Senior Notes Indenture. The Borrower has delivered to the Administrative Agent a complete and correct copy of the Senior Notes Indenture, including any amendments, supplements or modifications with respect thereto.
Senior Notes Indenture. The Obligations incurred in connection with the Loan Documents, after giving effect to the transactions and extensions of credit contemplated hereby, including the TexCal Acquisition, (a) constitute “Senior Debt”, as defined in the Senior Notes Indenture and (b) constitutes Indebtedness (as defined in the Senior Notes Indenture) that is permitted to be incurred under the Indenture pursuant to Section 3.3(a) of the Senior Notes Indenture. The Senior Notes and the Senior Note Subsidiary Guarantees are secured by the Liens granted under the Security Documents on an “equal and ratable” basis with the Liens securing the Obligations.
Senior Notes Indenture the Indenture, dated as of April 16, 1998, executed by Coltec in favor of Bankers Trust Company, as trustee, in connection with the issuance of the Senior Notes. Senior Officer — the chairman of the board of directors, the president, the chief financial officer, vice president or treasurer of, or in-house legal counsel to, an Obligor. Senior Financial Officer — the chief financial officer, treasurer or controller of Parent. Settlement Date — as defined in Section 4.1.3(i).
Senior Notes Indenture. Without limitation of any of the terms of Section 9.1.2, the incurrence of the Agent’s Liens does not and will not result in a breach of or constitute a default under the Senior Notes Indenture or any other indenture or loan or credit agreement or any other material agreement, lease or instrument to which any Obligor or any of its Subsidiaries is a party or by which it or its Properties may be bound or affected. As of the date hereof, there is no outstanding Exempted Debt other than (i) Obligations that constitute Exempted Debt and (ii) Debt in the aggregate principal amount of $1,000,000 described in Item 1 of Schedule 10.2.5.
Senior Notes Indenture. The incurrence of such Loan or other extension of credit would not cause the aggregate amount of outstanding Exempted Debt to exceed the limit thereon set forth in Section 4.2(b) of the Senior Notes Indenture, to the extent then applicable.
Senior Notes Indenture. The Obligations incurred in connection with the Loan Documents, after giving effect to the transactions and extensions of credit contemplated hereby, (a) constitute “Senior Debt”, as defined in the Senior Notes Indenture, (b) constitute “Permitted Debt”, under and as defined in Section 3.3(b) of the Senior Notes Indenture and (c) are secured by Liens created by the Loan Documents that are “Permitted Liens” under and as defined in clause (1) of the definition thereof.
Senior Notes Indenture the Indenture dated July 15, 2014, among Borrower and Finance Co, as Issuers under and as defined therein, the MLP Entity, the subsidiary guarantors party thereto and U.S. Bank National Association, as Trustee under and as defined therein (the “2022 Senior Notes Trustee”), as amended by the First Supplemental Indenture dated July 15, 2014 and as further amended, supplemented or otherwise modified prior to the date hereof.
Senior Notes Indenture and the documentation executed in connection therewith or related thereto, the “6.25% Senior Notes Documents”) among Xxxxxxx Parent, U.S. Bank National Association, as trustee (in such capacity, the “6.25% Senior Notes Trustee”), and each of the Guarantors, and/or (B) the 4.50% Convertible Notes due 2023 issued by Xxxxxxx Parent (the “Convertible Notes” and, together with the 6.25% Senior Notes, the “Unsecured Notes”) pursuant to that certain Sixth Supplemental Indenture, dated as of December 18, 2017 (the “Convertible Notes Indenture” and the documentation executed in connection therewith or related thereto, the “Convertible Notes Documents”) among Xxxxxxx Parent, U.S. Bank National Association, as trustee (in such capacity, the “Convertible Notes Trustee”), and each of the Guarantors.
Senior Notes Indenture. First Senior Notes Supplemental Indenture, Second Senior Notes Supplemental Indenture and Third Senior Notes Supplemental Indenture Construed Together. This Third Senior Notes Supplemental Indenture is an indenture supplemental to and in implementation of the Senior Notes Indenture, the First Senior Notes Supplemental Indenture and the Second Senior Notes Supplemental Indenture, and the Senior Notes Indenture, the First Senior Notes Supplemental Indenture, the Second Senior Notes Supplemental Indenture and this Third Senior Notes Supplemental Indenture shall henceforth be read and construed together.
Senior Notes Indenture. That certain Indenture dated as of December 16, 2009 among Borrower, as Issuer, the guarantors a party thereto, and U.S. Bank National Association, as Trustee, relating to the issuance by Borrower of its 8.5% Senior Notes Due 2017, as the same may be amended, supplemented or modified from time to time. S&P. Standard & Poor’s Ratings Group. Stabilized Property. A completed Data Center Property which contains improvements that are in operating condition and available for occupancy with respect to which valid certificates of occupancy have been issued and are in full force and effect, and that has achieved a Leased Rate of at least eighty-five percent (85%) for a period of not less than thirty (30) consecutive days, provided that a Development Property on which all improvements related to the development of such Real Estate have been substantially completed (excluding tenants improvements) for at least twenty-four (24) months or as to which its Capitalized Value exceeds its GAAP book value shall constitute a Stabilized Property. Once a project becomes a Stabilized Property under this Agreement, it shall remain a Stabilized Property.
