Examples of Holdings Subordinated Debt in a sentence
Neither Holdings, the Borrower nor any of its Subsidiaries shall make any payment or prepayment of principal, interest, fees or other charges on or with respect to, or any redemption, purchase, repurchase, retirement, defeasance, sinking fund or payment on any claim for damages or rescission with respect to the Holdings Subordinated Debt, the Indebtedness evidenced by the Senior Subordinated Notes or any other Permitted Subordinated Debt.
The subordination provisions of the documents and instruments evidencing the Senior Subordinated Notes, the Deferred Limited Interest Guaranty, the MCIT Turnover Agreement, the Holdings Turnover Agreement, the Jordan Management Agreement, any Permitted Subordinated Indebtedness, Holdings Subordinated Debt or any other Permitted Holdings Indebtedness shall, at any time, be invalidated or otherwise cease to be in full force and effect.
Holdings will not own or acquire any assets (other than shares of capital stock of the Borrower, cash and Permitted Investments) or incur any liabilities (other than liabilities under the Loan Documents, liabilities imposed by law, including tax liabilities, liabilities resulting from any issuance of Holdings Subordinated Debt permitted by Section 6.01(b) and other liabilities incidental to its existence and permitted business and activities).
The subordination provisions contained in the Senior Subordinated Notes, the Holdings Subordinated Debt, the Holdings Notes and the Junior Subordinated Notes are enforceable against the Restricted Parties party thereto and the holders thereof, and all Obligations and Guaranteed Obligations are within the definition of "Senior Indebtedness" or "Guarantor Senior Indebtedness," as the case may be, included in such subordination provisions.
There is no fact known to Borrower or which reasonably should be known to Borrower which Borrower has not disclosed to Agent in writing with respect to the transactions contemplated by the Seller Note, the Holdings Subordinated Debt, the stock purchase agreements between Holdings and Pewter Hill Partners, LLC and between Holdings and Wire Mill Partners III, LLC, or this Agreement, which could reasonably be expected to have a Material Adverse Effect.