Subordination to Senior Debt. Anything in this Debenture to the contrary notwithstanding, the obligations of the Company in respect of the principal of and interest (including any premium or penalty) on this Debenture and any other amounts due under this Debenture (the "Subordinated Debt") shall be subordinate and junior in right of payment, to the extent and in the manner hereinafter set forth, to the Senior Debt. "Senior Debt", when used with respect to the Company, means (i) the Company's indebtedness to North Fork Bank ("Bank") under (A) that certain $640,000.04 Restated and Amended Term Loan Note, dated April 25, 1997, and (B) that certain $2,200,000 Sixth Restated and Amended Revolving Credit Note, dated April 25, 1997, in each case, together with interest thereon and (ii) renewals, extensions, refinancings, deferrals, restructurings, amendments, modifications and waivers of the indebtedness described in clause (i) above.
Appears in 3 contracts
Samples: Purchase Agreement (Logimetrics Inc), Convertible Debenture Agreement (Logimetrics Inc), Amended and Restated Class B 13% Convertible Senior Subordinated Pay in Kind Debenture (Logimetrics Inc)
Subordination to Senior Debt. Anything in this Debenture to the contrary notwithstanding, the obligations of the Company in respect of the principal of and interest (including any premium or penalty) on this Debenture and any other amounts due under this Debenture (the "Subordinated Debt") shall be subordinate and junior in right of payment, to the extent and in the manner hereinafter set forth, to the Senior Debt. "Senior Debt", when used with respect to the Company, means only the following (and no other indebtedness of any kind or nature whatsoever): (i) the Company's indebtedness to North Fork Bank ("Bank") under (A) that certain $640,000.04 Restated and Amended Term Loan Note, dated April 25, 1997, and (B) that certain $2,200,000 Sixth Restated and Amended Modified Revolving Credit Note, dated April 2530, 19971998, in each case, together with interest thereon and (ii) renewals, extensions, refinancings, deferrals, restructurings, amendments, modifications and waivers of the indebtedness described in clause (i) above; provided, however, that the principal amount of the Senior Debt shall not exceed $2.8 million.
Appears in 2 contracts
Samples: Convertible Debenture Agreement (Logimetrics Inc), Purchase Agreement (Logimetrics Inc)
Subordination to Senior Debt. Anything in this Debenture to the contrary notwithstanding, the obligations of the Company in respect of the principal of and interest (including any premium or penalty) on this Debenture and any other amounts due under this Debenture (the "Subordinated Debt") shall be subordinate and junior in right of payment, to the extent and in the manner hereinafter set forth, to the Senior Debt. "Senior Debt", when used with respect to the Company, means (i) the Company's indebtedness to North Fork Bank ("Bank") under (A) that certain $640,000.04 Restated 800,000 Further Restated, Increased and Amended Term Loan Note, dated April 25March 7, 19971996, and (B) that certain $2,200,000 Sixth Fifth Restated and Amended Revolving Credit Note, dated April 25March 7, 19971996, in each case, together with interest thereon and (ii) renewals, extensions, refinancings, deferrals, restructurings, amendments, modifications and waivers of the indebtedness described in clause (i) above.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Logimetrics Inc), Convertible Debenture (Logimetrics Inc)