Senior Subordinated Note Indenture. The Company issued the Senior Subordinated Notes under an Senior Subordinated Note Indenture dated as of August 10, 1998 ("SENIOR SUBORDINATED NOTE INDENTURE") A2-3 between the Company and the Senior Subordinated Note Trustee. The terms of the Senior Subordinated Notes include those stated in the Senior Subordinated Note Indenture and those made part of the Senior Subordinated Note Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb). The Senior Subordinated Notes are subject to all such terms, and Holders are referred to the Senior Subordinated Note Indenture and such Act for a statement of such terms. To the extent any provision of this Senior Subordinated Note conflicts with the express provisions of the Senior Subordinated Note Indenture, the provisions of the Senior Subordinated Note Indenture shall govern and be controlling. The Senior Subordinated Notes are obligations of the Company limited to $250.0 million in aggregate principal amount.
Senior Subordinated Note Indenture. The Seller is in compliance in all material respects with the terms and conditions of the Senior Subordinated Notes and the Senior Subordinated Note Indenture. Without limiting the generality of the foregoing, the Premier/Republic Merger complied in all respects with the applicable provisions of the Senior Subordinated Notes and the Senior Subordinated Note Indenture, including, but not limited to, Section 8.01 of the Senior Subordinated Note Indenture, and after giving effect to such merger no Default (as defined in the Senior Subordinated Note Indenture) or Event of Default (as defined in the Senior Subordinated Note Indenture) has occurred. Assuming that the parties execute and deliver the documents referred to in Section 3.2(a)(vi) and (vii) at the Closing, the Acquisition Transactions will comply in all respects with Subordinated Note Indenture, including, but not limited to, Section 8.01 of the Senior Subordinated Note Indenture, and after giving effect to such transactions no Default or Event of Default shall have occurred.
Senior Subordinated Note Indenture. The Adminxxxxxxxve Agent shall have received evidence, in form and substance satisfactory to the Administrative Agent, that the amount to be borrowed under this Agreement is permitted to be incurred under Section 4.09 of the Senior Subordinated Note Indenture.
Senior Subordinated Note Indenture. The Borrower hereby (a) acknowledges and agrees that the Indebtedness evidenced by this Agreement and the other Credit Documents constitutes Senior Debt as defined in the Senior Subordinated Note Indenture, (b) specifically designates the Indebtedness evidenced by this Agreement and the other Credit Documents (specifically including all Obligations) as "Designated Senior Debt" for all purposes, including without limitation for purposes of the Senior Subordinated Note Indenture and (c) agrees that it will not designate any other Indebtedness incurred by it as "Designated Senior Debt" without the prior written consent of the Required Lenders.
Senior Subordinated Note Indenture. On the Initial Borrowing Date, the Borrower shall deliver to the Administrative Agent a certificate (i) dated the Initial Borrowing Date and (ii) certifying that this Agreement and the incurrence of all Loans and the issuance of all Letters of Credit as permitted under this agreement are, and when incurred or issued will be, permitted under Section 4.03(a)(z) of the 9.15% Senior Subordinated Note Indenture, which certificate shall set forth in reasonable detail the calculations supporting such certification.
Senior Subordinated Note Indenture. The Company has delivered to the Bank a true and correct copy of the Senior Subordinated Note Indenture and all amendments and supplements thereto as in effect on the date hereof.
Senior Subordinated Note Indenture. The Company agrees to do and perform, in favor of and for the benefit of the Bank, all things set forth in Section 4.02, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15 and 4.16 of the Senior Subordinated Note Indenture, as in effect on the date hereof (notwithstanding any amendment or termination thereof), and such sections are incorporated herein by reference, as if set out herein in full, with such modifications as may be appropriate, mutatis mutandis, provided that, for the purposes of this Section 10.11, the term "Event of Default" as used in such Sections shall be deemed to mean an Event of Default as defined in this Agreement, and any notice required to be furnished to the trustee under the Senior Subordinated Note Indenture pursuant to the provisions of Sections 4.12 and 4.15 shall be furnished to the Bank.
Senior Subordinated Note Indenture. GE Capital shall be satisfied that Borrower's incurrence of Indebtedness to GE Capital in respect of the India Guaranty, AGL's incurrence of Indebtedness under the GE Capital India Loan (as modified and increased as described herein) and the other transactions contemplated hereby are permissible pursuant to the Senior Subordinated Note Indenture and that such reimbursement obligations shall constitute "Senior Indebtedness" and "Designated Senior Indebtedness" within the meaning of the Senior Subordinated Note Indenture, and GE Capital shall have received such certifications from Borrower and opinions of Borrower's counsel in regard to the foregoing as Borrower shall reasonably request.
Senior Subordinated Note Indenture. (a) This Agreement and the other Credit Documents constitute part of the "Credit Agreement" and "Designated Senior Debt" for purposes of (and as defined in) the Senior Subordinated Note Indenture.
Senior Subordinated Note Indenture. The Loan Parties shall have obtained irrevocable consents of the requisite Senior Subordinated Note Holders with respect to (i) the waiver of all defaults under the Senior Subordinated Note Indenture (other than the default related to the payment of the interest payment due October 1, 2004 on the Senior Subordinated Notes, which interest payment will be paid substantially concurrently with the initial borrowing of the Supplemental Term Loan) and (ii) the increase in the Total Commitment under the Financing Agreement to $180,000,000. The Collateral Agent shall be satisfied in its sole discretion that the Loans made pursuant to the Financing Agreement (including the Supplemental Term Loan) constitute "Permitted Debt", "Senior Debt" and "Designated Senior Debt" under the Senior Subordinated Note Indenture and that any supplemental indenture delivered in connection with the foregoing shall have become effective.
