Senior Debt Defined. The term "Senior Debt" shall mean (i) all ------------------- Indebtedness of the Company for money borrowed from banks or other institutional lenders, including any extension or renewals thereof, whether outstanding on the date hereof or thereafter created or incurred, which is not by its terms subordinate and junior to or on a parity with the Notes and which is permitted hereby at the time it is created or incurred, and (ii) all guaranties by the Company which are not by their terms subordinate and junior to or on a parity with the Notes and which are permitted hereby at the time they are made, of Indebtedness of any Subsidiary if such Indebtedness would have been Senior Debt pursuant to the provisions of clause (i) of this sentence had it been Indebtedness of the Company. In making any loans which are (or the guaranties of which are) intended to be Senior Debt, the lenders or purchasers shall be entitled to rely as to the fact that such Indebtedness or guaranty is permitted hereby upon a certificate by the Company's chief financial officer purporting to show such Indebtedness or guaranty will not result in the Company's failure to comply with the provisions of Article IV hereof as of the date of the loan or guarantee.
Senior Debt Defined. As used herein, the term "Senior Debt" shall mean the following whether now outstanding or subsequently incurred, assumed or created: (a) all indebtedness (whether or not secured) of the Company or its subsidiaries to banks, insurance companies or other financial institutions regularly engaged in the business of lending money, including without limitation, the indebtedness now or hereafter owing to (i) IBJ Whitehall Retail Finance and each of the other Lenders, as set forth and defined in a certain Loan Agreement dated September 11, 2000 entered into with the Company, and (ii) Hilco Capital, LP; (b) such other indebtedness of the Company or its subsidiaries to the extent that the instrument creating or evidencing such indebtedness provides that it shall constitute Senior Debt; (c) any indebtedness issued in exchange for such Senior Debt, or any indebtedness arising from the satisfaction of such Senior Debt by a guarantor; and (d) any deferrals, renewals, or extensions of any such Senior Debt.
Senior Debt Defined. As used herein, the term "Senior Debt" ------------------- shall mean the following whether now outstanding or subsequently incurred, assumed or created: (a) all indebtedness (whether or not secured) of the Company or its subsidiaries to banks, insurance companies or other financial institutions regularly engaged in the business of lending money; (b) such other indebtedness of the Company or its subsidiaries to the extent that the instrument creating or evidencing such indebtedness provides that it shall constitute Senior Debt; (c) any indebtedness issued in exchange for such Senior Debt, or any indebtedness arising from the satisfaction of such Senior Debt by a guarantor; and (d) any deferrals, renewals, or extensions of any such Senior Debt.
Senior Debt Defined. The term "Senior Debt" shall mean -------------------- (i) all Indebtedness of the Company (which is not convertible into equity securities of the Company and is not issued in conjunction with equity securities of the Company or options or warrants to purchase equity securities of the Company) for money borrowed, including any extension or renewals thereof, whether outstanding on the date hereof or thereafter created or incurred, which is not by its terms subordinate and junior to or on a parity with the Notes, and (ii) all other indebtedness to which the obligations of the Notes shall be expressly subordinated by the holders of the Notes in writing, citing this Section 1.06.
Senior Debt Defined. 7 1.11. Representations by the Purchaser......................... 8 1.12. Disclosure of Information by the Purchaser............... 8 ARTICLE II.............................................................. 8
Senior Debt Defined. The term "Senior Debt" shall mean all indebtedness of the Company for money borrowed from banks or other institutional lenders, including any extension or renewals thereof, whether outstanding on the date hereof or thereafter created or incurred, which is not by its terms subordinate and junior to or on a parity with this Note.
Senior Debt Defined. The term "Senior Debt" shall mean all Indebtedness of the Company for money borrowed from banks or other institutional lenders, including any extension or renewals thereof, whether outstanding on the date hereof or thereafter created or incurred, which is not by its terms subordinate and junior to or on a parity with the Note and which is permitted hereby at the time it is created or incurred, including Sirrom Capital and Odyssey Investment Partners L.P.
Senior Debt Defined. As used herein, the term "Senior Debt" ------------------- shall mean the following whether now outstanding or subsequently incurred, assumed or created: (a) all indebtedness (whether or not secured) of the Company or its subsidiaries to banks, insurance companies or other financial institutions regularly engaged in the business of lending money; (b) such other indebtedness of the Company or its subsidiaries issued prior to the date of this Debenture, to the extent that the instrument creating or evidencing such indebtedness provides that it shall constitute Senior Debt; (c) any indebtedness issued in exchange for such Senior Debt, or any indebtedness arising from the satisfaction of such Senior Debt by a guarantor; and (d) any deferrals, renewals, or extensions of any such Senior Debt. Senior Debt shall not include any of the Company's debentures, whether Series A, B, C, D or otherwise.
Senior Debt Defined. The term "Senior Debt" shall mean (i) the principal of, interest on and other amounts payable under the Company's 11.52% Senior Notes due June 30, 1998 in the aggregate principal amount of $55,000,000, issued to the Prudential Insurance Company of America and Pruco Life Insurance Company, Life Insurance Company of Georgia, Southland Life Insurance Company, Wisconsin National life Insurance Company, Associated Doctors Health and Life Insurance Company and The Ohio National Life Insurance Company, or any notes issued in substitution or exchange therefor, or the Note Agreement dated as of June 21, 1991, as amended, pursuant to which such notes are issued; (ii) the principal of, interest on and other amounts payable under the Senior Revolving Credit Agreement, dated as of June 21, 1991, as amended, between the Company and Barclays Bank PLC, providing for revolving credit loans in an aggregate principal amount not in excess of $15,000,000; (iii) the principal of, interest on and other amounts payable under the Senior Revolving Credit Agreement, dated as of June 21, 1991, as amended, between the Company and First Bank National Association, providing for revolving credit loans in an aggregate principal amount not in excess of $5,000,000; and (iv) any indebtedness incurred by the Company in connection with the extension, renewal, refunding or replacement of any indebtedness described in subsections (i) through (iii) above, whether or not the principal amount of the Senior Debt is thereby increased. * * * * * * *
Senior Debt Defined. The term "Senior Debt" shall mean (i) all indebtedness of the Company for money borrowed from banks, including any extension or renewals thereof, whether outstanding on the date hereof or thereafter created or incurred, which is not by its terms subordinate and junior to or on a parity with the Notes and which is permitted hereby at the time it is created or incurred, and (ii) all guaranties by the Company which are not by their terms subordinate and junior to or on a parity with the Notes and which are permitted hereby at the time they are made, of indebtedness of any subsidiary of the Company if such indebtedness would have been Senior Debt pursuant to the provisions of clause (i) of this sentence had it been indebtedness of the Company.
