Senior Subordinated Debt Documents. All representations and warranties of the Company contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company will be receiving net proceeds in the approximate amount of $120,800,000 on the Effective Date from its issuance of the Senior Subordinated Notes, and all agreements, instruments and documents executed or delivered pursuant to the issuance of the Senior Subordinated Notes are described on Schedule 1.1 hereto. All Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents and all Rate Hedging Obligations of each Borrower and each Guarantor owed to any Lender is "Senior Debt " and "Designated Senior Debt" as defined in the Senior Subordinated Debt Documents and, other than the Advances and all other present and future indebtedness, obligations and liabilities pursuant to the Loan Documents, there is no other "Designated Senior Debt" thereunder. There is no Event of Default or event or condition which could become an Event of Default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Notes and as described on Schedule 4.20, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation.
Senior Subordinated Debt Documents. Demand Loan Agreement between BMG North America and Export Development Corporation dated October 7, 1996
Senior Subordinated Debt Documents. All representations and warranties of the Company contained in any Senior Subordinated Debt Document are true and correct in all material respects. The Company has received net proceeds of not less than $94,000,000 on January 22, 1998 from its issuance of the Senior Subordinated Notes, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of the Senior Subordinated Notes are described on Schedule 1.1(b) hereto. All Lender Indebtedness, including without limitation all present and future Revolving Credit Advances and the Term Loan and all other Lender Indebtedness, is "Senior Indebtedness" and "Designated Senior Indebtedness" as defined in the Senior Subordinated Indenture and is and will be incurred in compliance with the Senior Subordinated Indenture. This Agreement and the other Loan Documents are the "Senior Credit Facility" as defined in the Senior Subordinated Indenture. Other than the Lender Indebtedness, there is no other "Designated Senior Indebtedness" thereunder. The Term Loan is being incurred pursuant to, and in full compliance with, Section 4.3(a) of the Senior Subordinated Note Indenture, and the Term Loan is classified as Indebtedness incurred under Section 4.3(a) of the Senior Subordinated Note Indenture and is not classified as Indebtedness outstanding or incurred pursuant to Section 4.3(b)(1) of the Senior Subordinated Note Indenture. All Revolving Credit Advances, up to the full amount of the aggregate Revolving Credit Commitments, are incurred pursuant to Section 4.3(b)(i) of the Senior Subordinated Note Indenture and do not need to meet the requirements of Section 4.3(a). There is no event of default or event or condition which would become an event of default with notice or lapse of time or both, under the Senior Subordinated Debt Documents and each of the Senior Subordinated Debt Documents is in full force and effect. Other than pursuant to the Senior Subordinated Debt Documents, there is no obligation pursuant to any Senior Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Effective Date which obligates the Company or any of its Subsidiaries to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation, and the Senior Subordinated Notes and any other promissory note or other instrument evidencing any Subordinated Debt issued at any time pursuant t...
Senior Subordinated Debt Documents. None of the execution and delivery of the 3189503 Guarantee Agreement or the 3189503 Pledge Agreement, the consummation of the transactions therein contemplated, the performance of the obligations therein contained or compliance with the terms and provisions thereof will conflict with or result in a breach by the Company of the Indenture dated as of September 8, 1993 between the Company and State Street Bank and Trust Company nor will obligate the Company to cause any of the Borrowers to grant a "Guarantee" (as defined in such Indenture).
Senior Subordinated Debt Documents. (a) None of the Senior Subordinated Debt Documents or Senior Subordinated Discount Debt Documents has been amended or modified in any respect and no provision therein has been waived, except in each case to the extent permitted by Section 6.15.
(b) All of the Obligations of the Borrower do and at all times will constitute “Senior Indebtedness” of the Borrower, and all of the obligations of any Guarantor under the Guaranty and the other Loan Documents to which such Guarantor is a party do and at all times will constitute “Senior Indebtedness” of such Guarantor, in each case, as applicable, under and as defined in each of the Senior Subordinated Notes Indenture and the Senior Subordinated Discount Notes Indenture.
(c) The Secured Obligations constitute the “Bank Indebtedness” and the “Designated Senior Indebtedness” with respect to each Loan Party under and as defined in each of the Senior Subordinated Notes Indenture and the Senior Subordinated Discount Notes Indenture.
Senior Subordinated Debt Documents. The Senior Subordinated Notes, the Senior Subordinated Guaranty, the Senior Subordinated Indenture and all documents, instruments and agreements executed in connection with any of the foregoing, each in the form delivered to the Agent on or before the Closing Date.
Senior Subordinated Debt Documents. Each of the Senior Subordinated 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 each of the Agent, the Lenders and the Arrangers. The Agent and the Lenders shall have received a fully executed copy of each such document
Senior Subordinated Debt Documents. Executed copies of the Senior Subordinated Debt Documents and all amendments, exhibits, appendices, annexes and schedules to any thereof, each certified by a senior officer of U.S. Borrower as true, complete and correct copies thereof.
Senior Subordinated Debt Documents. All representations and warranties of each Borrower and any of its Subsidiaries contained in the Senior Subordinated Debt Documents were true and correct in all material respects on the date made. All agreements and instruments executed and delivered pursuant to the issuance of the Senior Subordinated Notes are described in Schedule 1.1(g). All of the Obligations to pay principal, premium, interest and, to the extent included in Obligations hereunder, obligations under Swap Contracts, are "Senior Debt" as defined in the Senior Subordinated Debt Documents, and other than the Obligations, there is no other "Senior Debt" designated thereunder. The Facilities provided in this Agreement and the other Credit Documents constitutes the "Credit Facilities" as defined in the Senior Subordinated Debt Documents. There is no event of default or event or condition which could become an event of default with notice or lapse of time or both, under the Senior Subordinated Debt Documents, and each of the Subordinated Debt Documents is in full force and effect.
Senior Subordinated Debt Documents. The Borrower has heretofore furnished to the Agent true, complete and correct copies of each of the Senior Subordinated Debt Documents, in each case including any schedules or exhibits or annexes thereto. As of the Effective Date, none of the foregoing agreements and other documents has been amended, supplemented or modified, other than as disclosed to the Agent in writing prior to the Agreement Date. There are no other material agreements, written or oral, between the Borrower and the other parties to the Senior Subordinated Debt Documents. As of the Effective Date, the Borrower knows of no reason to believe that the representations and warranties of, and information concerning, the other parties to the Senior Subordinated Debt Documents is not complete and correct in all material respects.
