Foreign Subsidiary Subordination Agreement definition

Foreign Subsidiary Subordination Agreement is defined in Section 4.01(a)(xiv).
Sample 1Sample 2Sample 3
Foreign Subsidiary Subordination Agreement means, collectively, those certain subordination agreements, substantially in the form attached hereto as Exhibit E.
Sample 1
Foreign Subsidiary Subordination Agreement means that certain Subordination Agreement, substantially in the form of EXHIBIT J attached hereto, executed by each of the Foreign Subsidiaries pursuant to Section 7.01(g) hereof, either as originally executed or as hereafter amended or modified.
Sample 1

Examples of Foreign Subsidiary Subordination Agreement in a sentence

  • By: Name: Title: This Foreign Subsidiary Subordination Agreement, dated as of July __, 2007, is among Buckeye Technologies Inc., a Delaware corporation (the "Company"), the Foreign Subsidiaries party hereto from time to time and Bank of America, N.A., as Administrative Agent (the "Agent") for itself and the other Lenders under the Credit Agreement (as defined below).

  • By: Name: Title: This Foreign Subsidiary Subordination Agreement, dated as of [______ __], 20[__], is among Buckeye Technologies Inc., a Delaware corporation (the “Company”), the Foreign Subsidiaries party hereto from time to time and Bank of America, N.A., as Administrative Agent (the “Agent”) for itself and the other Lenders under the Credit Agreement (as defined below).

  • Each of the material Foreign Subsidiaries of the Company shall have entered into a Subsidiary Subordination Agreement in substantially the form of Exhibit 5.1.4 (the "Foreign Subsidiary Subordination Agreement") and shall have delivered it to the Agent.

  • In addition, the Company and Guarantors (other than NTL Delaware) shall have executed a secured superpriority guaranty in form and substance satisfactory to the Lenders, of the obligations under the Existing Note on a pari passu basis with the Obligations hereunder, which guaranty shall, in the case of NCC, be subject to the Foreign Subsidiary Subordination Agreement.

  • Each Lender authorizes and directs Agent to enter into this Agreement, the other Credit Documents and the Foreign Subsidiary Subordination Agreement, to the extent Agent is a party thereto, for the ratable benefit and obligation of the Agent and the Lenders.

  • The Term Loans and all other Obligations shall constitute, in accordance with section 364(c)(1) of the Bankruptcy Code, claims against the Credit Parties in their Chapter 11 Cases which are administrative expense claims having priority over any and all administrative expenses of the kind specified in section 503(b) or 507(b) of the Bankruptcy Code, except for Carve-Out Expenses, provided that any claims against NCC shall be subject to the Foreign Subsidiary Subordination Agreement.


More Definitions of Foreign Subsidiary Subordination Agreement

Foreign Subsidiary Subordination Agreement means: (a) for each Existing Foreign Subsidiary, the subordination agreement delivered by such Existing Foreign Subsidiary in connection with the Existing Credit Agreement, and (b) for each Foreign Subsidiary which becomes such following the Effective Date, a subordination agreement in the form of that attached hereto as Exhibit D, as in any case the same may be amended, extended and replaced from time to time
Sample 1
Foreign Subsidiary Subordination Agreement means a subordination agreement in the form of that attached hereto as Exhibit F, as the same may be amended, extended and replaced from time to time.
Sample 1

Related to Foreign Subsidiary Subordination Agreement

  • Affiliate Subordination Agreement means an Affiliate Subordination Agreement in the form of Exhibit B pursuant to which intercompany obligations and advances owed by any Loan Party are subordinated to the Obligations.

  • Intercompany Subordination Agreement means an intercompany subordination agreement, dated as of even date with this Agreement, executed and delivered by each Loan Party and each of its Subsidiaries, and Agent, the form and substance of which is reasonably satisfactory to Agent.

  • Subsidiary Security Agreement means the Subsidiary Security Agreement executed and delivered by existing Subsidiary Guarantors and Administrative Agent on the Closing Date and to be executed and delivered by any additional Subsidiary Guarantors from time to time thereafter in accordance with subsection 6.8, substantially in the form of Exhibit XVII annexed hereto, as such Subsidiary Security Agreement may be amended, supplemented or otherwise modified from time to time.

  • Foreign Subsidiary Holdco any Domestic Subsidiary that has no material assets other than the Capital Stock of one or more Foreign Subsidiaries, and other assets relating to an ownership interest in any such Capital Stock.

  • Holdings Pledge Agreement means the Pledge Agreement of even date herewith executed by Holdings in favor of Agent, on behalf of itself and Lenders, pledging all Stock of Borrower.

  • Foreign Subsidiary means any Subsidiary that is not a Domestic Subsidiary.

  • Non-Guarantor Subsidiary means any Restricted Subsidiary that is not a Subsidiary Guarantor.

  • Subordination Agreement means any subordination agreement in form and substance satisfactory to Administrative Agent entered into from time to time with respect to Subordinated Debt.

  • Guarantor Security Agreement means any security agreement executed by any Guarantor in favor of Agent securing the Obligations or the Guaranty of such Guarantor, in form and substance satisfactory to Agent.

  • Management Fee Subordination Agreement means that certain Amended and Restated Management Fee Subordination Agreement, dated as of the Closing Date, by and between the Sponsor and Agent and acknowledged by the Borrower.

  • Foreign Security Documents means any agreement or instrument entered into by any Foreign Subsidiary Borrower that is reasonably requested by the Collateral Agent providing for a Lien over the assets (including shares of other Subsidiaries) of such Foreign Subsidiary Borrower.

  • Subsidiary Loan Agreement means the agreement to be entered into between the Borrower and ECTEL pursuant to Section 3.01(b) of this Agreement, as the same may be amended from time to time; and such term includes all schedules to the Subsidiary Loan Agreement;

  • Borrower Pledge Agreement means the Pledge Agreement of even date herewith executed by Borrower in favor of Agent, on behalf of itself and Lenders, pledging all Stock of its Subsidiaries, if any, and all Intercompany Notes owing to or held by it.

  • Subordination Agreements means, collectively, any subordination agreements entered into by any Person from time to time in favor of Agent in connection with any Subordinated Debt, the terms of which are acceptable to the Agent, in each case as the same may be amended, restated or otherwise modified from time to time, and “Subordination Agreement” shall mean any one of them.

  • Foreign Subsidiary Holding Company means any Subsidiary the primary assets of which consist of Capital Stock in (i) one or more Foreign Subsidiaries or (ii) one or more Foreign Subsidiary Holding Companies.

  • Financing Subsidiary means (a) any Structured Subsidiary or (b) any SBIC Subsidiary.

  • Guarantor Subordinated Obligations means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) that is expressly subordinated in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement.

  • Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time.

  • Permitted Subordinated Indebtedness means Indebtedness incurred after the Closing Date by the Borrower or the Subsidiaries that is (i) subordinated to the Obligations and all other Indebtedness owing from the Borrower or the Subsidiaries to the Lender pursuant to a written subordination agreement satisfactory to the Lender in its sole discretion and (ii) in an amount and on terms approved by the Lender in its sole discretion.

  • Permitted Subordinated Debt means Indebtedness incurred by Credit Parties; provided that (i) such Indebtedness shall be subordinated in right of payment to the payment in full of the Obligations, (ii) such Indebtedness shall be either (x) unsecured or (y) secured by the Collateral on a junior basis (including with respect to the control of remedies) with the Obligations, (iii) if such Indebtedness is secured, the holders of such Indebtedness (or their senior representative or agent) and the Collateral Trustee shall be party to a subordination agreement reasonably satisfactory to the Requisite Holders, (iv) such Indebtedness shall not be at any time guaranteed by any Subsidiaries other than Subsidiaries that are Guarantors and the terms of such guarantee shall be no more favorable to the secured parties in respect of such Indebtedness than the terms of the Guarantee, (v) such Indebtedness shall have covenants, default and remedy provisions and other terms and conditions (other than interest, fees, premiums, funding discounts or optional prepayment or redemption provisions) that are substantially identical to, or less favorable to the investors providing such Indebtedness than, those set forth in this Indenture, (vi) the maturity date of such Indebtedness shall be no earlier than the date that is ninety one (91) days after the Stated Maturity Date, and (vii) there shall be no scheduled amortization of such Indebtedness, and such Indebtedness shall not be subject to mandatory redemption, repurchase, prepayment or sinking fund obligation (except customary asset sale or change-of-control provisions that provide for the prior repayment in full of the Notes and all other Obligations), in each case prior to the date that is ninety one (91) days after the Stated Maturity Date.

  • Non-Guarantor Restricted Subsidiary means any Restricted Subsidiary that is not a Subsidiary Guarantor.

  • Foreign Pledge Agreement means a pledge or charge agreement granting a Lien on Equity Interests in a Foreign Subsidiary to secure the Obligations, governed by the law of the jurisdiction of organization of such Foreign Subsidiary and in form and substance reasonably satisfactory to the Administrative Agent.

  • Subsidiary Guaranty Agreement means each unconditional guaranty agreement executed by the Subsidiary Guarantors in favor of the Administrative Agent for the ratable benefit of the Secured Parties, substantially in the form of Exhibit H, as amended, restated, supplemented or otherwise modified from time to time.

  • Guarantor Subsidiary means each Guarantor other than Holdings.

  • Guarantor Subordinated Obligation means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) which is expressly subordinate in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement.

  • Subsidiary Agreement means the agreement referred to in Section I.B of Schedule 2 to this Agreement pursuant to which the Recipient shall make part of the proceeds of the Financing available to the Project Implementing Entity.