Existing Senior Indebtedness definition

Existing Senior Indebtedness means any and all Indebtedness and other Obligations of Borrower under or evidenced by (i) that certain Credit Agreement dated as of June 1, 1995 by and among Borrower, as borrower, First Interstate Bank of Nevada, N.A., as agent, and the Financial Institutions named therein, as Lenders, as the same may be amended from time to time, or (ii) any other document or instrument evidencing or securing such Indebtedness, including, without limitation, that certain Promissory Note due December 31, 2001, dated as of July 5, 1995 and made by Ameristar Casinos, Inc. to First Interstate Bank of Nevada, N.A., as Agent for the Lenders under the Credit Agreement referred to above, as the same may be amended from time to time, and that certain Pledge Security Agreement dated as of June 1, 1995 by and between Borrower, as Pledgor, and First Interstate Bank of Nevada, N.A., as Agent for the Lenders under the Credit Agreement referred to above, as the same may be amended from time to time.

Existing Senior Indebtedness means the indebtedness incurred by the Borrower and certain of its Subsidiaries under the Senior Credit Agreement.

Existing Senior Indebtedness means the Indebtedness of the Company and its Subsidiaries at any time outstanding under the Amended and Restated Credit Agreement (as amended, modified, supplemented or restated and in effect from time to time, the “Senior Credit Agreement”), dated as of September 22, 2004, among the Company, certain affiliates of the Company (together with the Company, the “Borrowers”), Wet Seal GC, Inc. (the “Guarantor”), Fleet Retail Group, Inc., Fleet National Bank (together with Fleet Retail Group, Inc., the “Revolving Credit Lenders”) and Back Bay Capital Funding LLC, including any refinancing thereof.

Examples of Existing Senior Indebtedness in a sentence

• No Guarantor will incur, create, issue, assume or guarantee any Indebtedness that is contractually subordinate in right of payment to any other Indebtedness of such Guarantor other than Existing Senior Indebtedness unless such Indebtedness is also contractually subordinated in right of payment to such Guarantor’s Guarantee on substantially similar terms.

• All payments due under this Note (a) shall rank pari passu with all Other Notes, (b) shall rank subordinate to the Existing Senior Indebtedness in accordance with and subject to the terms of the Subordination Agreement and (c) shall be senior to all other Indebtedness of the Company and its Subsidiaries.

• All instruments and documents given to secure or evidence the Existing Senior Indebtedness.

• The security interest granted by each Debtor to Secured Party in the Collateral constitutes a valid and enforceable Lien and first priority security interest in the Collateral, except that such security interest shall be second in such priority only to the security interests securing the Existing Senior Indebtedness.

• Pledgor has good, indefeasible and merchantable title to and ownership of the Collateral, free and clear of all Liens other than Liens granted as of the date hereof, if any, by Pledgor to Silicon Valley Bank pursuant to the Senior Credit Agreement to secure the Existing Senior Indebtedness (the “Senior Lien”).

More Definitions of Existing Senior Indebtedness

Existing Senior Indebtedness means, collectively, (i) the Tregale Senior Debt, of which $2,298,259 is outstanding as of the Original Issue Date and (ii) past-due rent in an amount equal to $997,668 on the Original Issue Date payable to PCCP DJ ORTHO, LLC, a Delaware limited liability company (“Landlord”) under the Standard Industrial/Commercial Single-Tenant Lease —Net dated February 12, 2009, by and between the Company and Landlord, as amended from time to time.

Existing Senior Indebtedness means, at any time, any and all Indebtedness and other obligations of the Loan Parties outstanding under and pursuant to the documentation relating to the Existing Credit Facilities at such time.

Existing Senior Indebtedness has the meaning specified in Section 9.01.

Existing Senior Indebtedness means (i) that certain Promissory Note dated June 6, 2011 (as the same may be amended, restated or amended and restated hereafter from time to time), by the Company and CAMAC Petroleum Limited, a wholly owned subsidiary of the Company (“CPL”), in favor of Allied Energy Plc, (ii) Indebtedness under the Term Loan Agreement dated September 30, 2104 between CPL and Zenith Bank Plc, and (iii) any Indebtedness incurred in the refinancing thereof.

Existing Senior Indebtedness means any Indebtedness of the Company under the Credit Facilities and all refinancings and refundings thereof, unless the instrument creating or evidencing such Indebtedness provides that such Indebtedness is not senior or superior, in right of payment, to this Note or to other Indebtedness which is pari passu with, or subordinated to, this Note; provided, that, the principal amount of Existing Senior Indebtedness shall be limited to an aggregate amount at any time outstanding not to exceed $4,400,000. Notwithstanding the foregoing, in no event shall Existing Senior Indebtedness include (a) Indebtedness of the Company owed or owing to any Subsidiary of the Company or any officer, director or employee of the Company or any Subsidiary of the Company, (b) Indebtedness to trade creditors or (c) any liability for taxes owed or owing by the Company.

Existing Senior Indebtedness means the existing first lien senior indebtedness of the Company governed by the Credit Agreement.

Existing Senior Indebtedness means the Indebtedness of the Company and its Subsidiaries at any time outstanding under the Senior Credit Agreement and the Bridge Credit Agreement.