Subordinated Notes Indenture Sample Clauses

Subordinated Notes Indenture. Unless and until the Subordinated Notes Indenture shall have been satisfied and discharged, if after giving effect to the making of the Loans and the use of proceeds thereof or the drawing of any Letter of Credit to be issued hereunder, the aggregate amount of Obligations would exceed the maximum amount of “Senior Credit Agreement” Indebtedness permitted to be incurred pursuant to Section 4.10(b)(3) of the Subordinated Notes Indenture, Borrower would be permitted to incur such Loans or the obligations in respect of such Letter of Credit drawing under Section 4.10(a) of the Subordinated Notes Indenture, and, upon request from the Administrative Agent, Borrower shall have delivered a certificate, signed by a Responsible Officer of Borrower, with calculations in reasonable detail demonstrating such compliance. Each borrowing by Borrower hereunder and the issuance of each Letter of Credit by the Issuing Lender hereunder shall constitute a representation and warranty by Borrower as of the date of such borrowing or issuance that the conditions in clauses (a), (b) and (c) and of this subsection 6.2 have been satisfied.
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Subordinated Notes Indenture. The Obligations are "Senior Debt" (as defined in the Subordinated Notes Indenture) and, therefore, the repayment of the Subordinated Notes is subordinated to the prior payment in full in cash of the Obligations to the extent and in the manner provided in Article 10 of the Subordinated Notes Indenture. The Indebtedness owing to the Lender Group under the Loan Documents is "Permitted Debt" (as defined in the Subordinated Notes Indenture). The defined term "Credit Facility" (as defined in the Subordinated Notes Indenture) includes the credit facility evidenced by this Agreement and the other Loan Documents.
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Subordinated Notes Indenture. No Default or Event of Default (as defined in the Subordinated Notes Indenture) shall have occurred after giving effect to the extensions of credit requested to be made on such date.
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Subordinated Notes Indenture. The Obligations of the Loan Parties under the Loan Documents constitute "Designated Senior Debt" or "Senior Debt" (or any similar term) under, and as defined in, the Subordinated Notes Indenture.
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Subordinated Notes Indenture. Subject to any applicable periods of notice or grace, the Credit Parties shall comply with all of the covenants under the Subordinated Notes Indenture.
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Related to Subordinated Notes Indenture

  • 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.

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

  • Senior Notes Notwithstanding the foregoing, the following additional provisions shall apply to Senior Notes:

  • Senior Subordinated Notes The subordination provisions contained in the Senior Subordinated Notes and in the other Senior Subordinated Note Documents are enforceable against the Borrower and the holders of the Senior Subordinated Notes, and all Obligations are within the definition of "Senior Debt" included in such subordination provisions.

  • 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.

  • Convertible Notes The Convertible Notes are subject to different conversion calculations depending on the event triggering conversion as described in the Notes (e.g., an IPO or other liquidity event). For illustration purposes, assuming the optional conversion right is exercised today, based on the current capitalization and the $50,000,000 assumed valuation specified for an optional conversion in the Notes, there would be 4,705,224 additional shares issued; provided however, that each holder of Notes is subject to a maximum 9.99% ownership of the shares of capital stock of the Company at any one time. This illustration calculation does not account for the 6% interest component.

  • Subordinated Debt Documents Subject to Section 10.6(m), the failure of any Loan Party to comply with the terms of any intercreditor agreement or any subordination provisions of any note or other document running to the benefit of the Administrative Agent or Lenders, or if any such document becomes null and void or unenforceable against any lender holding the Subordinated Debt.

  • Notes Subordinated to Senior Indebtedness The Company covenants and agrees and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Ten; and the Trustee and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on the Senior Indebtedness; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.

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

  • Pari Passu Guarantees The obligations of the Guarantor under this Guarantee Agreement shall rank pari passu with any similar guarantee agreements issued by the Guarantor on behalf of the holders of preferred or capital securities issued by the Issuer Trust and with any other security, guarantee or other obligation that is expressly stated to rank pari passu with the obligations of the Guarantor under this Guarantee Agreement.

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