleDocs
Repayment of Senior Subordinated Notes. Contemporaneously with the application of the proceeds of the Loans to be made on the Effective Date, sufficient funds shall have been irrevocably deposited with the trustee in respect of the outstanding Senior Subordinated Notes to fund the redemption thereof in full, together with the payment of all accrued interest thereon, and there shall be no Indebtedness of Holdings, the Borrower or the Restricted Subsidiaries outstanding after consummation of the Effective Date transactions other than Indebtedness permitted under Section 7.2.2.
Sample 1
Repayment of Senior Subordinated Notes. The Administrative Agent shall have received evidence that all Indebtedness and other obligations of the Credit Parties and their Subsidiaries under the Senior Subordinated Notes have been, or concurrently with the Tranche B Term Loan Funding Date are being terminated and are being paid or satisfied in full (it being understood that the irrevocable deposit of money sufficient to pay the redemption price of and accrued interest on all Senior Subordinated Notes with the trustee or with the paying agent on the Tranche B Term Loan Funding Date shall be sufficient evidence for this clause (c)).
Sample 1
Repayment of Senior Subordinated Notes. In connection with the Merger, CHH shall cause its 6-1/4% senior subordinated notes due 2000 to be paid in full through an equity infusion by Federated, and not through the incurrence of debt." 2.6
Sample 1
Repayment of Senior Subordinated Notes. 64 ------------ -------------------------------------------------------------------------------- Section 9.05 Investments, Loans and Advances..................................................... 65 ------------ ------------------------------- Section 9.06 Designation and Conversion of Restricted and Unrestricted Subsidiaries; ------------ ----------------------------------------------------------------------- Debt of Unrestricted Subsidiaries ....................................................................... 66 ---------------------------------
Sample 1
Repayment of Senior Subordinated Notes. Amendment of Senior ------------------------------------------------------------ Subordinated Indenture. The Borrower will not, and will not permit any ---------------------- Restricted Subsidiary to, prior to the Termination Date: (i) make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the Senior Subordinated Notes or the Permitted Refinancing Debt (if any); provided that the Company may prepay the Senior Subordinated Notes with the proceeds of any Permitted Refinancing Debt or with the net cash proceeds of any sale of capital stock (other than Disqualified Capital Stock) of the Borrower, (ii) amend, modify, waive or otherwise change, consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Senior Subordinated Notes, the Permitted Refinancing Debt (if any) or any Senior Subordinated Indenture if (A) the effect thereof would be to shorten the maturity or increase the amount of any payment of principal thereof or increase the rate or shorten any period for payment of interest thereon or (B) such action requires the payment of a consent fee in excess of 50 basis points on the stated principal amount of the Senior Subordinated Notes (provided that if a Default is continuing or a Borrowing Base deficiency then exists, then no consent fee shall be payable), provided that the foregoing shall not prohibit the execution of supplemental indentures associated with the incurrence of additional Senior Subordinated Notes to the extent permitted by Section 9.02(h), the execution of other indentures or agreements in connection with the issuance of Permitted Refinancing Debt or the execution of supplemental indentures to add guarantors if
Sample 1
Repayment of Senior Subordinated Notes. On the Closing Date, the Borrowers shall (i) deliver an irrevocable notice of redemption for all of the Borrowers’ outstanding Senior Subordinated Notes to the Trustee and (ii) discharge the Senior Subordinated Notes Indenture pursuant to Section 8.01 thereof. In connection with the discharge of the Senior Subordinated Notes Indenture, on the Closing Date, upon receipt by the Borrowers of the Net Cash Proceeds of the Credit Extensions, the Borrowers shall deposit an amount required under the Senior Subordinated Notes Indenture into an account maintained by the Trustee (the “Senior Subordinated Notes Account”) and the Borrowers shall have delivered irrevocable instructions to the Trustee to apply the deposited money toward the payment of the Senior Subordinated Notes on the redemption date in accordance with Section 8.01 of the Senior Subordinated Notes Indenture. Without limiting the generality of the provisions of Section 9.03, for purposes of determining compliance with the conditions specified in this Section 4.01, each Lender that has signed this Agreement shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender unless the Administrative Agent shall have received notice from such Lender prior to the proposed Closing Date specifying its objection thereto.
Sample 1
AutoNDA by SimpleDocs

Related to Repayment of Senior Subordinated Notes

  • Senior Subordinated Notes The subordination provisions contained in the Senior Subordinated Notes and in the other Senior Subordinated Note Documents are enforceable against the Borrower and the holders of the Senior Subordinated Notes, and all Obligations are within the definition of "Senior Debt" included in such subordination provisions.

  • Repayment of Notes Each of the parties hereto agrees that all repayments of the Notes (including any accrued interest thereon) by the Company (other than by conversion of the Notes) will be paid pro rata to the holders thereof based upon the principal amount then outstanding to each of such holders.

  • No Senior Subordinated Debt The Company will not incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to any Senior Debt of the Company and senior in any respect in right of payment to the Notes. No Guarantor will incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is subordinate or junior in right of payment to the Senior Debt of such Guarantor and senior in any respect in right of payment to such Guarantor's Note Guarantee.

  • Notes Subordinated to Senior Debt The Company covenants and agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Ten; and each Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on or in respect of Senior Debt; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Debt, and that each holder of Senior Debt whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Debt in reliance upon the covenants and provisions contained in this Indenture and the Notes.

  • Notes Subordinated to Senior Indebtedness The Company covenants and agrees and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Ten; and the Trustee and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on the Senior Indebtedness; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.

  • Limitation on Senior Subordinated Indebtedness The Company will not Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary Guarantee.

  • Notes Subordinate to Senior Indebtedness The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior Indebtedness. This Article 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

  • Prior Payment to Senior Indebtedness Upon Acceleration of Securities In the event that any Securities are declared due and payable before their Stated Maturity, then and in such event the holders of Senior Indebtedness outstanding at the time such Securities so become due and payable shall be entitled to receive payment in full of all amounts due or to become due on or in respect of such Senior Indebtedness, or provision shall be made for such payment in money or money’s worth, before the Holders of the Securities are entitled to receive any payment by the Company on account of the principal of (or premium, if any) or interest on the Securities or on account of the purchase or other acquisition of Securities; provided, however, that nothing in this Section shall prevent the satisfaction of any sinking fund payment in accordance with Article XII by delivering and crediting pursuant to Section 12.02 Securities which have been acquired (upon redemption or otherwise) prior to such default or which have been converted pursuant to Article XIV. In the event that, notwithstanding the foregoing, the Company shall make any payment to the Trustee or the Holder of any Security prohibited by the foregoing provisions of this Section, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be paid over and delivered forthwith to the Company. The provisions of this Section shall not apply to any payment with respect to which Section 15.02 would be applicable.

  • Securities Subordinated to Senior Indebtedness The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

  • Securities Subordinated to Senior Debt (1) The Partnership, for itself, its successors and assigns, covenants and agrees, and each Holder of Securities, by his acceptance thereof, likewise covenants and agrees, that the payment of the principal of (and premium, if any), and interest on each and all of the Securities is hereby expressly subordinated, to the extent and in the manner hereinafter set forth, in right of payment to the prior payment in full of all Senior Debt of the Partnership.

Time is Money Join Law Insider Premium to draft better contracts faster.