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

  • EXHIBIT H FORM OF FOREIGN SUBSIDIARY SUBORDINATION AGREEMENT [See attached] FORM OF FOREIGN SUBSIDIARY SUBORDINATION AGREEMENT 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).

  • 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.

  • 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.

  • 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.


More Definitions of Foreign Subsidiary Subordination Agreement

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
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

Related to Foreign Subsidiary Subordination Agreement

  • Affiliate Subordination Agreement means an Affiliate Subordination Agreement in the form of Exhibit F 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, in substantially the form attached as Exhibit Q hereto, by and among the Subsidiary Guarantors and the Agent.

  • Foreign Subsidiary Holdco means any Restricted Subsidiary which is organized under the laws of the United States (as defined for purposes of Section 956 of the Code) that has no material assets other than the Capital Stock and, if any, Indebtedness of (1) one or more Foreign Subsidiaries that are “controlled foreign corporations” as defined by Section 957 of the Code or (2) any other Foreign Subsidiary Holdco.

  • Holdings Pledge Agreement means the Holdings Pledge Agreement, dated as of the Closing Date, among Holdings and the Collateral Agent.

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

  • Non-Guarantor Subsidiary means any Subsidiary of the Borrower that is not a Subsidiary Guarantor.

  • Subordination Agreement means any subordination or intercreditor agreement(s) entered into with respect to any subordinate financing related to the Project, as the same may be amended, supplemented or restated.

  • 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.

  • 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 executed and delivered by the Borrower pursuant to Section 5.1.5, substantially in the form of Exhibit F-1 hereto, as amended, supplemented, restated or otherwise modified from time to time.

  • Subordination Agreements means all subordination agreements executed by a holder of Subordinated Debt in favor of the Administrative Agent and the Lenders from time to time after the Closing Date.

  • Subsidiary Agreements means said agreements collectively.

  • Foreign Subsidiary Holding Company means any Domestic Subsidiary that is a direct parent of one or more Foreign Subsidiaries and holds, directly or indirectly, no other assets other than Equity Interests of Foreign Subsidiaries and other de minimis assets related thereto.

  • 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.

  • 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 unsecured Indebtedness incurred by the Borrowers and any Subsidiary Guarantors (a) that is subordinated to the obligations of the Borrowers to pay principal of and interest on the Loans, Reimbursement Obligations, fees and other amounts payable hereunder and under the other Loan Documents, (b) that does not mature or have scheduled amortization or payments of principal prior to the date that is ninety-one (91) days after the Latest Maturity Date at the time such Indebtedness is incurred, (c) the terms of which do not require the Borrowers or any of their Subsidiaries to repurchase, repay or redeem such Indebtedness (or make an offer to do any of the foregoing) upon the happening of any event (other than as a result of an event of default thereunder or pursuant to customary “change of control” provisions or asset sale offers) prior to the 91st day following the Latest Maturity Date at the time such Indebtedness is incurred and (d) the documentation for which provides for covenants, events of default and terms that the Borrowers determine are market for similar financings at the time such Indebtedness is issued; provided that in no event shall such documentation contain any financial maintenance covenant (which term does not apply to incurrence-based financial tests that may be included in such documentation); provided, further, that at the time of incurrence, on a pro forma basis after giving effect to the incurrence of such Indebtedness, Borrowers shall be in compliance with Section 8.10 as of the last day of the most recent fiscal quarter of the Borrowers for which financial statements are available.

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

  • Foreign Pledge Agreement means a pledge or charge agreement with respect to the Collateral that constitutes Equity Interests of a Foreign Subsidiary, 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 the proceeds of the Financing available to the Project Implementing Entity.