New Subordinated Note Indenture definition

New Subordinated Note Indenture means that certain Indenture among the Borrower, certain Subsidiaries of the Borrower, and Chase Manhattan Bank and Trust Company, National Association, as trustee, dated as of March 4, 1999, as the same may be amended, restated, supplemented or otherwise modified in accordance with the terms of this Agreement.

New Subordinated Note Indenture means the New Subordinated Note Indenture, as in effect on the Closing Date and without giving effect to any amendments, waivers or modifications thereto, or any termination, repayment, defeasance, redemption, repurchase, or expiration thereof, in each case unless separately expressly consented to in accordance with Section 11.1 (

New Subordinated Note Indenture means the indenture pursuant to which the New Subordinated Notes are issued, in a form delivered to Agents and Lenders on or prior to the Effective Date, with such changes thereto as are permitted under subsection 7.12B and as such indenture may thereafter be amended, restated, supplemented or otherwise modified from time to time to the extent permitted under subsection 7.12B.

Examples of New Subordinated Note Indenture in a sentence

• Except with respect to specific property encumbered to secure payment of particular Indebtedness or to be sold pursuant to an executed agreement with respect to an Asset Sale, neither Company nor any of its Subsidiaries shall enter into any agreement (other than the New Subordinated Note Indenture) prohibiting the creation or assumption of any Lien upon any of its properties or assets, whether now owned or hereafter acquired.

• The Borrower shall not designate, create or permit to exist any (a) Designated Senior Indebtedness (as defined in the Convertible Subordinated Note Indenture) and (b) Designated Senior Indebtedness (as defined in the New Subordinated Note Indenture), in each case other than obligations arising under the Loan Documents.

• In order to preserve GenTek's corporate structure subject to the Restructuring Transactions, and for the deemed benefit of the holders of the New Securities, subject to any applicable restrictions arising under the Exit Facility, the New Senior Note Indenture, and the New Subordinated Note Indenture, each such Subsidiary Debtor (other than Noma Company) will issue new common stock which will, be held by its former majority stockholder or any successor thereto under the Restructuring Transactions.

• The Borrower shall not ------------------------------ designate, create or permit to exist any (a) Designated Senior Indebtedness (as defined in the Convertible Subordinated Note Indenture) and (b) Designated Senior Indebtedness (as defined in the New Subordinated Note Indenture), in each case other than obligations arising under the Loan Documents.

• Upon the Closing, the Old Debt Agreements shall be superseded by this Agreement, the New Subordinated Note Indenture and (to the extent applicable) the other Restructuring Documents and shall be of no further force and effect (provided that the Existing Subordinated Obligations shall have been renewed, extended and otherwise satisfied pursuant to subsections 3.2(a) and (b)).

More Definitions of New Subordinated Note Indenture

New Subordinated Note Indenture means the Indenture, dated as of June 11, 1999, between the New Subordinated Note Indenture Trustee and the Borrower pursuant to which the New Subordinated Notes were issued, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.2.13.

New Subordinated Note Indenture means the Indenture, dated as of January 26, 2006, pursuant to which the New Subordinated Notes were issued between the Company and HSBC, as the initial trustee, as amended, supplemented or otherwise modified and in effect from time to time in accordance with Section 8.11 (

New Subordinated Note Indenture means the indenture dated as of March 29, 2001, between Terex, the Guarantors identified therein and United States Trust Company of New York, as trustee, as in effect on the Restatement Closing Date and as thereafter amended from time to time in accordance with the requirements thereof and hereof, pursuant to which the New Subordinated Notes are issued.

New Subordinated Note Indenture means the Indenture dated as of ------------------------------- March 3, 1999 between Borrower and State Street Bank and Trust Company, as Trustee, relating to the New Subordinated Notes.

New Subordinated Note Indenture means that certain Trust Indenture to be executed by (a) Reorganized BIC in connection with the Vestar Transaction, or (b) Reorganized BIUSA in connection with the Institutional Holders' Conversion Transaction, and the Indenture Trustee named therein with respect to the issuance of the New Subordinated Notes. The New Subordinated Note Indenture shall be acceptable in form and substance to the Indenture Trustee and (i) with respect to the Vestar Transaction, to Vestar and the underwriter of the New Subordinated Notes, and (ii) with respect to the Institutional Holders' Conversion Transaction, to the Institutional Holders.

New Subordinated Note Indenture means the Senior Subordinated Note Indenture dated as of May 19, 1995, as such Indenture may be amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions of subsection 7.14. ``NEW SUBORDINATED NOTES'' means the 10-3/8% Series A Senior Subordinated Notes due May 15, 2005 issued by Company and the 1996 Subordinated Notes. ``NEW SUBSIDIARY'' has the meaning assigned to that term in subsection 6.13.

New Subordinated Note Indenture means the Indenture with respect to the New Subordinated Debt Securities, as the same may be supplemented, amended or otherwise modified from time to time to the extent permitted hereunder.