Subordinated Debt Compliance Sample Clauses

Subordinated Debt Compliance. 33 5.17 Fees, etc.....................................................33 SECTION 6. ConditionsPrecedent to All Credit Events.........................33 6.01 No Default; Representations and Warranties....................33 6.02 Notice of Borrowing; Letter of Credit Request.................34 SECTION 7. Representations,Warranties and Agreements........................34
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Subordinated Debt Compliance. (a) On the Initial Borrowing Date, the Borrower shall have delivered to the Administrative Agent a certificate of the Borrower's chief financial officer demonstrating in reasonable detail (and showing the financial calculations therefor) that the full amount of the Term Loans and at least $3,500,000 of Revolving Loans and at least $2,260,000 of Letters of Credit may be incurred or issued (as the case may be) on, and that the Seller Subordinated Notes may be issued on, the Initial Borrowing Date in accordance with, and will not violate the provisions of, the Senior Subordinated Note Indenture, including, but not limited to, the provisions of Section 4.09
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Subordinated Debt Compliance. 72 5.02 Conditions to all Borrowings and the Issuance of any Letters of Credit...........................................72 (a) Notice..............................................72 (b)
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Subordinated Debt Compliance. The Borrower's projections delivered pursuant to Section 5.01(q) shall reasonably indicate that at no time on or prior to the Termination Date would any portion of the projected outstanding Obligations and other Consolidated Indebtedness, not constituting "Permitted Debt" exceed the maximum amount of "Debt" permitted under Section 4.12 of the Borrower Senior Subordinated Note Indenture (as such terms in quotations are defined therein).
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Subordinated Debt Compliance. On the Restatement Effective ---------------------------- Date, the Borrower shall deliver to the Agent a certificate (i) dated the Restatement Effective Date and (ii) certifying that the incurrence of the Tranche D Loans is in compliance with Section 4.03 of the 9.15% Senior Subordinated Note Indenture and showing the calculations thereof.
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Subordinated Debt Compliance. (i) The Borrower shall have ---------------------------- delivered to the Administrative Agent a certificate of its chief financial officer demonstrating in reasonable detail (and showing the financial calculations therefor) that the full amount of the Tranche B Term Loans may be incurred on the Restatement Effective Date in accordance with, and will not violate the provisions of, Section 4.12(a) of the Borrower Senior Subordinated Note Indenture; and
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Related to Subordinated Debt Compliance

  • Subordinated Debt Documents Subject to Section 10.6(m), the failure of any Loan Party to comply with the terms of any intercreditor agreement or any subordination provisions of any note or other document running to the benefit of the Administrative Agent or Lenders, or if any such document becomes null and void or unenforceable against any lender holding the Subordinated Debt.

  • Subordinated Debt (a) Make or permit any payment on any Subordinated Debt, except under the terms of the subordination, intercreditor, or other similar agreement to which such Subordinated Debt is subject, or (b) amend any provision in any document relating to the Subordinated Debt which would increase the amount thereof or adversely affect the subordination thereof to Obligations owed to Bank.

  • Subordinated Indebtedness The Obligations constitute senior indebtedness which is entitled to the benefits of the subordination provisions of all outstanding Subordinated Indebtedness.

  • Subordinated Notes The Subordinated Notes have been duly authorized by the Company and when executed by the Company and issued, delivered to and paid for by the Purchasers in accordance with the terms of the Agreement, will have been duly executed, authenticated, issued and delivered, and will constitute legal, valid and binding obligations of the Company and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

  • Junior Financing Documentation (i) Any of the Obligations of the Loan Parties under the Loan Documents for any reason shall cease to be “Senior Indebtedness” (or any comparable term) or “Senior Secured Financing” (or any comparable term) under, and as defined in any Junior Financing Documentation or (ii) the subordination provisions set forth in any Junior Financing Documentation shall, in whole or in part, cease to be effective or cease to be legally valid, binding and enforceable against the holders of any Junior Financing, if applicable.

  • Subordination of Junior Financing The Obligations are “Senior Debt,” “Senior Indebtedness,” “Guarantor Senior Debt” or “Senior Secured Financing” (or any comparable term) under, and as defined in, any Junior Financing Documentation.

  • Amendment, Etc. of Indebtedness Amend, modify or change in any manner any term or condition of any Indebtedness set forth in Schedule 7.02, except for any amendment, refinancing, refunding, renewal or extension thereof permitted by Section 7.02(e).

  • Indebtedness and Guaranties Incur any indebtedness for borrowed money other than in the ordinary course of business consistent with past practice with a term not in excess of one year; or incur, assume or become subject to, whether directly or by way of any guarantee or otherwise, any obligations or liabilities (absolute, accrued, contingent or otherwise) of any other person or entity, other than the issuance of letters of credit in the ordinary course of business and in accordance with the restrictions set forth in Section 5.2(r).

  • Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc The Company shall not, and shall not permit any of its Subsidiaries to (i) amend, modify or otherwise change the Budget or any other statement, budget, forecast, projection and operating plan and report delivered to the Lenders, unless approved by its Board of Directors and the Majority Lenders; (ii) amend, modify or otherwise change (or permit the amendment, modification or other change in any manner of) any of the provisions of any of its or its Subsidiaries' Indebtedness or of any instrument or agreement (including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) relating to any such Indebtedness if such amendment, modification or change would shorten the final maturity or average life to maturity of, or require any payment to be made earlier than the date originally scheduled on, such Indebtedness, would increase the interest rate applicable to such Indebtedness, or would otherwise be adverse to the Lenders or the issuer of such Indebtedness in any respect, (iii) except for the Obligations, make any voluntary or optional payment, prepayment, redemption, defeasance, sinking fund payment or other acquisition for value of any of its or its Subsidiaries' Indebtedness, or refund, refinance, replace or exchange any Indebtedness, or make any payment, prepayment, redemption, defeasance, sinking fund payment or repurchase of any outstanding Indebtedness as a result of any asset sale, change of control, issuance and sale of debt or equity securities or similar event, or give any notice with respect to any of the foregoing, (iv) amend, modify or otherwise change any of its organizational documents, or (v) amend, modify or otherwise change any material provision of any Material Contract, or accelerate, terminate or cancel any Material Contract other than at the direction of the Board of Directors.

  • Material Indebtedness Schedule 6.1(l) sets forth a complete and accurate list of all Material Indebtedness of the Borrower and its Restricted Subsidiaries in effect as of the Closing Date not listed on any other Schedule hereto; other than as set forth in Schedule 6.1(l), each indenture, contract or agreement executed in connection with such Material Indebtedness is, and after giving effect to the consummation of the transactions contemplated by the Loan Documents will be, in full force and effect in accordance with the terms thereof. To the extent requested by the Administrative Agent, the Borrower and its Restricted Subsidiaries have delivered or otherwise made available to the Administrative Agent a true and complete copy of each indenture, contract or agreement executed in connection with the Material Indebtedness required to be listed on Schedule 6.1(l) or any other Schedule hereto. Neither the Borrower nor any Restricted Subsidiary (nor, to the knowledge of the Borrower, any other party thereto) is in breach of or in default under any indenture, contract or agreement executed in connection with any Material Indebtedness in any material respect.

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