Common use of Status of Loans as Senior Debt Clause in Contracts

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.

Appears in 2 contracts

Samples: And Term Loan Agreement (Holmes Products Corp), Loan Agreement (Holmes Group Inc)

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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 Revolving Credit 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 Revolving Credit Loans and Reimbursement Obligations constitutes "Designated Senior Debt" as defined by the Subordinated Indenture.

Appears in 1 contract

Samples: Revolving Credit Agreement (Holmes Products Corp)

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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 and any other evidence reasonably requested by the Agent to confirm that the Indebtedness of each of the Borrowers and their Subsidiaries to the Agent and the Banks in respect of the Loans Revolving Credit Loans, Reimbursement Obligations and Reimbursement the FIUI 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 Agent in respect of the Loans Revolving Credit Loans, Reimbursement Obligations and Reimbursement the FIUI Obligations constitutes "Designated Senior Debt" as defined by the Subordinated Indenture.

Appears in 1 contract

Samples: Revolving Credit Agreement (Flextronics International LTD)

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