Additional Subordinated Indebtedness definition

Additional Subordinated Indebtedness means Indebtedness of Borrowers owing to the Junior Creditor (as defined in the Intercompany Subordination Agreement) which (a) is evidenced by the Subordinated Note, (b) constitutes additional funds borrowed by Borrowers from the Junior Creditor after the Closing Date which are payable on terms and conditions substantially similar to those applying to the Indebtedness evidenced by the Subordinated Note, as amended, (c) constitutes Junior Debt under (and as defined in) the Intercompany Subordination Agreement, and (d) is timely reflected in financial statements delivered by Borrowers to Agent pursuant to Section 5.1.

Additional Subordinated Indebtedness means any Indebtedness of the Borrower issued subsequent to the Closing Date which by its terms is expressly subordinated in right of payment to the prior payment of the Obligations under this Agreement and the other Loan Documents containing terms and conditions (including without limitation subordination provisions) reasonably satisfactory to the Administrative Agent.

Additional Subordinated Indebtedness shall have the meaning provided in Section 8.04(h).

Examples of Additional Subordinated Indebtedness in a sentence

• The foregoing waiver shall be limited as written and shall not be deemed to operate as a waiver of compliance with Section 7.10(a) for any Additional Subordinated Indebtedness issued to refund, refinance and/or repay the Subordinated Bridge Indebtedness or for any other purpose.

• Borrower has advised the Lenders that Borrower will issue Additional Subordinated Indebtedness not to exceed $500,000,000 in principal amount at or about the time of the consummation of the AIS Acquisition by Borrower to finance a portion of the purchase price of the AIS Acquisition (the "SUBORDINATED BRIDGE INDEBTEDNESS").

• Borrower has advised the Lenders that Borrower desires to refund, refinance and/or repay the Subordinated Bridge Indebtedness with the proceeds of an issuance of Additional Subordinated Indebtedness and/or an issuance of common stock or preferred stock of Holdings which issuance of such preferred stock requires no cash redemption or other principal payment prior to the date that is one year after the Termination Date (any such issuance of common or preferred stock, a "SPECIAL EQUITY Issuance").

• Concurrently with any prepayment of the Loans and/or reduction of the Commitments pursuant to this subsection 2.4B(iii)(c), Company shall deliver to Agent an Officers' Certificate demonstrating the derivation of the Net Debt Proceeds of the correlative issuance of Additional Subordinated Indebtedness from the gross sales price thereof and the calculation of the Subordinated Debt Repayment Amount.

• So long as any of the Notes remains outstanding, the Issuer will not, and it shall not cause or permit any Subsidiary of the Issuer to, incur, issue or be obligated on any Additional Subordinated Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than Additional Subordinated Indebtedness that, by its terms, is expressly stated to be either junior and subordinate or pari passu in all respects to the Notes.

More Definitions of Additional Subordinated Indebtedness

Additional Subordinated Indebtedness means Indebtedness payable to sellers in connection with Permitted Acquisitions that by its terms is subordinated to the payment of the principal of and interest on the Loans and Reimbursement Obligations.

Additional Subordinated Indebtedness means Indebtedness for borrowed money incurred by the Borrower after the Effective Date in an aggregate principal amount not to exceed $200,000,000 at any time outstanding which complies with the following requirements:

Additional Subordinated Indebtedness means any Subordinated Indebtedness permitted under Section 15(a) (Indebtedness), which Subordinated Indebtedness is issued or incurred after the Effective Date.

Additional Subordinated Indebtedness means Borrower’s Subordinated Indebtedness in an original aggregate principal amount of at least $13,500,000 provided by KFE, LLC (“KFE”), L. Xxxxx Associates, JV (“LMA”), and JCP III SM AIV, L.P. (“JCP”; and together with KFE and LMA, collectively the “Subordinated Lenders”) on the First Amendment Date in accordance with the terms and conditions of that certain Amended and Restated Promissory Note by Borrower in favor of the Subordinated Lenders, a copy of which is annexed hereto as Exhibit A, and subject to the terms of that certain Amended and Restated Subordination Agreement dated as of November 22, 2017 made by the Subordinated Lenders in favor of the Agent (the “Amended and Restated Subordination Agreement”) a copy of which is annexed hereto as Exhibit B, which Amended and Restated Subordination Agreement amends and restates that certain Subordination Agreement dated as of September 30, 2016 made by the Subordinated Lenders in favor of the Agent.

Additional Subordinated Indebtedness unsecured Indebtedness for borrowed money of the Borrower or any of its Subsidiaries incurred after the Closing Date which (i) requires no cash payments of principal prior to the date that is one year after the Termination Date as defined in the Facility A Credit Agreement, (ii) such Indebtedness does not contain limitations on the ability of Borrower or any of its Subsidiaries to incur Indebtedness which are more restrictive than those found in Section 4.09 (Incurrence of Indebtedness and Issuance of Preferred Stock) of any of the Original Indenture, the New Subordinated Debt Indenture or the December 1998 Subordinated Debt Indenture, and

Additional Subordinated Indebtedness means (i) additional convertible subordinated notes issued to Videotron which are substantially in the form of Addendum B to the Lender Subordination Agreement and (ii) other subordinated Indebtedness issued by Holdings to Videotron or a Strategic Equity Investor with terms substantially identical to the convertible subordinated promissory notes attached as Addendum B to the Lender Subordination Agreement in terms of maturities, no cash payments prior to maturity, covenants, events of default, and subordination provisions.

Additional Subordinated Indebtedness means any Indebtedness of Borrower (other than Initial Subordinated Indebtedness) which is subordinated to the Note, in a manner and to an extent which the Lender has determined to be satisfactory, as evidenced either (a) by a writing sent to the Borrower prior to the creation of such Indebtedness, which consent will not be unreasonably denied or delayed or (b) by the lapse of ten (10) Business Days without objection of the Lender following the delivery to the Lender in writing of a request for such consent together with the form of agreement setting forth the manner and extent of the proposed subordination.