Subordinated Note Documents Sample Clauses

Subordinated Note Documents. The Administrative Agent shall have received a copy, certified by an officer of the Borrower as true and complete, of each Subordinated Note Document as originally executed and delivered, together with all exhibits and schedules thereto and all amendments thereto.
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Subordinated Note Documents. Each of the documents, instruments (including the Subordinated Notes) and other agreements entered into or delivered by the Borrower (including, without limitation, the Subordinated Note Indenture) and/or any Subsidiary of the Borrower relating to the issuance by the Borrower of the Subordinated Notes and any guaranties or other documents related thereto, as in effect on February 12, 1999, and as the same may be supplemented, amended or modified from time to time in accordance with the terms hereof (including, without limitation, ss.11.8) and thereof.
Subordinated Note Documents. The Administrative Agent shall have received true and correct copies, certified as such by a Responsible Officer of the Borrower, of each Subordinated Note Document to which the Borrower and its Restricted Subsidiaries is a party on the Closing Date.
Subordinated Note Documents. Evidence that the offering of the --------------------------- Subordinated Notes (in an amount not less than $175,000,000 in the aggregate) shall have been consummated contemporaneously with the transactions contemplated hereby, and the Subordinated Note Documents have been reduced to writing and furnished to the Agent and Banks, and such agreements, instruments and arrangements shall be in form and substance satisfactory to the Agent and Banks. The Agent and Banks shall have received a certificate signed by a Responsible Officer attaching copies of the fully executed Subordinated Note Documents and each other agreements and instruments related thereto, including without limitation, any subordination agreements, certifying that each such document is a true, correct and complete copy thereof, that such documents are the only agreements between the parties to such documents, that each such document is in full force and effect, without any term or condition thereof having been amended, modified or waived or any exercise of rights with respect thereto forborne without the Agent's and the Banks' prior written consent and that there is no default thereunder.
Subordinated Note Documents. Receipt by the Agent, for the ratable benefit of the Lenders, of the Subordinated Note Documents, duly executed and delivered by the Obligors party thereto.
Subordinated Note Documents. The failure of the Borrower to cause the Subordinated Entities on or before three (3) months prior to the then stated maturity date of the Soros Subordinated Note Documents to extend the maturity xxxx of the Soros Subordinated Note Documents until the earlier of (x) xxe (1) year from the then effective maturity date of the Subordinated Note Documents, or (y) three (3) months after the Maturity Date. 2.6 Article 12 of the Loan Agreement is amended as follows: 2.6.1 Section 12.1 of the Loan Agreement is amended by deleting the notice parties for the Lender and replacing them with the following: If to the Lender: Wells Fargo Retail Finance, LLC One Boston Place - - 18tx Xxxor Boston, Massachusetts 02000 Xxxxxxxxx : Xxxxxx Xxxxxxxxx Vice President Xxx : 617-523-4029 With a copy to: Riemer & Braunxxxxx XXX Three Center Plaza Boxxxx, Masxxxxxxxxxx 02108 Xxxxxxxxx : Xxxxx X. Xxxxxx, Xxxxxxx Xxx : 617-880-3456
Subordinated Note Documents. Certified copies of the Subordinated Indenture and the documents related thereto.
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Subordinated Note Documents. (a) Each of the Lenders and the Administrative Agent has received a complete and correct copy of the MCI Note Purchase Documents (including all exhibits, schedules and disclosure letters referred to therein or delivered pursuant thereto) and all amendments thereto, waivers relating thereto and other side letters or agreements affecting the terms thereof. Each of the MCI Note Purchase Documents to which it is a party has been duly executed and delivered by Old LCC and the Parent and, to the best knowledge of the Borrower, MCI and is in full force and effect. Each of the representations and warranties of Old LCC and the Parent set forth in each of the MCI Note Purchase Documents is true and correct in all material respects as of the Closing Date. Each of the MCI Note Purchase Documents to which it is a party is a legal, valid and binding obligation of the Borrower and the Parent and, to the best knowledge of the Borrower, MCI enforceable against the Borrower and the Parent, and, to the best knowledge of the Borrower, MCI in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency and other similar laws affecting creditors' rights generally. Each of the MCI Note Purchase Agreement and the MCI Subordinated Guaranty has been terminated and no party thereto has any further rights or obligations thereunder. (b) Each of the Lenders and the Administrative Agent has received a complete and correct copy of the Telcom Documents (including all exhibits, schedules and disclosure letters referred to therein or delivered pursuant thereto) and all amendments thereto, waivers relating thereto and other side letters or agreements affecting the terms thereof. Each of the Telcom Documents to which it is a party has been duly executed and delivered by the Borrower and the Parent and is in full force and effect. Each of the Telcom Documents to which it is a party is a legal, valid and binding obligation of the Borrower and the Parent enforceable against the Borrower and the Parent in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency and other similar laws affecting creditors' rights generally.
Subordinated Note Documents. As of the Closing Date, before and after giving effect to the initial Credit Extension, all representations and warranties of the Borrower or any Guarantor contained in the Subordinated Note Indenture and any documents delivered pursuant thereto are true and correct in all material respects (except to the extent such representations or warranties relate or refer to a specified, earlier date). Before and after giving effect to the initial Credit Extension contemplated hereunder, there is no event of default or event or condition that could become an event of default with notice or lapse of time or both, under the Subordinated Note Indenture and any documents related thereto and the Subordinated Note Indenture, the Subordinated Notes and any other legally binding documents executed by the Loan Parties in connection therewith are in full force and effect.” 2.9 Subpart (ii) of Section 5.21 of the Credit Agreement is hereby amended by adding a comma after the word “Indebtedness” and deleting the words “or any” immediately before the words “contingent liabilities”.

Related to Subordinated Note Documents

  • Note Documents Receipt by the Purchasers of executed counterparts of this Agreement and the other Note Documents, each properly executed by a Responsible Officer of the signing Note Party and each other party to such Note Documents, in each case in form and substance satisfactory to the Purchasers.

  • 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.

  • Senior Loan Documents The executed Senior Loan Documents are the same forms as approved by HUD prior to the date of this Agreement. Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, correct and complete.

  • Financing Documents The CAC Credit Facility Documents, the Xxxxx Fargo Warehouse Documents, the Fifth Third Warehouse Documents, the Flagstar Warehouse Documents, the BMO Warehouse Documents, the 2017-3 Securitization Documents, the 2017-2 Securitization Documents, the 2017-1 Securitization Documents, the 2016-3 Securitization Documents, the 2016-2 Securitization Documents, the 2016-1 Securitization Documents, the 2015-2 Securitization Documents and the 2015-1

  • Facility Documents The Facility Documents, duly executed by the parties thereto;

  • Financing Agreements The School shall comply with Ch. 37D, HRS, relating to financing agreements. “Financing agreement” means any lease purchase agreement, installment sale agreement, loan agreement, line of credit or other agreement of the department or, with the approval of the director, and any agency, to finance the improvement, use or acquisition of real or personal property that is or will be owned or operated by one or more agencies of the State, the department or any agency, or to refinance previously executed financing agreements including certificates of participation relating thereto. The School shall not act as a guarantor of any such financing agreement.

  • Subordination Agreements Subordination Agreements with respect to all Subordinated Debt.

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

  • Subordination Agreement Each of (i) the subordination of interest payments to the Noteholders of the Class B Notes to the payment of any First Priority Principal Payment to the Noteholders of the Class A Notes and (ii) the subordination of interest payments to the Noteholders of the Class C Notes to the payment of any Second Priority Principal Payment to the Noteholders of the Class A Notes and the Class B Notes under Section 8.2(c) is a subordination agreement within the meaning of Section 510(a) of the Bankruptcy Code.

  • 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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