Subordinated Debts Sample Clauses

Subordinated Debts. Non-affiliates (a) In respect of any Subordinated Debt proposed to be incurred by any Obligor from any person which is neither a member of the Group nor a Shareholder Affiliate, such Obligor shall ensure that: (i) such Subordinated Debt is unsecured; and (ii) the scheduled redemption or repayment date(s) of any such Subordinated Debt must fall later than one year after the Senior Facility Maturity Date. (b) Each Obligor shall ensure that the terms of the Existing Subordinated Debts and any other Subordinated Debts referred to in paragraph (a) above, will not be amended, varied, supplemented or waived (nor will any consent be granted in respect thereof) if such amendment, variation, supplement, waiver or consent has the effect of changing or relates to: (i) the unsecured nature of such Subordinated Debt; (ii) any prepayment event or trigger (howsoever described and including any put option); (iii) the terms of subordination of such Subordinated Debt (including without limitation any trigger for such subordination); (iv) an increase to the rate of interest or any other sum payable by any Obligor under such Subordinated Debt; or (v) acceleration of the scheduled redemption or repayment date(s) for such Subordinated Debt such that it will fall within one year after the Senior Facility Maturity Date. (c) The Obligors shall not (and shall ensure that no other member of the Group will) acquire, or make any payment, repayment or redemption in respect of, any Existing Subordinated Debt or any other Subordinated Debt referred to in paragraph (a) above, except for any payment, repayment or redemption: (i) which is funded in its entirety by the proceeds of subscription for shares in the Borrower and/or Subordinated Debts incurred by the Borrower from any person which is not a member of the Group; (ii) made at a time when: (A) no Event of Default is continuing (and provided that no Event of Default would result from such payment, repayment or redemption); and (B) if such payment, repayment or redemption relates to the principal of any such Subordinated Debt: (1) no further Financial Indebtedness may be made available under the New Facility Agreement and the aggregate outstanding principal amount of the New Facility is no more than US$1,800,000,000; and (2) the Consolidated Total Debt does not, and will not (immediately after such payment, repayment or redemption), exceed 60 per cent. of the aggregate of Consolidated Total Equity and the Relevant Subordinated Debts (in ...