Common use of Subordination of Subordinated Indebtedness Clause in Contracts

Subordination of Subordinated Indebtedness. This Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Sixth Amendment, and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings, or replacements hereof and thereof constitute the "Credit Agreement" within the meaning of the Senior Subordinated Note Indenture, and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations, the Debt Repurchase Loans and all other Obligations of Borrower to the Agent and the Lenders under this Agreement, the Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings and replacements of any of the foregoing, constitute "Senior Indebtedness" of Borrower within the meaning of the Senior Subordinated Note Indenture, and the holders thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 13 of the Senior Subordinated Note Indenture.

Appears in 1 contract

Samples: Loan Agreement (Fairfield Manufacturing Co Inc)

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Subordination of Subordinated Indebtedness. This Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Sixth Amendment, Agreement and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 4.06 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings, or replacements hereof and thereof constitute the "Credit Agreement" within the meaning of the Senior Subordinated Note Indenture, and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations, the Debt Repurchase Loans and all other Obligations of Borrower to the Agent and the Lenders under this Agreement, the Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 4.06 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings and replacements of any of the foregoing, constitute "Senior Indebtedness" of Borrower within the meaning of the Senior Subordinated Note Indenture, and the holders thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 13 11 of the Senior Subordinated Note Indenture.

Appears in 1 contract

Samples: Loan Agreement (Fairfield Manufacturing Co Inc)

Subordination of Subordinated Indebtedness. This Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Sixth Fourth Amendment, and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings, or replacements hereof and thereof constitute consti tute the "Credit Agreement" within the meaning of the Senior Subordinated Sub ordinated Note Indenture, and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations, the Debt Repurchase Loans Obligations and all other Obligations of Borrower to the Agent and the Lenders under this Agreement, the Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings and replacements of any of the foregoing, constitute "Senior Indebtedness" of Borrower within the meaning of the Senior Subordinated Note Indenture, and the holders thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 13 of the Senior Subordinated Note Indenture.

Appears in 1 contract

Samples: Loan Agreement (Fairfield Manufacturing Co Inc)

Subordination of Subordinated Indebtedness. This Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Sixth Amendment, and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatementsmodifications, extensions, renewals, extensionsrefinancings and refundings hereof, restructurings, supplements, modifications, refinancings, refundings, or replacements hereof and thereof constitute the "Senior Credit Agreement" within the meaning of the Senior Bridge Note Purchase Agreement and the Ramsay Subordinated Note IndenturePurchase Agreement; this Agreement, together with each of the other Loan Documents and all amendments, modifications, extensions, renewals, refinancings and refundings hereof and thereof, constitute "Senior Credit Documents" within the meaning of the Bridge Note Purchase Agreement and the Term Loans, Ramsay Subordinated Note Purchase Agreement; and the Revolving Credit Loan, the Letter of Credit Obligations, the Debt Repurchase Loans Obligations and all other Obligations of Borrower to the Agent Lenders and the Lenders Agents under this Agreement, the Revolving Credit Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 of the Senior Subordinated Note Indenture, and all further amendments, amendments and restatementsmodifications, extensions, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings and replacements or refinancings of any of the foregoing, foregoing constitute "Senior Indebtedness" of Borrower within the meaning of the Senior Bridge Note Purchase Agreement and the Ramsay Subordinated Note IndenturePurchase Agreement, and the holders thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 13 9 of the Senior Bridge Note Purchase Agreement and pursuant to Section 4 of the Ramsay Subordinated Note IndenturePurchase Agreement, respectively.

Appears in 1 contract

Samples: Credit Agreement (Ramsay Health Care Inc)

Subordination of Subordinated Indebtedness. (a) This Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment and the Sixth Seventh Amendment, and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings, or replacements hereof and thereof constitute the "Credit Agreement" within the meaning of the Senior Subordinated Note Indenture, and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations, the Debt Repurchase Loans and all other Obligations of Borrower to the Agent and the Lenders under this Agreement, the Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings and replacements of any of the foregoing, constitute "Senior Indebtedness" of Borrower within the meaning of the Senior Subordinated Note Indenture, and the holders thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 13 of the Senior Subordinated Note Indenture.

Appears in 1 contract

Samples: Loan Agreement (Fairfield Manufacturing Co Inc)

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Subordination of Subordinated Indebtedness. This Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Sixth Fifth Amendment, and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings, or replacements hereof and thereof constitute the "Credit Agreement" within the meaning of the Senior Subordinated Note Indenture, and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations, the Debt Repurchase Loans Obligations and all other Obligations of Borrower to the Agent and the Lenders under this Agreement, the Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings and replacements of any of the foregoing, constitute "Senior Indebtedness" of Borrower within the meaning of the Senior Subordinated Note Indenture, and the holders thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 13 of the Senior Subordinated Note Indenture.

Appears in 1 contract

Samples: Loan Agreement (Fairfield Manufacturing Co Inc)

Subordination of Subordinated Indebtedness. This ------------------------------------------ Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Sixth Amendment, and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatementsmodifications, extensions, renewals, extensionsrefinancings and refundings hereof, restructurings, supplements, modifications, refinancings, refundings, or replacements hereof and thereof constitute the "Senior Credit Agreement" within the meaning of the Senior Bridge Note Purchase Agreement and the Ramsay Subordinated Note IndenturePurchase Agreement; this Agreement, together with each of the other Loan Documents and all amendments, modifications, extensions, renewals, refinancings and refundings hereof and thereof, constitute "Senior Credit Documents" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Subordinated Note Purchase Agreement; and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations, the Debt Repurchase Loans Obligations and all other Obligations of Borrower to the Agent Lenders and the Lenders Agents under this Agreement, the Term Notes, the Revolving Credit Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 of the Senior Subordinated Note Indenture, and all further amendments, amendments and restatementsmodifications, extensions, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings and replacements or refinancings of any of the foregoing, foregoing constitute "Senior Indebtedness" of Borrower within the meaning of the Senior Bridge Note Purchase Agreement and the Ramsay Subordinated Note IndenturePurchase Agreement, and the holders thereof of the Bridge Notes and the holders of the Ramsay Subordinated Note from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 13 9 of the Senior Bridge Note Purchase Agreement and pursuant to Section 4 of the Ramsay Subordinated Note IndenturePurchase Agreement, respectively.

Appears in 1 contract

Samples: Credit Agreement (Ramsay Health Care Inc)

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