Permitted Junior Notes means any Indebtedness of Lead Borrower or any Restricted Subsidiary in the form of notes and incurred pursuant to one or more issuances of such notes; provided that (i) except as provided in clause (vii) below, no such Indebtedness, to the extent incurred by any Credit Party, shall be secured by any asset of Lead Borrower or any of its Subsidiaries, (ii) no such Indebtedness, to the extent incurred by any Credit Party, shall be guaranteed by any Person other than Holdings, a Borrower or a Subsidiary Guarantor, (iii) no such Indebtedness shall be subject to scheduled amortization or have a final stated maturity, in either case prior to the date occurring ninety-one (91) days following the Latest Maturity Date as of the date such Indebtedness was incurred, (iv) any “asset sale” offer to purchase covenant included in the indenture governing such Indebtedness, to the extent incurred by any Credit Party, shall not prohibit Lead Borrower or the respective Subsidiary from repaying obligations under this Agreement before offering to purchase such Indebtedness, (v) the indenture governing such Indebtedness shall not include any financial maintenance covenants, (vi) the “default to other indebtedness” event of default contained in the indenture governing such Indebtedness shall provide for a “cross-acceleration” or a “cross-acceleration” and “cross-payment default” rather than a “cross-default,” (vii) in the case of any such Indebtedness incurred by a Credit Party that is secured, (a) such Indebtedness is secured only by assets comprising Collateral on a junior-lien basis relative to the Liens on such Collateral securing the Obligations of the Credit Parties, and not secured by any property or assets of any Credit Party other than the Collateral, (b) the security agreements relating to such Indebtedness are substantially the same as the Security Documents (with such differences as are necessary to reflect the differing lien priorities or as otherwise reasonably satisfactory to the Collateral Agent) and (c) a Junior Representative acting on behalf of the holders of such Indebtedness shall have become party to the Additional Intercreditor Agreement; provided that if such Indebtedness is the initial incurrence of Permitted Junior Debt that is secured by assets of any Credit Party, then the Administrative Agent, the Collateral Agent and the Junior Representative for such Indebtedness shall have executed and delivered, and each Credit Party shall have acknowledged, the ...
Permitted Junior Notes means any Indebtedness of the Borrower or any Restricted Subsidiary in the form of unsecured or secured notes and incurred pursuant to one or more issuances of such notes; provided that (i) except as provided in clause (vii) below, no such Indebtedness, to the extent incurred by any Credit Party, shall be secured by any asset of the Borrower or any of its Subsidiaries, (ii) no such Indebtedness, to the extent incurred by any Credit Party, shall be guaranteed by any Person other than Holdings, the Borrower or any Subsidiary Guarantor, (iii) no such Indebtedness shall be subject to scheduled amortization or have a final stated maturity, in either case prior to the date occurring ninety-one (91) days following the Latest Maturity Date as of the date such Indebtedness was incurred, except in the case of Extendable Bridge Loans, (iv) any “asset sale” offer to purchase covenant included in the indenture governing such Indebtedness, to the extent incurred by any Credit Party, shall not prohibit the Borrower or the respective Subsidiary from repaying obligations under this Agreement before offering to purchase such Indebtedness, (v) the indenture governing such Indebtedness shall not include any financial maintenance covenants, (vi) the “default to other indebtedness” event of default contained in the indenture governing such Indebtedness shall provide for a “cross-acceleration” or a “cross-acceleration” and “cross-payment default” rather than a “cross-default,” (vii) in the case of any such Indebtedness incurred by a Credit Party that is secured (a) such Indebtedness is secured only by assets comprising Collateral on a junior-lien basis relative to the Liens on such Collateral securing the Obligations of the Credit Parties, and not secured by any property or assets of any Credit Party other than the Collateral, (b) the security agreements relating to such Indebtedness are substantially the same as the Security Documents (with such differences as are necessary to reflect the differing lien priorities or as otherwise reasonably satisfactory to the Administrative Agent) and (c) a Junior Representative acting on behalf of the holders of such Indebtedness shall have become party to the Additional Intercreditor Agreement; provided that if such Indebtedness is the initial incurrence of Permitted Junior Debt that is secured by assets of the Borrower or any other Credit Party, then the Administrative Agent, the Collateral Agent and the Junior Representative for such Indeb...
Permitted Junior Notes has the meaning provided in Section 11.02.
More Definitions of Permitted Junior Notes
Permitted Junior Notes means any Indebtedness of the Borrower or any Restricted Subsidiary in the form of unsecured or secured notes and incurred pursuant to one or more issuances of such notes; provided that (i) except as provided in clause (vii) below, no such Indebtedness, to the extent incurred by any Credit Party, shall be secured by any asset of the Borrower or any of its Subsidiaries, (ii) no such Indebtedness, to the extent incurred by any Credit Party, shall be guaranteed by any Person other than Holdings, the Borrower or any Subsidiary Guarantor, (iii) no such Indebtedness shall be subject to scheduled amortization or have a final stated maturity, in either case prior to the date occurring ninety-one (91) days following the Latest Maturity Date as of the date such Indebtedness was incurred, except in the case of Extendable Bridge Loans, (iv) any “asset sale” offer to purchase covenant included in the indenture governing such Indebtedness, to the extent incurred by any Credit Party, shall not prohibit the Borrower or the respective Subsidiary from repaying obligations under this Agreement before offering to purchase such Indebtedness, (v) the indenture governing such Indebtedness shall not include any financial maintenance covenants,
Permitted Junior Notes means Permitted Notes that are: (i) unsecured senior or senior subordinated debt securities of the Borrower (including as debt securities any Indebtedness incurred pursuant to a credit agreement) or (ii) debt securities of the Borrower (including as debt securities any Indebtedness incurred pursuant to a credit agreement) that are secured by a Lien on the Collateral ranking junior to the Liens securing the Obligations pursuant to a Second Lien Intercreditor Agreement.
Permitted Junior Notes means Indebtedness of the Borrower so long as (a) if such Indebtedness is to be subordinated to the Obligations, such subordination is on terms customary for a public offering or private placement under Rule 144A of the Securities Act of unsecured subordinated notes (and on market terms), (b) such Indebtedness does not provide for security, (c) such Indebtedness does not provide for guaranties by any Person (other than the Borrower and the Subsidiary Guarantors), (d) such Indebtedness is not subject to amortization and does not mature, in any case at any time prior to the first anniversary of the Revolving Loan Maturity Date, (e) the definitive agreement or indenture governing such Indebtedness shall (1) not include any financial maintenance
Permitted Junior Notes means the issuance or incurrence by any Loan Party of securities evidencing Indebtedness in an aggregate principal amount during the term of this Agreement of up to $6,000,000 less the amount of any Excluded Equity Issuances, so long as (i) such Indebtedness is unsecured and satisfies the conditions set forth in clause (b) of the definition of Subordinated Indebtedness and (ii) the proceeds received therefrom are applied to support the Loan Parties’ general corporate purposes and working capital.
Permitted Junior Notes. 2.19 "Post-Distribution Price" 2.23 "Regular Record Date" 2.1 "Relevant Cash Dividends" 2.23 "Required Filing Date" 2.16 "Rights" 2.23 "Rights Agreement" 2.23 "Surviving Entity" 2.12 "Trustee" Preamble "Time of Determination" 2.23 ARTICLE TWO
Permitted Junior Notes has the meaning set forth in the definition of “Permitted Junior Debt.”
Permitted Junior Notes has the meaning specified in Section 14.02 of this Indenture.