Existing Subordinated Note Indenture definition

Existing Subordinated Note Indenture means the indenture pursuant to which the Existing Subordinated Notes were issued, as amended pursuant to the Consent Solicitation and as such indenture may be further amended from time to time.

Existing Subordinated Note Indenture means the indenture dated as of June 28, 2002, between the Borrower and U.S. Bank National Association, as the senior subordinated note indenture trustee, as amended from time to time.

Existing Subordinated Note Indenture means the indenture dated as of July 20, 2007, among Terex, the guarantors identified therein and HSBC Bank USA, National Association, as trustee, as in effect on the Effective Date and as thereafter amended from time to time in accordance with the requirements thereof and hereof, pursuant to which the Existing Senior Subordinated Notes were issued.

Examples of Existing Subordinated Note Indenture in a sentence

• Neither Company nor any of its Consolidated Subsidiaries will amend or otherwise change the subordination provisions of the Existing Subordinated Notes or the Existing Subordinated Note Indenture, or make any payment consistent with such an amendment or change.

• The amounts so paid to the Existing Note Payoff Account shall be sufficient to repay all of the Indebtedness and other obligations of Borrowers and Guarantors evidenced by or arising under the Existing Subordinated Note Indenture and the other Existing Subordinated Note Agreements and Borrowers and Guarantors shall provide to Agent evidence, in form and substance satisfactory to Agent, of same.

• No other funds shall be held in the Existing Note Payoff Account and all of the funds held therein shall only be used to repay the Indebtedness and other obligations of Borrowers and Guarantors evidenced by or arising under the Existing Subordinated Note Indenture and the other Existing Subordinated Note Agreements on or before October 22, 2003.

• Promptly after the sending or filing thereof, the Borrower shall send the Administrative Agent copies of all material notices, certificates or reports delivered pursuant to, or in connection with, the New Senior Secured Note Indenture, the Existing Senior Secured Note Indenture or, so long as any Existing Subordinated Notes remain outstanding, the Existing Subordinated Note Indenture.

• Pursuant to the Consent Solicitation, -------------------- Holdings shall have obtained all such consents and amendments with respect to the Existing Subordinated Note Indenture as may be required to permit the consummation of the Recapitalization Transactions, the related financings (including the incurrence of the Obligations hereunder) and the other transactions contemplated by the Loan Documents.

More Definitions of Existing Subordinated Note Indenture

Existing Subordinated Note Indenture means the Indenture dated as of April 4, 2001 with Bankers Trust Company, as Trustee (as amended, restated, supplemented or otherwise modified) executed by the Borrower in connection with the Existing Subordinated Debt.

Existing Subordinated Note Indenture means the Indenture dated as of April 1, 1992 among Company, as issuer, and the Existing Subordinated Note Trustee, as supplemented to the date hereof and as such Indenture may be amended, supplemented or otherwise modified from time to time after the Effective Date.

Existing Subordinated Note Indenture means the Indenture dated as of June 1, 1994 between the Borrower and Chemical Bank (now known as Chase) as Trustee, as supplemented by the First Supplemental Indenture dated as of July 12, 1994, the Second Supplemental Indenture dated as of September 20, 1994 and the Third Supplemental Indenture dated as of September 30, 1994, in each case as the same may be amended, supplemented, waived or otherwise modified from time to time.

Existing Subordinated Note Indenture means the Indenture, dated April 6, 1999, by and between Parent, as issuer, the Existing Subordinated Note Guarantors, as subsidiary guarantors, and the Existing Subordinated Note Trustee, as trustee, as the same now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced.

Existing Subordinated Note Indenture means the Indenture, dated as of February 15, 1987, between Company and The Bank of New York as assignee of First Interstate Bank of California, as amended by Amendment Number 1, as such indenture may be further amended from time to time to the extent permitted under subsection 7.13B.

Existing Subordinated Note Indenture means that certain Indenture, dated as of June 21, 2000, between the Borrower, as issuer, and HSBC Bank USA, as trustee, as amended by the Supplemental Indenture thereto dated as of May 6, 2002, the Second Supplemental Indenture thereto dated as of August 22, 2002, the Third Supplemental Indenture thereto dated as of April 25, 2005 and the Fourth Supplemental Indenture thereto dated as of February 14, 2008.

Existing Subordinated Note Indenture means the Indenture, dated as of February 15, 1987, between the Company and The Bank of New York as assignee of First Interstate Bank of California, as amended by Amendment Number 1, as such indenture may be further amended from time to time to the extent permitted under Section 9.13(b).