Senior Subordinated Indenture Sample Clauses

Senior Subordinated Indenture. At least thirty (30) days prior to the Maturity Date, the Company shall have delivered a draft of the Senior Subordinated Indenture reasonably acceptable to the Lenders, and such Senior Subordinated Indenture shall be in full force and effect on or prior to the Maturity Date.
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Senior Subordinated Indenture. The obligations of the Borrowers under this Agreement and the other Loan Documents constitute "Senior Indebtedness" under the terms of the 1996 Senior Subordinated Indenture and the 1997 Senior Subordinated Indenture and "Pari Passu Indebtedness" under the 1997 Senior Indenture. The obligations of the Company under this Agreement and the other Loan Documents constitute "Indebtedness" and the obligations of the Canadian Borrower, the U.K. Borrower and the Acquisition Borrower under this Agreement and the other Loan Documents constitute "Foreign Subsidiary Indebtedness" under the terms of the "New Bank Credit Facility" as such term is defined in the 1996 Senior Subordinated Indenture, the 1997 Senior Subordinated Indenture and the 1997 Senior Indenture.
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Senior Subordinated Indenture. Agent shall have received satisfactory evidence that Holdings, Borrower, Xxxxx Fargo Bank, National Association, as trustee, and the guarantors named therein have executed the Senior Subordinated Notes Indenture.
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Senior Subordinated Indenture. The Company shall have delivered to the Agent a copy of the Senior Subordinated Indenture (if it shall then be executed) and the Senior Subordinated Notes issued thereunder (if then issued).
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Senior Subordinated Indenture. The last two sentences of Section 4.28 of the Existing Credit Agreement are hereby amended and restated in their entirety as follows: “No Default or Event of Default under and as defined in the Senior Subordinated Indenture (including any successor Indenture or governing document) and the Borrower Consolidation has done all things required to be done to keep unimpaired its rights thereunder. This Credit Agreement, the Loan Documents, the Bank Facilities and all Obligations (including Swingline Loans and all other loans and advances hereunder from and after such Swingline Loans, loans and advances are made and including Letters of Credit from and after the date such Letters of Credit are issued) are permitted under the terms of the Senior Subordinated Indenture, and all Obligations (including Swingline Loans and all other loans and advances hereunder from and after such Swingline Loans, loans and advances are made and including Letters of Credit from and after the date such Letters of Credit are issued) are “Senior Debt” and “Designated Senior Debt” as defined in the Senior Subordinated Indenture.”
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Senior Subordinated Indenture. If (a) any Event of Default (as defined, respectively, in any Senior Subordinated Indenture) shall occur under any Senior Subordinated Indenture; (b) the Obligations under this Agreement, or any part thereof, shall cease to constitute Senior Debt or Designated Senior Debt under each of the Senior Subordinated Indentures; (c) the Borrowers shall designate any Indebtedness as Designated Senior Debt without the prior written consent of the Administrative Agent; or (d) enter into any Credit Agreement (as defined in any Senior Subordinated Indenture), except pursuant to this Agreement and the other Loan Documents, without the prior written consent of the Administrative Agent.
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Related to Senior Subordinated Indenture

  • 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.

  • 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.

  • 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.

  • 4 Indenture 4 interest.......................................... 4

  • 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.

  • 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.

  • 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 Subordinate to Senior Indebtedness The Company covenants and agrees, and each Holder of a Security, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article, the payment of the principal of (and premium, if any) and interest (including any Additional Interest) on each and all of the Securities of each and every series are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Indebtedness.

  • 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.

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