Status of Loans as Senior Debt. All Debt of the Borrower to the Banks and the Agent in respect of the Loans constitutes "Senior Debt" or "Senior Indebtedness" (or the analogous term used therein) under the terms of the Xxxxxxx Subordinated Notes or of any other instrument evidencing or pursuant to which there is issued indebtedness which purports to be Subordinate Debt of the Borrower.
Status of Loans as Senior Debt. The Company shall, on the Closing Date and at such other times as may reasonably be requested by the Agent, deliver to the Agent certificates and, if requested, legal opinions, evidencing that the Indebtedness of each of the Borrowers and their Subsidiaries to the Agent and the Banks in respect of the Loans and Reimbursement Obligations constitutes "Senior Debt" (or the analogous term used therein) under the terms of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued indebtedness which purports to be Subordinated Debt of the Company or any of its Subsidiaries and that (a) this Credit Agreement would constitute the "Credit Facility" under the terms of the Subordinated Indenture, and (b) the Indebtedness of each of the Borrowers and their Subsidiaries to the Banks and the Agents in respect of the Loans and Reimbursement Obligations constitutes "Designated Senior Debt" as defined by the Subordinated Indenture.
Status of Loans as Senior Debt. From and after the Indenture Effective Date, all Indebtedness of DBI and each of its Subsidiaries to the Banks and the Agent in respect of the Obligations constitutes "Designated Senior Debt" under the terms of the Subordinated Debt Documents.
Status of Loans as Senior Debt. This Credit Agreement is the "Senior Credit Facility" under the terms of the Senior Subordinated Indenture, and Indebtedness of each of the Borrowers and their Subsidiaries to the Lenders and the Agent in respect of the Obligations constitute "Senior Debt" and "Designated Senior Debt" (or the analogous term used therein) under the terms of the Senior Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued Indebtedness which purports to be Senior Subordinated Debt of any Borrower or any Subsidiary.
Status of Loans as Senior Debt. From and after the Indenture Effective Date, all Indebtedness of the Borrower and each of its Subsidiaries to the Lenders and the Administrative Agent in respect of the Revolving Credit Loans and the Reimbursement Obligations constitutes “Senior Indebtedness” or “Senior Debt” (or the analogous term used therein) under the terms of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued Indebtedness which purports to be Subordinated Debt of the Borrower or any Subsidiary.
Status of Loans as Senior Debt. All Indebtedness of each of the Borrowers and their Subsidiaries to the Banks and the Agent in respect of the Loans and the Reimbursement Obligations constitute "Senior Debt" (or the analogous term used therein) under the terms of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued Indebtedness which purports to be Subordinated Debt of any Borrower or any Subsidiary. In addition, (a) this Credit Agreement, to the extent applicable, would constitute the "Credit Facility" under the terms of the Subordinated Indenture and (b) the Indebtedness of each of the Borrowers and their Subsidiaries to the Banks and the Agents in respect of the Loans and the Reimbursement Obligations constitutes "Senior Debt". In addition, without prejudice to the Credit Agreement's status as the "Credit Facility" referred to in the Subordinated Indenture, the Company expressly designates all Obligations hereunder, and under the other Loan Documents, as "Senior Debt" for purposes of the Subordinated Indenture.
Status of Loans as Senior Debt. All Indebtedness of the Company and its Subsidiaries to the Banks and the Agent in respect of the Revolving Credit Loans, the Reimbursement Obligations and the FIUI Obligations constitutes "Superior Indebtedness", "Senior Indebtedness" or "Senior Debt" (or the analogous term used therein) under the terms of the Subordinated Debt Documents or any other instrument evidencing or pursuant to which there is issued indebtedness which purports to be Subordinated Debt of the Company or any Subsidiary.
Status of Loans as Senior Debt. From and after the Indenture Effective Date, all Indebtedness of the Borrower and each of its Subsidiaries to the Lenders and the Administrative Agent in respect of the Revolving Credit Loans and the Reimbursement Obligations constitutes "Senior Indebtedness" or "Senior Debt" (or the analogous term used therein) under the terms of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued Indebtedness which purports to be Subordinated Debt of the Borrower or any Subsidiary.
Status of Loans as Senior Debt. The Company shall, on the ------------------------------ Closing Date and at such other times as may reasonably be requested by the Administrative Agent, deliver to the Administrative Agent certificates and, if requested, legal opinions, evidencing that the Indebtedness of each of the Borrowers and their Non-Excluded Subsidiaries to the Lenders and the Agents in respect of the Loans, the Reimbursement Obligations and the Foreign Reimbursement Obligations constitutes "Senior Indebtedness" or "Senior Debt" (or the analogous term used therein) under the terms of each of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued indebtedness which purports to be Subordinated Debt of any Obligor and that (a) this Credit Agreement would constitute the "Original Credit Agreement" under -155- the terms of the Subordinated Indenture and (b) the Indebtedness of each of the Borrowers and their Non-Excluded Subsidiaries to the Lenders and the Agents in respect of the Loans, the Reimbursement Obligations and the Foreign Reimbursement Obligations constitutes "Designated Senior Debt."
Status of Loans as Senior Debt. All Indebtedness of the Borrower to the Lenders and the Agent in respect of the Obligations constitutes “Senior Debt” under the terms of the Note Purchase Agreement dated as of August 16, 2005 by and between the Xxxxx X. Xxxxx Irrevocable Grantor Retained Annuity Trust, Dated December 1, 1992 and the Borrower, as amended, supplemented or otherwise modified and in effect from time to time (the “Xxxxx Note Purchase Agreement”). The Borrower will not (a) amend, supplement or otherwise modify the terms of the Xxxxx Note Purchase Agreement, except to the extent set forth in the Subordination Agreement dated as of August 16, 2005 by and among Fleet Retail Group, LLC, the Xxxxx X. Xxxxx Irrevocable Grantor Retained Annuity Trust, Dated December 1, 1992 and the Borrower (the “Xxxxx Subordination Agreement”), provided that the Borrower may not agree to increase the interest rate of the Indebtedness under the Xxxxx Note Purchase Agreement by more than 2% per annum, nor shorten the final maturity date or the weighted average life to maturity of the Indebtedness under the Xxxxx Note Purchase Agreement, or (b) prepay, redeem or repurchase (or offer to prepay, redeem or repurchase) any of the Indebtedness under the Xxxxx Note Purchase Agreement.
