Senior Subordinated Note Indenture. The Company issued the Senior Subordinated Notes under a Senior Subordinated Note Indenture dated as of August 10, 1998 ("SENIOR SUBORDINATED NOTE INDENTURE") 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. Codess.ss.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. If, after giving effect to such Credit Extension, the sum of the Revolving Outstandings plus the aggregate principal amount of all Term Loans will exceed $225,000,000, the Administrative Agent shall have received evidence, reasonably satisfactory to it, that all of the Obligations (including the Obligations created by such Credit Extension) are permitted by the first paragraph of Section 4.09 of the Senior Subordinated Note Indenture (without regard to any other provision of the Senior Subordinated Note Indenture). Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of such notice and as of the applicable Borrowing Date or Issuance Date, that the conditions in this SECTION 5.2 are satisfied.
Senior Subordinated Note Indenture. The Administrative Agent shall have received a written opinion of Xxxxxxxx & Xxxxxxxx LLP, special counsel to the Loan Parties, addressed to the Administrative Agent, the Collateral Agent and each Lender, dated the Amendment and Assumption Effective Date, in form and substance satisfactory to the Administrative Agent, to the effect that, after giving effect to the Summit Equity Investment, no Change of Control (as defined in the Senior Subordinated Note Indenture) will have occurred under the Senior Subordinated Note Indenture.
Senior Subordinated Note Indenture. The Senior Subordinated Note ---------------------------------- Indenture shall be in form and substance satisfactory to Agents and Requisite Lenders.
Senior Subordinated Note Indenture. The Company issued the Senior Subordinated Notes under an Senior Subordinated Note Indenture dated as of May 18, 1998 ("Senior Subordinated Note Indenture") 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 (S)(S) 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. The Senior Subordinated Notes are secured obligations of the Company limited to $650.0 million in aggregate principal amount.
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. On the Restatement Effective Date, the US Borrower shall have delivered to the Administrative Agent a certificate of its chief financial officer demonstrating in reasonable detail that the full amount of the Loans to be incurred pursuant to this Agreement may be incurred on the Restatement Effective Date in accordance with, and will not violate any provisions of, the Senior Subordinated Note Indenture.
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.
