Senior Debt Documents the Senior Loan Documents and, after any refinancing of the Senior Debt under the Senior Loan Documents, the Refinancing Senior Debt Documents.
Senior Debt Documents. The Company has provided to or made available to Investor a true and correct copy of all of the Senior Debt Documents including all amendments and modifications thereto. Except to the extent described in Section 7.8 of the Disclosure Schedule, as of the date of this Agreement no rights or obligations of any party to any of such Senior Debt Documents have been waived, and no party to any of such Senior Debt Documents is in default of its obligations thereunder. Each of such Senior Debt Documents is in full force and effect and is a valid, binding and enforceable obligation of the parties thereto in accordance with its terms, except as (i) the enforceability thereof may be limited by bankruptcy, insolvency or similar Laws affecting creditors’ rights generally, and (ii) the availability of equitable remedies may be limited by equitable principles of general applicability.
Senior Debt Documents. Senior Lenders may at any time and from time to time without the consent of or notice to Junior Creditors, without incurring liability to Junior Creditors and without impairing or releasing the obligations of Junior Creditors under this Agreement, enter into one or more Permitted Refinancings, change the manner or place of payment or extend the time of payment of or renew or alter any of the terms of the Senior Debt, or amend or modify in any manner the Senior Debt Documents; provided, that Senior Lenders shall not amend or modify the Senior Debt Documents to:
(a) increase the principal amount of the Senior Debt (except as permitted by the definition of Senior Debt herein),
(b) increase the interest rate margins with respect to the Senior Debt by more than 300 basis points per annum, excluding the imposition of a default rate of interest in accordance with the terms of the Senior Debt Documents,
(c) extend the final maturity of the Senior Debt (as set forth in the Senior Debt Documents in effect on the date hereof) to a date after the final stated maturity date of the Junior Debt,
(d) shorten the Weighted Average Life to Maturity as of any time of measurement of any portion of the Senior Debt (as set forth in the Senior Debt Documents in effect on the date hereof) by more than six months,
(e) add any express prohibition on payment of the Junior Debt or amendments of the Junior Debt Documents that is more restrictive than those contained herein, or
(f) (i) remove, make less restrictive, waive or forbear with respect to any violation of any limitation on any assignment of Loans under the Senior Credit Agreement (or the corresponding provision of any Permitted Refinancing Senior Debt Document) to Affiliated Lenders or Debt Fund Affiliates (in each case, as defined in the Senior Credit Agreement in effect on the date hereof) or to an Obligor or any Affiliate thereof or (ii) remove, make less restrictive, waive or forbear with respect to any violation of any limitation on the right of any Affiliated Lender or Debt Fund Affiliate, as applicable, in its capacity as a Senior Lender, to consent to any amendment, modification, waiver, consent or other such action, require Senior Agent or any Senior Lender to undertake any action (or refrain from taking any action) or otherwise vote on any matter relating to any Senior Debt Document or Permitted Refinancing Senior Debt Document or in any Insolvency Proceeding.
Senior Debt Documents. Purchaser shall have received evidence to its reasonable satisfaction that, upon the purchase of the Note, Issuer and its Subsidiaries shall have entered into documents evidencing the Senior Debt in form and substance reasonably acceptable to Purchaser.
Senior Debt Documents. On or prior to the Initial Funding Date, there shall have been delivered to the Lenders true and complete copies of the Senior Debt Documents and all schedules, annexes and exhibits thereto (certified as such by an appropriate officer of the Borrower), and all of the foregoing shall be in form and substance satisfactory to the Lenders. The Credit Agreement shall, to the extent necessary, have been amended in accordance with its terms to permit the transactions contemplated hereby. Each Lender shall have received from Xxxxxxx X. Xxxxxxxx, counsel to the Borrower and its Subsidiaries, an opinion addressed to each such Lender, dated the Initial Funding Date, stating that the consummation of the Transaction does not conflict with or result in any breach of any of the terms, covenants, conditions or provisions of, constitute a default under, result in creation or imposition of, any Lien on the property or assets of the Borrower or any of its Subsidiaries pursuant to any of the Senior Debt Documents. On the Initial Funding Date, there shall have been delivered to the Lenders a certificate, dated the Initial Funding Date, signed by the Chief Financial Officer of the Borrower certifying that the incurrence of the Indebtedness hereunder does not breach any of the terms or conditions of any of the Senior Debt Documents and, in particular, certifying, and providing the detailed computations with respect thereto, that the Pro Forma Debt Coverage Ratio (as defined in the Senior Indenture) for the Issuers (as defined in the Senior Indenture) and their Restricted Subsidiaries (as defined in the Senior Indenture) would be less than 7.50 to 1.00.
Senior Debt Documents. 37 6.3. Solvency................................................................................................37 6.4. Subsidiaries and Stockholders...........................................................................37 6.5.
Senior Debt Documents. The Company has delivered to the Lender true and correct copies of the Senior Debt Documents as in effect on the date hereof. The representations and warranties of the Company contained in the Senior Debt Documents are true and correct in all material respects. There exist no material defaults with respect to the Senior Debt Documents nor any basis for the exercise by any party thereto of any rights of acceleration, cancellation, rescission, or any rights of offset.
Senior Debt Documents. The Company has delivered to Collateral Agent a complete and correct copy of the Senior Debt Documents, including all schedules and exhibits thereto. The execution, delivery and performance of each of the Senior Debt Documents has been duly authorized by all necessary action on the part of the Company. Each Senior Debt Document is the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, in each case, except (i) as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting generally the enforcement of creditors' rights and (ii) the availability of the remedy of specific performance or injunctive or other equitable relief is subject to the discretion of the court before which any proceeding therefor may be brought. The Company is not in default in the performance or compliance with any provisions thereof. All representations and warranties made by the Company in the Senior Debt Documents and in the certificates delivered in connection therewith are true and correct in all material respects.
Senior Debt Documents. Each of the Senior Debt Documents shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance reasonably satisfactory to the Agent and each of the Banks. Each Bank shall have received a fully executed copy of each such document.
Senior Debt Documents. 37 6.3 Solvency ........................................................................................ 37 6.4
