Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writing.
Appears in 7 contracts
Samples: Credit Agreement (Staples Inc), Credit Agreement (Staples Inc), Credit Agreement (Staples Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders Agent and the Majority Banks in writing.
Appears in 7 contracts
Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writing.
Appears in 4 contracts
Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)
Subordinated Debt. Unsecured Indebtedness of the Borrower Company or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, Obligations on terms satisfactory to the Agent and the Banks and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writingSubordinated Debt Documents.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Holmes Group Inc), Revolving Credit Agreement (Holmes Products Corp), Revolving Credit and Term Loan Agreement (Holmes Products Corp)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries Borrowers that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a subordination agreement or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Administrative Agent in writing.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower Company or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the ObligationsObligations (other than pursuant to the Subordination Agreements), and evidenced as such by a written instrument containing subordination provisions in form and substance approved by reasonably satisfactory to the Required Lenders in writing.Majority Banks..
Appears in 2 contracts
Samples: Revolving Credit Agreement (Hasbro Inc), Line of Credit Agreement (Hasbro Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writing.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Yankee Candle Co Inc), Revolving Credit Agreement (Yankee Candle Co Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Administrative Agent and the Lenders in writing.
Appears in 2 contracts
Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that ----------------- which is expressly subordinated and made junior to the payment and performance in full of the Obligations, Obligations on terms and evidenced as such by a written instrument containing subordination provisions in form and substance approved by conditions satisfactory to the Required Lenders in writingLender.
Appears in 2 contracts
Samples: Credit Agreement (Viisage Technology Inc), Revolving Credit Agreement (Viisage Technology Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a the Subordinated Indenture or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Agent and the Majority Banks in writing.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp), Revolving Credit and Term Loan Agreement (Western Digital Corp)
Subordinated Debt. Unsecured Indebtedness of the Borrower any Obligor or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writingwriting (such approval not to be unreasonably withheld or delayed).
Appears in 2 contracts
Samples: Credit Agreement (Lionbridge Technologies Inc /De/), Credit Agreement (Lionbridge Technologies Inc /De/)
Subordinated Debt. Unsecured Indebtedness of the Borrower any Loan Party or any of its respective Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Administrative Agent and the Lenders in writing.
Appears in 2 contracts
Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders Agent and the Majority Banks in writing.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Marcam Corp), Revolving Credit and Term Loan Agreement (Mapics Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Administrative Agent after consultation with the Required Lenders in writingLenders.
Appears in 2 contracts
Samples: Senior Unsecured Revolving Credit Agreement (Barnes Group Inc), Senior Unsecured Revolving Credit Agreement (Barnes Group Inc)
Subordinated Debt. Unsecured Indebtedness of the Parent Companies, the Borrower or any of its their Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders Majority Banks in writing.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Digitas Inc), Revolving Credit Agreement (Digitas Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a subordination agreement or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Agent in writing.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Bridgestreet Accommodations Inc), Revolving Credit Agreement (Provant Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that which is expressly subordinated and made junior to the payment and performance in full of the Obligations, Obligations on terms and evidenced as such by a written instrument containing subordination provisions in form and substance approved by conditions satisfactory to the Required Lenders in writingLender.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries Borrowers that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions on terms and in form and substance approved by acceptable to the Required Lenders in writingAgent and Majority Banks.
Appears in 1 contract
Samples: Revolving Credit Agreement (Waste Connections Inc/De)
Subordinated Debt. The Subordinated Notes, and such other Unsecured ----------------- Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the ObligationsObligations on terms, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by reasonably acceptable to the Required Lenders in writingMajority Banks.
Appears in 1 contract
Samples: Revolving Credit and Acquisition Loan Agreement (Jackson Products Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower Borrowers or any of its Subsidiaries Guarantor that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a an intercreditor agreement or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Agent in writing. Subordination Documents. Documents, instruments or agreements evidencing Subordinated Debt.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions agreement pursuant to which the Borrower incurs such unsecured subordinated Indebtedness, in each case on terms and in form and substance approved by satisfactory to the Required Lenders in writingBank.
Appears in 1 contract
Samples: Revolving Credit Agreement (Transact Technologies Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries Borrowers that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions on terms and in form and substance approved by acceptable to the Required Lenders in writingAdministrative Agent and Majority Banks.
Appears in 1 contract
Samples: Revolving Credit Agreement (Waste Connections Inc/De)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument the Subordinated Debt Documents and containing subordination provisions in form and substance approved by the Required Lenders Agent in writing.
Appears in 1 contract
Samples: Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writing.
Appears in 1 contract
Samples: Revolving Credit Agreement (First Virtual Communications Inc)
Subordinated Debt. Unsecured The Indebtedness of the Borrower or evidenced by the Subordinated Notes and any other unsecured Indebtedness of its Subsidiaries any Credit Party that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a subordination and intercreditor agreement or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Administrative Agent in writing. Subordinated Debt Documents. The Subordinated Notes and the Subordinated Indenture.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writingSubordinated Debt Documents.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full in cash of the Obligations, and evidenced as such by a written instrument containing such subordination provisions in form and substance approved by the Required Lenders in writingprovisions.
Appears in 1 contract
Samples: Revolving Credit Agreement (Lexmark International Inc /Ky/)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries incurred in connection with any Permitted Acquisition that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders Banks in writing.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower or any in respect of its Subsidiaries the Subordinated Notes that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writingterms of the Subordinated Notes.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the any Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a the Subordination Agreement or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Bank in writing.
Appears in 1 contract
Samples: Credit Agreement (Compudyne Corp)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its other Subsidiaries that which is expressly subordinated and made junior to the payment and performance in full of the Obligations, Obligations on terms and evidenced as such by a written instrument containing subordination provisions in form and substance approved by conditions satisfactory to the Required Lenders in writingLender.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Lenders in writing.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and as evidenced as such by a the Subordinated Indenture or by another written instrument containing subordination provisions and terms and conditions in form and substance approved by the Required Lenders in advance in writing.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Administrative Agent after consultation with the Required Lenders in writingLenders, including without limitation the Existing Subordinated Debt.
Appears in 1 contract
Samples: Senior Unsecured Credit Agreement (Barnes Group Inc)
Subordinated Debt. Unsecured Indebtedness of the Borrower Company or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a the Subordinated Debt Documents or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Banks in writingwriting (such approval not to be unreasonably withheld or delayed).
Appears in 1 contract
Samples: Revolving Credit Agreement (Flextronics International LTD)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a the Subordinated Indenture or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Banks in writing. Subordinated Debt Documents. The Subordinated Purchase Agreement, the Subordinated Indenture, the Subordinated Registration Rights Agreement and the Subordinated Notes.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Flextronics International LTD)
Subordinated Debt. Unsecured Indebtedness of the Borrower Borrowers or any of its Subsidiaries Guarantor that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a an intercreditor agreement or by another written instrument containing subordination provisions in form and substance approved by the Required Lenders Agent in writing.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Century Aluminum Co)
Subordinated Debt. Unsecured Indebtedness of the Borrower or any in respect of its Subsidiaries the Subordinated Notes that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form the terms of the Indenture and substance approved by the Required Lenders in writingSubordinated Notes.
Appears in 1 contract
Subordinated Debt. Unsecured Indebtedness of the Borrower Borrowers or any of its their Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Required Administrative Agent and the Lenders in writing.
Appears in 1 contract
Samples: Revolving Credit Agreement (CAI International, Inc.)