Common use of Subordinated Debt Documents Clause in Contracts

Subordinated Debt Documents. As of the Closing Date, the outstanding principal balance of the Subordinated Notes is $130,000,000, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of the Subordinated Notes are described on Schedule 4.29 hereto. All Obligations are "Senior Indebtedness" and "Designated Senior Indebtedness" as defined in the Subordinated Indenture and are and will be incurred in compliance with the Subordinated Indenture. This Agreement and the other Loan Documents are the "Senior Credit Facility" as defined in the Subordinated Indenture. Other then the Obligations, the Second Secured Debt, the Third Secured Term Loan Debt and the Fourth Secured Term Loan Debt there is no other "Designated Senior Indebtedness" thereunder. All Obligations, including all Advances and Letter of Credit Usage, up to the full amount of the Total Commitment, are permitted to be incurred pursuant to Sections 4.3(b)(1) and 4.3(b)(11) of the Subordinated Note Indenture without satisfying the requirements of Section 4.3(a). There is no event of default or event or condition which would become an event of default with notice or lapse of time or both, under the Subordinated Debt Documents and each of the Subordinated Debt Documents is in full force and effect. Other than pursuant to the Subordinated Debt Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Closing Date which obligates the Parent or any of its Subsidiaries to pay any principal or interest or redeem any of its Stock or incur any other monetary obligation, and the Subordinated Notes and any other promissory note or other instrument evidencing any Subordinated Debt issued at any time pursuant to the Subordinated Debt Documents are and will be "Securities" as defined in the Subordinated Indenture.

Subordinated Debt Documents. As All representations and warranties of the Closing Date, the outstanding principal balance Company contained in any Subordinated Debt Documents are true and correct in all material respects as of the dates required by such documents. The Company will receive net proceeds in the approximate amount of $20,000,000 on the Effective Date from the exchange of the Existing Subordinated Notes is $130,000,000, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of for the Subordinated Notes Notes. All Subordinated Note Documents are described on Schedule 4.29 SCHEDULE 1.1-B hereto. All Obligations Existing Subordinated Note Documents are described on SCHEDULE 1.1-C hereto. All Lender Indebtedness is "Senior IndebtednessDebt" and "Designated Senior IndebtednessDebt" as defined in the Subordinated Indenture and are and will be incurred in compliance with the Subordinated Indenture. This Agreement Note Documents and the Existing Subordinated Note Documents and entitled to the benefits of all subordination provisions contained in such Subordinated Debt Documents, and other Loan Documents are than the "Senior Credit Facility" as defined in the Subordinated Indenture. Other then the ObligationsLender Indebtedness, the Second Secured Debt, the Third Secured Term Loan Debt and the Fourth Secured Term Loan Debt there is no other "Designated Senior IndebtednessDebt" thereunder. All Obligations, including all Advances and Letter of Credit Usage, up to the full amount of the Total Commitment, are permitted to be incurred pursuant to Sections 4.3(b)(1) and 4.3(b)(11) of the Subordinated Note Indenture without satisfying the requirements of Section 4.3(a). There is no event of default or event or condition which would - 57 - could become an event of default with notice or lapse of time or both, under the Subordinated Debt Documents and each of the Subordinated Debt Documents is in full force and effect. Other than pursuant to the Subordinated Debt Notes, the Existing Subordinated Notes and the Preferred Stock Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt or Preferred Stock outstanding or to be outstanding on the Closing Effective Date which obligates the Parent or any of its Subsidiaries Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation, and the Subordinated Notes and any other promissory note or other instrument evidencing any Subordinated Debt issued at any time pursuant to the Subordinated Debt Documents are and will be "Securities" as defined in the Subordinated Indenture.

Subordinated Debt Documents. As All representations and warranties of the Closing Date, the outstanding principal balance Company contained in any Subordinated Debt Documents are true and correct in all material respects as of the dates required by such documents. The Company will receive net proceeds in the approximate amount of $20,000,000 on the Effective Date from the exchange of the Existing Subordinated Notes is $130,000,000, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of for the Subordinated Notes Notes. All Subordinated Note Documents are described on Schedule 4.29 SCHEDULE 1.1-B hereto. All Obligations Existing Subordinated Note Documents are described on SCHEDULE 1.1-C hereto. All Lender Indebtedness is "Senior IndebtednessDebt" and "Designated Senior IndebtednessDebt" as defined in the Subordinated Indenture and are and will be incurred in compliance with the Subordinated Indenture. This Agreement Note Documents and the Existing Subordinated Note Documents and entitled to the benefits of all subordination provisions contained in such Subordinated Debt Documents, and other Loan Documents are than the "Senior Credit Facility" as defined in the Subordinated Indenture. Other then the ObligationsLender Indebtedness, the Second Secured Debt, the Third Secured Term Loan Debt and the Fourth Secured Term Loan Debt there is no other "Designated Senior IndebtednessDebt" thereunder. All Obligations, including all Advances and Letter of Credit Usage, up to the full amount of the Total Commitment, are permitted to be incurred pursuant to Sections 4.3(b)(1) and 4.3(b)(11) of the Subordinated Note Indenture without satisfying the requirements of Section 4.3(a). There is no event of default or event or condition which would -57- could become an event of default with notice or lapse of time or both, under the Subordinated Debt Documents and each of the Subordinated Debt Documents is in full force and effect. Other than pursuant to the Subordinated Debt Notes, the Existing Subordinated Notes and the Preferred Stock Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt or Preferred Stock outstanding or to be outstanding on the Closing Effective Date which obligates the Parent or any of its Subsidiaries Company to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation, and the Subordinated Notes and any other promissory note or other instrument evidencing any Subordinated Debt issued at any time pursuant to the Subordinated Debt Documents are and will be "Securities" as defined in the Subordinated Indenture.

Subordinated Debt Documents. All representations and warranties of the Company contained in any Subordinated Debt Document are true and correct in all material respects as of the date such representations and warranties were made. As of the Closing Date, the outstanding principal balance of the Subordinated Notes is $130,000,000, and all agreements, instruments and documents executed or delivered pursuant to the original issuance of the Subordinated Notes are described on Schedule 4.29 5.31 hereto. All Secured Obligations are "Senior Indebtedness" and "Designated Senior Indebtedness" as defined in the Subordinated Indenture and are and will be incurred in compliance with the Subordinated Indenture. This Agreement and the other Loan Documents are the "Senior Credit Facility" as defined in the Subordinated Indenture. Other then than the Secured Obligations, the Second Secured Debt, the Third Secured Term Loan Debt and the Fourth Secured Term Loan Debt there is no other "Designated Senior Indebtedness" thereunder. All Secured Obligations, including all Advances and Letter of Credit Usage, up to the full amount of the Total CommitmentAggregate Commitments, are permitted to be incurred pursuant to Sections 4.3(b)(1) and 4.3(b)(11Section 4.3(b)(i) of the Subordinated Note Indenture without satisfying and do not need to meet the requirements of Section 4.3(a). There is no event of default or event or condition which would become an event of default with notice or lapse of time or both, under the Subordinated Debt Documents and each of the Subordinated Debt Documents is in full force and effect. Other than pursuant to the Subordinated Debt Documents, there is no obligation pursuant to any Subordinated Debt Document or other document or agreement evidencing or relating to any Subordinated Debt outstanding or to be outstanding on the Closing Date which obligates the Parent Company or any of its Subsidiaries to pay any principal or interest or redeem any of its Capital Stock or incur any other monetary obligation, and the Subordinated Notes and any other promissory note or other instrument evidencing any Subordinated Debt issued at any time pursuant to the Subordinated Debt Documents are and will be "Securities" as defined in the Subordinated Indenture.