Subordinated Indentures Sample Clauses

Subordinated Indentures. The Obligations constitute “Senior Debt” (or, in the case of Subordinated Indentures entered into after the Closing Date, if any, “Senior Debt” or other comparable term) as defined in the Subordinated Indentures.
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Subordinated Indentures. If (i) any Event of Default (as defined in the Current Indentures) shall occur under the Current Indentures, or an event of default shall occur under any agreement evidencing any other Subordinated Indebtedness permitted under Section 7.1(g), (ii) this Agreement shall fail to constitute the “Credit Agreement” or the Indebtedness under this Agreement shall fail to constitute “Senior Debt” and “Designated Senior Debt” (or terms similar thereto) under, and as defined in, the Current Indentures or under any other agreement evidencing any other Subordinated Indebtedness permitted under Section 7.1(g), or (iii) if any Indebtedness other than the Indebtedness under this Agreement is designated as “Designated Senior Debt” (or a term similar thereto) under, and as defined in, the Current Indentures or under any other agreement evidencing any other Subordinated Indebtedness permitted under Section 7.1(g).
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Subordinated Indentures. (i) The Borrowers are permitted under all documents, instruments and agreements evidencing Subordinated Indebtedness to incur and permit to remain outstanding the Term Loans. The Borrowers are permitted under all documents, instruments and agreements evidencing Subordinated Indebtedness to borrow and re-borrow Revolving Loans. (ii) All Loans and L/C Obligations outstanding hereunder constitute “Senior Indebtedness” and “Designated Senior Indebtedness” under (and as defined in) the 2001 Senior Subordinated Indenture and the 2004 Senior Subordinated Indenture and comparable treatment under all other documents, instruments and agreements evidencing any other Subordinated Indebtedness outstanding (to the extent applicable). (iii) All of the Term Loans (A) have been incurred under (I) either Section 4.07(a)(i) of the 2001 Senior Subordinated Indenture or the interest coverage ratio test set forth in first paragraph of Section 4.07(a) of the 2001 Senior Subordinated Indenture and (II) Section 4.07(a)(i) of the 2004 Senior Subordinated Indenture or the interest coverage ratio test set forth in first paragraph of Section 4.07(a) of the 2004 Senior Subordinated Indenture and (B) are permitted to remain outstanding under the applicable provisions of all documents, instruments or agreements evidencing other Subordinated Indebtedness outstanding.
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Subordinated Indentures. If (i) any event of default shall occur under any agreement evidencing any Subordinated Indebtedness permitted under Section 7.1(f), (ii) this Agreement shall fail to constitute the “Credit Agreement” or the Indebtedness under this Agreement shall fail to constitute “Senior Debt” and “Designated Senior Debt” (or terms similar thereto) under, and as defined in, any agreement evidencing any Subordinated Indebtedness permitted under Section 7.1(f), or (iii) if any Indebtedness other than the Indebtedness under this Agreement is designated as “Designated Senior Debt” (or a term similar thereto) under any other agreement evidencing any other Subordinated Indebtedness permitted under Section 7.1(f).
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Subordinated Indentures. Not Creating Potential Conflicting Interests for the Trustee. The following indentures are hereby specifically described for the purposes of Section 310(b)(1) of the Trust Indenture Act: this Subordinated Indenture with respect to the Subordinated Securities of any other series.
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Related to Subordinated Indentures

  • 4 Indenture 4 interest.......................................... 4

  • Reference in Notes to Supplemental Indentures Notes authenticated and delivered after the execution of any supplemental indenture pursuant to this Article IX may, and if required by the Indenture Trustee shall, bear a notation in form approved by the Indenture Trustee as to any matter provided for in such supplemental indenture. If the Issuer or the Indenture Trustee shall so determine, new Notes so modified as to conform, in the opinion of the Indenture Trustee and the Issuer, to any such supplemental indenture may be prepared and executed by the Issuer and authenticated and delivered by the Indenture Trustee in exchange for Outstanding Notes.

  • 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.

  • SUPPLEMENTAL INDENTURES SECTION 901.

  • Indenture This INDENTURE (this “Indenture”) is entered into as of the Original Issue Date by and between the Principal Life Income Fundings Trust specified in the Omnibus Instrument (the “Trust”) and Citibank, N.A., as indenture trustee (the “Indenture Trustee”). Citibank, N.A., in its capacity as indenture trustee, hereby accepts its role as Registrar, Paying Agent, Transfer Agent and Calculation Agent hereunder. References herein to “Indenture Trustee,” “Registrar,” “Transfer Agent,” “Paying Agent” or “Calculation Agent” shall include the permitted successors and assigns of any such entity from time to time.

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

  • Notation on Securities in Respect of Supplemental Indentures Securities of any series authenticated and delivered after the execution of any supplemental indenture pursuant to the provisions of this Article may bear a notation in form approved by the Trustee for such series as to any matter provided for by such supplemental indenture or as to any action taken by Securityholders. If the Issuer or the Trustee shall so determine, new Securities of any series so modified as to conform, in the opinion of the Trustee and the Board of Directors, to any modification of this Indenture contained in any such supplemental indenture may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for the Securities of such series then Outstanding.

  • Ratification of Indenture; Supplemental Indenture Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered shall be bound hereby.

  • Ratification of Indenture; Supplemental Indentures Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby.

  • Senior Subordinated Notes (a) At or prior to the Effective Time, the Company, Holding and Acquiror will take all actions as may be necessary to (i) repurchase the aggregate principal amount of the Company's 8-7/8% Senior Subordinated Notes due 2006 (hereinafter referred to as the "Notes") that are tendered to the Company on the terms set forth in Section 8.10 of the Company Disclosure Schedule and such other customary terms and conditions as are reasonably acceptable to Acquiror and (ii) obtain the consent of holders of such principal amount of the Notes outstanding required pursuant to terms of the First Supplemental Indenture dated as of May 26, 1998 between the Company and State Street Bank and Trust Company of California, National Association, as Trustee (the "Indenture"), to amend the terms of the Indenture in the manner set forth in Section 8.10 of the Company Disclosure Schedule (the foregoing clauses (i) and (ii), together the "Debt Offer"). Notwithstanding the foregoing, in no event shall the Company be required to take any action that could obligate the Company to repurchase any Notes or incur any additional obligations to the holders of Notes prior to the Effective Time. (b) The Company shall waive any of the conditions to the Debt Offer and make any other changes in the terms and conditions of the Debt Offer as reasonably requested by the Acquiror, and the Company shall not, without Acquiror's prior consent, waive any material condition to the Debt Offer, make any changes to the terms and conditions of the Debt Offer set forth in Section 8.10 of the Company Disclosure Schedule or make any other material changes in the terms and conditions of the Debt Offer. Notwithstanding the immediately preceding sentence, Acquiror shall not request that the Company make any change to the terms and conditions of the Debt Offer which decreases the price per Note payable in the Debt Offer, changes the form of consideration payable in the Debt Offer (other than by adding consideration) or imposes conditions to the Debt Offer in addition to those set forth in Section 8.10 of the Company Disclosure Schedule which are materially adverse to holders of the Notes (it being agreed that a request by Acquiror that the Company waive any condition in whole or in part at any time and from time to time in its sole discretion shall not be deemed to be materially adverse to any holder of Notes), unless such change was previously approved in writing by the Special Committee or a majority of the disinterested members of the Board of Directors of the Company. (c) Promptly following the date of this Agreement, Holding, Acquiror and the Company shall prepare an offer to purchase the Notes (or portions thereof) and forms of the related letter of transmittal (the "Letter of Transmittal") (collectively, the "Offer to Purchase") and summary advertisement, as well as other information and exhibits (collectively, the "Offer Documents"). Holding, Acquiror and the Company shall cooperate with each other in the preparation of the Offer Documents. All mailings to the holders of Notes in connection with the Debt Offer shall be subject to the prior review, comment and reasonable approval of Acquiror. Provided that this Agreement shall not have been terminated in accordance with Section 10.1 , the Company shall, promptly after request of Acquiror (but in no event earlier than twenty calendar days after the date hereof), commence the Debt Offer and cause the Offer Documents to be mailed to the holders of the Notes as promptly as practicable following execution of this Agreement. The Company, Holding and Acquiror agree promptly to correct any information in the Offer Documents that shall be or have become false or misleading in any material respect. (d) In connection with the Debt Offer, if requested by Acquiror, the Company shall promptly furnish Acquiror with security position listings, any non-objecting beneficial owner lists and any available listings or computer files containing the names and addresses of the beneficial owners and/or record holders of Notes, each as of a recent date, and shall promptly furnish Acquiror with such additional information (including but not limited to updated lists of Noteholders, mailing labels, security position listings and non-objecting beneficial owners lists) and such other assistance as Acquiror or its agents may reasonably require in communicating the Debt Offer to the record and beneficial holders of Notes.

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