Permitted Cure Debt means Indebtedness incurred in connection with the exercise of the Subordinated Debt Cure Right and (i) that is governed by documentation containing representations, warranties, covenants and events of default no more burdensome or restrictive than those contained in the Loan Documents, (ii) that has a maturity date later than the Maturity Date, (iii) in respect of which no cash payments of principal or interest are required prior to the Maturity Date, and (iv) in respect of which the holders have agreed in favor of Borrower and Lenders (A) that prior to the date on which the Commitments have expired or been terminated and all Obligations (other than those specifically surviving termination) have been paid in full in cash, such holders will not exercise any remedies available to them in respect of such Indebtedness, and (B) that such Indebtedness is unsecured, and (C) to terms of subordination in substantially the form attached hereto as Exhibit H or otherwise reasonably satisfactory to the Majority Lenders.
Permitted Cure Debt means Indebtedness incurred in connection with the exercise of the Subordinated Debt Cure Right and (a) that is governed by documentation containing representations, warranties, covenants and events of default no more burdensome or restrictive than those contained in the Loan Documents unless such terms are also offered to Lenders hereunder, (b) that has a maturity date later than the Maturity Date, (c) in respect of which no cash payments of principal or interest are required prior to the Maturity Date, and (d) in respect of which the holders have agreed in favor of Borrower, Administrative Agent and Lenders (i) that prior to the date on which the Commitments have expired or been terminated and all Obligations (other than inchoate indemnification obligations) have been paid in full indefeasibly in cash, such holders will not exercise any remedies available to them in respect of such Indebtedness, (ii) that such Indebtedness is unsecured, and (iii) to terms of subordination in substantially the form attached hereto as Exhibit G or otherwise satisfactory to the Majority Lenders.
Permitted Cure Debt means any Indebtedness (i) of (a) the Issuer that ranks subordinated in right of payment to the Securities or (b) any Guarantor that that ranks subordinated in right of payment to such Guarantor’s Guarantee, and, in each case reflects the payment subordination terms set forth in Exhibit E to this Indenture, (ii) that is unsecured and (iii) that has no scheduled cash interest or principal payments owing prior to the one year anniversary of the Stated Maturity of the Securities.
Examples of Permitted Cure Debt in a sentence
In any case, Borrower will provide all information provided to holders of Permitted Cure Debt, provided that any such material may be redacted by Borrower to exclude information relating to the Lenders (including Borrower’s strategy regarding the Loans).
Such Obligor will not, and will not permit any of its Subsidiaries to, directly or indirectly, enter into, incur or permit to exist any Restrictive Agreement other than (a) restrictions and conditions imposed by law or by the Loan Documents, (b) Restrictive Agreements listed on Schedule 7.15 to the Disclosure Letter, (c) restrictions or conditions imposed by an agreement relating to Permitted Priority Debt or Permitted Cure Debt and (d) prior to the first Borrowing Date, the Oxford Agreement.
More Definitions of Permitted Cure Debt
Permitted Cure Debt means Indebtedness incurred in connection with the exercise of the Subordinated Debt Cure Right and (a) that is governed by documentation containing representations, warranties, covenants and events of default no more burdensome or restrictive than those contained in the Loan Documents, (b) that has a maturity date at least six (6) months later than the Maturity Date, (c) in respect of which no cash payments of principal or interest are required prior to the Maturity Date, and (d) in respect of which the holders have agreed in favor of Borrower, Administrative Agent and Lenders (i) that prior to the date on which the Commitments have expired or been terminated and all Obligations have been paid in full indefeasibly in cash, such holders will not exercise any remedies available to them in respect of such Indebtedness, (ii) that such Indebtedness is unsecured, and (iii) to terms of subordination in an agreement in form and substance satisfactory to the Majority Lenders.
Permitted Cure Debt means Indebtedness incurred in connection with the exercise of the Subordinated Debt Cure Right and (i) that is governed by documentation containing representations, warranties, covenants and events of default no more burdensome or restrictive than those contained in the Loan Documents unless such terms are also offered to Lenders hereunder, (ii) that has a maturity date later than the Maturity Date, (iii) in respect of which no cash payments of principal or interest are required prior to the Maturity Date, and (iv) in respect of which the holders have agreed in favor of Borrower and Lenders (A) that prior to the date on which the Commitments have expired or been terminated and all Obligations have been paid in full indefeasibly in cash, such holders will not exercise any remedies available to them in respect of such Indebtedness, (B) that such Indebtedness is unsecured, and (C) to terms of subordination substantially in the form attached hereto as Exhibit H or otherwise satisfactory to the Majority Lenders.
Permitted Cure Debt means Indebtedness incurred in connection with the exercise of the Subordinated Debt Cure Right and (i) that is governed by documentation containing representations, warranties, covenants and events of default no more burdensome or restrictive, taken as a whole, than those contained in the Loan Documents (as mutually determined in good faith by Borrower and Lenders), (ii) that has a final, stated maturity date 181 days after than the Stated Maturity Date, (iii) in respect of which no cash payments of principal or interest are required prior to the Stated Maturity Date (other than solely as a result of a change of control or asset sale, so long as any rights of the holders thereof upon the occurrence of a change of control or asset sale event shall be subject to the prior indefeasible repayment in full in cash of the Loans and all other Obligations that are accrued and payable and the termination or expiration of the Commitments), and (iv) in respect of which the holders have agreed in favor of Borrower and Lenders (A) that prior to the date on which the Commitments have expired or been terminated and all Obligations (other than contingent obligations for which no claim has been made to Borrower) have been paid in full indefeasibly in cash, such holders will not exercise any remedies available to them in respect of such Indebtedness, except to the extent otherwise permitted under the applicable Subordination Agreement, and (B) that such Indebtedness is unsecured, and (C) to terms of subordination in substantially the form attached hereto as Exhibit H or otherwise satisfactory to the Majority Lenders.
Permitted Cure Debt means Indebtedness incurred in connection with the exercise of the Subordinated Debt Cure Right and
Permitted Cure Debt means any Indebtedness (i) of (a) the Issuer that ranks subordinated in right of payment to the Securities or (b) any Guarantor that that ranks
Permitted Cure Debt means Indebtedness incurred in connection with the exercise of the Subordinated Debt Cure Right and (i) that is governed by documentation containing representations, warranties, covenants and events of default no more burdensome or restrictive than those contained in the Loan Documents unless such terms are also offered to Lenders hereunder, (ii) that has a maturity date later than the Maturity Date, (iii) in respect of which no cash payments of principal or interest are required prior to the Maturity Date, and (iv) in respect of which the holders have agreed in favor of Borrower and Lenders
Permitted Cure Debt means Indebtedness incurred in connection with the exercise of Section 10.03(a) (a) that is governed by documentation containing representations, warranties, covenants and events of default no more burdensome or restrictive than those contained in the Loan Documents, (b) that has a maturity date later than the Maturity Date, (c) in respect of which no cash payments of principal or interest are required prior to the Maturity Date and (d) in respect of which the holders of such Indebtedness have agreed in favor of Borrower, Administrative Agent and Lenders (i) that prior to the date on which the Commitments have expired or been terminated and all Obligations (other than contingent indemnification or [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. reimbursement obligations for which no claim has been made) have been paid in full indefeasibly in cash, such holders will not exercise any remedies (other than any conversion rights) available to them in respect of such Indebtedness, (ii) that such Indebtedness is unsecured and (iii) to terms of subordination in substantially the form attached hereto as Exhibit F or otherwise reasonably satisfactory to Administrative Agent.