Subordinated Debentures. Upon the Effective Time, Xxxxxxx or one of its Subsidiaries shall assume the due and punctual performance and observance of the covenants and conditions to be performed by Southwest or its Subsidiaries under the (i) Indenture between Southwest and U.S. Bank, N.A., dated as of June 26, 2003, relating to the three-month LIBOR plus 3.10% floating rate subordinated debentures of Southwest due 2033 (the “Southwest Subordinated Debentures”) and (ii) Indenture between Southwest and Xxxxx Fargo Bank, N.A., dated as of October 14, 2003, relating to the three-month LIBOR plus 2.85% floating rate subordinated debentures of Southwest due 2033 (the “Southwest II Subordinated Debentures,” collectively with the Southwest Subordinated Debentures, the “Subordinated Debentures”), and the due and punctual payments of the principal of and premium, if any, and interest on the Subordinated Debentures. In connection therewith, Xxxxxxx or its applicable Subsidiary shall execute and deliver any supplemental indentures, and the parties hereto shall provide any opinion of counsel to the trustee thereof, required to make such assumptions effective. If requested by Xxxxxxx, Southwest will, or cause its Subsidiaries to, reasonably cooperate with Xxxxxxx to facilitate the prompt redemption of the Subordinated Debentures at or following the Closing.
Subordinated Debentures. The Company shall do all things ----------------------- necessary to assure that the Loan and all of the Credit Obligations be and remain "Superior Indebtedness" within the meaning of Section 10 of the Subordinated Debentures Agreement.
Subordinated Debentures. There shall occur any "Event of ----------------------- Default" as defined in Section 13.1 of the Subordinated Debentures Agreement, or any of the Credit Obligations shall fail to be "Superior Indebtedness" within the meaning of Section 10 of the Subordinated Debentures Agreement.
Subordinated Debentures. Any "Event of Default" (or similar term) as defined in the 1995 Subordinated Note Indenture or the 1996 Subordinated Note Indenture or any other subordinated indentures to which any Borrower may from time to time be party shall have occurred and be continuing; or, any term or provision of the subordination provisions contained in any such indentures or the Investors' Subordination Agreement shall cease to be in full force and effect in accordance with its respective terms; or any Loan Party or any holder of any 1995 Subordinated Note or of any 1996 Subordinated Note or subordinated obligation under the Investors' Subordination Agreement or other subordinated note or other subordinated obligations (or any trustee or agent on behalf of such holder) shall terminate, repudiate, declare voidable or void or otherwise contest any term or provision of such subordination provisions; or Genesis shall make, or shall be required to make or to offer to make, any defeasance, redemption or purchase of 1995 Subordinated Notes under Section 4.5 or 5.13 of the 1995 Subordinated Note Indenture or Genesis shall make, or shall be required to make or to offer to make, any purchase of 1996 Subordinated Notes under Section 4.5 or 5.13 of the 1996 Subordinated Note Indenture; or Genesis shall make, or shall be required to make or to offer to make, any purchase, defeasance or redemption of subordinated notes under any similar provision, if any, under any such other subordinated indentures or other subordinated obligations.
Subordinated Debentures. The Obligations constitute "Senior Indebtedness" for the purpose of the subordination provisions of the Indenture pursuant to which the Subordinated Debentures have been issued.
Subordinated Debentures. The occurrence of an Event of Default under the Subordinated Debentures.
Subordinated Debentures. The 5 1/2% Convertible Debentures due 2003 issued by CML pursuant to the Fiscal Agency Agreement.
Subordinated Debentures. 13 Subsidiary.....................................................13
Subordinated Debentures. Indebtedness of Borrower with respect to its Exchangeable Subordinated Debentures due July 1, 2001 issued and outstanding pursuant to the Subordinated Debenture Indenture. Subordinated Debenture Indenture. The Indenture dated as of June 23, 1994 among the Borrower, the Company and The First National Bank of Boston as Trustee relating to the Borrower's Exchangeable Subordinated Debentures due July 1, 2001.
Subordinated Debentures. The Obligations shall constitute, and will constitute, Senior Indebtedness within the meaning ascribed to such terms in the indenture pursuant to which the Subordinated Debentures were issued. The subordination provisions therein are enforceable against the issuers thereunder and the holders, from time to time, of the Subordinated Debentures. The issuers are not in default under any such indenture and there does not exist, and the execution, delivery or performance of the Loan Documents will not result in, an "Event of Default" or "Redemption Event" as those terms are defined in such indenture.
