Other Senior Indebtedness definition

Other Senior Indebtedness has the meaning set forth in Section 1.1(a).

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Other Senior Indebtedness means, collectively, the Senior Notes and the SIG Notes.

Other Senior Indebtedness means all Indebtedness (other than Senior Indebtedness) that is not in any manner subordinate in right of payment of any Beneficiary Indebtedness then outstanding (including the Obligations (as defined in the Note Purchase Agreement)) and obligations arising under any applicable definitive documentation governing such Indebtedness, including without limitation and duplication, in each case, (a) Post-Petition Interest and (b) all fees, costs, charges and expenses (including reasonable attorney fees, costs and expenses), accrued or incurred after the commencement of any Insolvency Proceeding, whether or not allowed or allowable in such Insolvency Proceeding, which Indebtedness is incurred by the Obligors, or any of them, subject to the terms and conditions set forth in the Credit Agreement, from time to time, and for which a subordination agreement in form and substance substantially the same as this Agreement, mutatis mutandis, has been executed and delivered by the Subordinated Creditor and is in effect as of any date of determination. For the avoidance of doubt, to the extent any payment with respect to any Other Senior Indebtedness (whether by or on behalf of any Credit Party, as proceeds of Collateral, enforcement of any Lien, right of setoff or otherwise) is declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor-in- possession, trustee, a creditor, any Subordinated Debt Party, receiver or similar Person, then the obligation or part thereof originally intended to be satisfied shall, for the purposes of this Agreement and the rights and obligations of the holders of such Other Senior Indebtedness and each Subordinated Debt Party, be deemed to be reinstated and outstanding as if such payment had not occurred.

Examples of Other Senior Indebtedness in a sentence

Each Guarantor may consolidate with or merge into or transfer or sell all or substantially all its assets to a Person other than the Company or another Guarantor (whether or not affiliated with the Guarantor), except that if the surviving Person of any such merger or consolidation, or the Person to whom such sale is made, will be an Other Senior Indebtedness Guarantor, such Person shall execute a Subsidiary Guarantee.
The Loans to be made with respect to any Notice of Borrowing submitted by the Borrower under this Agreement are and at the time of the incurrence of the Indebtedness evidenced by such Loans will be permitted under the Indenture, the Master Letter of Credit Agreement, the Pari Passu Credit Agreement and the Other Senior Indebtedness and will not be in violation or breach of any term contained therein.
The Borrower shall not make any voluntary prepayments of principal of the Other Senior Indebtedness prior to the Maturity Date then in effect if at such time a Default has occurred and is continuing or if, upon the making such payment, a Default or Material Adverse Effect would occur.
The Loans to be made with respect to any Notice of Borrowing submitted by the Borrower under this Agreement are and at the time of the incurrence of the Indebtedness evidenced by such Loans will be permitted under the Indenture, and the Other Senior Indebtedness and will not be in violation or breach of any term contained therein.
Pending application thereof in accordance with Section 4.06(a), the Company shall either apply the Net Proceeds of any Asset Sale to repay temporarily Other Senior Indebtedness or invest such Net Proceeds in Qualified Investments.

More Definitions of Other Senior Indebtedness

Other Senior Indebtedness means, (a) prior to the Distribution Date, any Indebtedness of the Company which: (i) is Incurred after the date hereof; (ii) is stated as being senior to the Notes; (iii) may be Incurred only if immediately after the Incurrence of such Indebtedness, the Consolidated Adjusted Debt to Adjusted EBITDA Ratio is less than 3.5 to 1.00; and (iv) when aggregated with all Indebtedness Incurred and outstanding prior to the date such Indebtedness is Incurred under the Credit Agreement (without regard to Indebtedness Incurred pursuant to the second proviso to the definition thereof), the Senior Notes and Other Senior Indebtedness, does not exceed $1,500,000,000; and (b) after the Distribution Date, any Indebtedness of the Company Incurred after the Distribution Date that does not constitute Indebtedness of the type described in clauses (i) through (vii), inclusive, of the second sentence of the definition of “Senior Indebtedness”.

Other Senior Indebtedness shall have the meaning ascribed thereto in Section 10.3(c)(vi).

Other Senior Indebtedness has the meaning specified in the Subordination Agreement.

Other Senior Indebtedness means, at any date, outstanding Indebtedness of the Company, other than the Securities, that is pari passu in any respect in right of payment with the Securities, including, without limitation, Indebtedness outstanding under the Secured Credit Facility.

Other Senior Indebtedness means, at each relevant time of determination, the Obligations as defined in the Existing Credit Agreement and the Obligations as defined in the Replacement Revolving Credit Facility, in each case for the benefit of whom Subordinated Creditor has agreed (either by signing a subordination agreement or accepting a note containing subordination language) to subordinate Obligor Debt.

Other Senior Indebtedness means any Indebtedness of the Company or any Subsidiary thereof (i) with a payment and Lien priority that is pari passu with and otherwise equal to the Obligations (and that does not constitute subordinated, junior, second-lien or similar Indebtedness), (ii) that is subject to the Collateral Sharing Agreement (including, without limitation, the holders thereof and any Liens granted in respect thereof), and (iii) when incurred, was incurred in compliance with the terms of this Agreement, including, without limitation, pro forma compliance with Section 6.09 hereof, in each case as such Indebtedness may be replaced or refinanced so long as no Default of Event of Default is then outstanding or results therefrom.

Other Senior Indebtedness means senior unsecured Indebtedness of the Company and its Subsidiaries other than the Notes (including, without limitation, Existing Indebtedness) and any renewal, extension, refunding, replacement or refinancing thereof.