Subordinated Indebtedness Payments. The Company shall give the Agent ten (10) Business Days’ prior notice of its intent to make any payment (including any payment of interest but excluding (x) payments in respect of reasonable fees and expenses of one counsel and one financial advisor for the holders of Subordinated Indebtedness and (y) an Indenture Forbearance Amendment Fee (as hereinafter defined)) with respect to any Subordinated Indebtedness (the “Payment Notice”).”
Appears in 2 contracts
Samples: Second Forbearance Agreement (Simmons Co), Second Forbearance Agreement (Simmons Co)
Subordinated Indebtedness Payments. The Company shall give the Agent ten (10) 10 Business Days’ prior notice of its intent to make any payment (including any payment of interest but excluding (x) payments in respect of reasonable fees and expenses of one counsel and one financial advisor for the holders of Subordinated Indebtedness and (y) an Indenture Forbearance Amendment Fee (as hereinafter defined)Indebtedness) with respect to any Subordinated Indebtedness (the “Payment Notice”).”
Appears in 2 contracts
Samples: Second Forbearance Agreement (Simmons Co), Second Forbearance Agreement (Simmons Co)