Senior Indebtedness Agreement definition

Senior Indebtedness Agreement means any agreement, instrument or indenture governing senior unsecured Indebtedness of the Borrower (“Senior Indebtedness”), including without limitation the Note Purchase Agreement, dated as of December 1, 2001, as thereafter amended (the “Note Purchase Agreement”), between the Borrower and the Noteholders named therein pertaining to the $90,000,000, 6.63% Senior Notes of the Borrower due December 1, 2011.
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Senior Indebtedness Agreement means any agreement under which the Borrower issues notes or incurs obligations for Interest-bearing Debt, which notes and Interest-bearing Debt are senior obligations of the Borrower, pari passu with the Loans and Notes, and shall include (a) the Note Purchase Agreement, dated as of December 1, 2001, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to the $90,000,000, 6.63% Senior Notes of the Xxxxxxxx xxx Xxxxxxxx 0, 0000, (x) the Note Purchase Agreement, dated as of February 23, 2007, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to the $50,000,000, 5.778% Senior Notes of the Borrower due November 30, 2017, and (c) the Note Purchase Agreement, dated as of August 20, 2007, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to (i) the $33,000,000, 5.95% Senior Unsecured Notes, Series A, due 2017, (ii) the $30,000,000, 6.15% Senior unsecured Notes, Series B, due 2022, (iii) the $42,000,000, 6.37% Senior Unsecured notes, Series C, due 2027, and (iv) the $50,000,000, 6.47% Senior Unsecured Notes, Series D, due 2037.
Sample 1
Senior Indebtedness Agreement means the Senior Discount Note Indenture or any other agreement concerning the funding of Senior Indebtedness, as the same may be amended, restated, extended, renewed, substituted, refinanced, refunded, replaced or otherwise modified from time to time, whether or not by or among the initial parties thereto, and includes any agreement (a) extending the maturity of all or any portion of the indebtedness, obligations and liabilities of the Company incurred thereunder and (b) increasing the amount of indebtedness, obligations and liabilities to be incurred thereunder.
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Examples of Senior Indebtedness Agreement in a sentence

  • So long as any Senior Indebtedness Agreement remains in effect, neither Maker nor the Subordinated Lender shall enter into any amendment, waiver or modification of the Subordinated Lending Agreements, without the prior written consent of the Senior Representatives.

  • Nothing contained herein shall be deemed to require any Senior Lender to exercise any right of set-off or any other remedy against any Company, whether arising under any Senior Indebtedness Agreement or otherwise.

  • Company will comply with each of the ------------------- financial covenants set forth in the Specified Senior Indebtedness Agreement, as and when required by the terms thereof.

  • Such Senior Indebtedness Agreement shall be the obligation of the corporation and each of its subsidiaries (as defined in the Plan) and contain affirmative and negative covenants (excluding financial covenants) and such terms of default and default remedies as are customary in commercial lending transactions involving borrowers of financial position and condition comparable to that of the corporation at the time of such redemption.

  • Unless and until agreement is reached on all terms of the Senior Indebtedness Agreement, the corporation shall not redeem the Series A Preferred Stock other than for cash, and if such agreement is not reached prior to a Series Redemption Date, the corporation will withdraw any Series A Redemption Notice immediately prior to the Series A Redemption Date specified therein to the extent the redemption is to be made other than for cash.

  • Company will provide to Holder a compliance certificate, certified by its Chief Executive Officer or Chief Financial Officer, certifying whether or not Company is in compliance with such financial covenants and including reasonable calculations as to such compliance, at such times as the same is required to be delivered to the Senior Lender under and when required by the Specified Senior Indebtedness Agreement (but not less frequently than each calendar quarter).

  • The terms of the senior unsecured indebtedness shall be as set forth in a Senior Indebtedness Agreement which shall include, but not be limited to, the following terms: Such indebtedness will bear interest at 12 percent per annum, be payable quarterly in arrears in cash, and will mature on the date that is 10 years after the exchange was effected.

  • Company shall promptly provide Holder with copies of any revisions to the financial covenants set forth in the Specified Senior Indebtedness Agreement (including related definitions) that may be made from time to time.


More Definitions of Senior Indebtedness Agreement

Senior Indebtedness Agreement means any agreement under which the Borrower issues notes or incurs obligations for Interest-bearing Debt, which notes and Interest-bearing Debt are senior obligations of the Borrower, pari passu with the Loan and Note, and shall include (a) the Note Purchase Agreement dated as of July 29, 2011, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to the $140,000,000, 4.6% notes due December 20, 2021, (b) the Note Purchase Agreement, dated as of August 20, 2007, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to (i) the $33,000,000, 5.95% Senior Unsecured Notes, Series A, due 2017, (ii) the $30,000,000, 6.15% Senior Unsecured Notes, Series B, due 2022, (iii) the $42,000,000, 6.37% Senior Unsecured Notes, Series C, due 2027, and (iv) the $50,000,000, 6.47% Senior Unsecured Notes, Series D, due 2037 and (c) the Second Amended and Restated Credit Agreement dated as of October 29, 2012, as thereafter amended, among the Borrower, the financial institutions parties thereto from time to time, and U.S. Bank National Association, as administrative agent thereunder, pertaining to the $170,000,000 revolving loan facility.
Sample 1
Senior Indebtedness Agreement means any agreement under which the Borrower issues notes or incurs obligations for Interest-bearing Debt, which notes and Interest-bearing Debt are senior obligations of the Borrower, pari passu with the Loans and Notes, and shall include (a) the Note Purchase Agreement, dated as of August 20, 2007, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to (i) the $42,000,000, 6.37% Senior Unsecured Notes, Series C, due 2027 and (ii) the $50,000,000, 6.47% Senior Unsecured Notes, Series D, due 2037; (b) the Note Purchase Agreement, dated as of August 14, 2013, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to (i) the $60,000,000, 4.68% Senior Unsecured Notes, Series A, due February 27, 2029 and (ii) the $90,000,000, 5.47% Senior Unsecured Notes, Series B, due February 27, 2044; (c) the Note Purchase Agreement, dated as of November 14, 2017, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to the $100,000,000, 4.07% Series 2018A Unsecured Notes, due February 7, 2048; (d) the Note Purchase Agreement, dated as of September 12, 2019, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to (i) the $10,000,000, 3.07% Series 2019A Senior Unsecured Notes, due October 10, 2029, (ii) the $26,000,000, 3.52% Series 2019B Senior Unsecured Notes, due October 10, 2039, (iii) the $64,000,000, 3.82% Series 2019C Senior Unsecured Notes, due October 10, 2049, (iv) the $10,000,000, 3.22% Series 2020A Senior Unsecured Notes, due February 25, 2030, (v) the $40,000,000, 3.22% Series 2020B Senior Unsecured Notes, due August 20, 2030, (vi) the $10,000,000, 3.62% Series 2020C Senior Unsecured Notes, due February 25, 2040, and (vii) the $15,000,000, 3.92% Series 2020D Senior Unsecured Notes, due February 25, 2050; (e) the Note Purchase Agreement, dated as of June 10, 2021, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to (i) the $40,000,000, 2.74% Series 2021A Senior Unsecured Notes, due November 29, 2031, (ii) the $100,000,000, 3.69% Series 2021B Senior Unsecured Notes, due November 29, 2051, and (iii) the $90,000,000, 3.77% Series 2022A Senior Unsecured Notes, due May 20, 2052; and (f) the Note Purchase Agreement, dated March 28, 2024, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to (i) the $60,000,000, 5.48% Series 2024A Senior Unsecured Notes,...
Sample 1
Senior Indebtedness Agreement means any agreement under which New OTC issues notes or incurs obligations for Interest-bearing Debt, which notes and Interest-bearing Debt are senior obligations of New OTC, pari passu with the Loans and Notes, and shall include (a) the Note Purchase Agreement, dated as of December 1, 2001, as thereafter amended, between the Parent and the Noteholders named therein (and assumed by New OTC as of the Permitted Reorganization Effective Date) pertaining to the $90,000,000, 6.63% Senior Notes due December 1, 2011, and (b) the Note Purchase Agreement, dated as of February 23, 2007, as thereafter amended, between the Parent and Cascade Investment L.L.C. (and assumed by New OTC as of the Permitted Reorganization Effective Date) pertaining to the $50,000,000, 5.778% Senior Notes due November 30, 2017. “Senior Indebtedness Prepayment Event” means the (a) occurrence of any event under any Senior Indebtedness Agreement that would require New OTC to prepay, or offer to prepay, any Senior Indebtedness prior to its stated maturity, (b) occurrence of any event under any Senior Indebtedness Agreement that would give the holder of Senior Indebtedness any right to put such Senior Indebtedness to New OTC or require New OTC to repurchase or redeem such Senior Indebtedness in each case prior to its stated maturity, or (c) voluntary offer by New OTC to prepay or purchase Senior Indebtedness prior to its stated maturity to remain in compliance with any covenant or agreement of a Senior Indebtedness Agreement, but not any other voluntary offer by New OTC to prepay or purchase Senior Indebtedness prior to its stated maturity. Senior Indebtedness Prepayment Events shall include, without limitation, any Transfer of Utility Assets Put Event or Debt Prepayment Application, as defined in the Senior Indebtedness Agreements (or any Senior Indebtedness Agreement).
Sample 1
Senior Indebtedness Agreement means any agreement under which the Borrower issues notes or incurs obligations for Interest-bearing Debt, which notes and Interest-bearing Debt are senior obligations of the Borrower, pari passu with the Loans and Notes, and shall include (a) the Note Purchase Agreement, dated as of December 1, 2001, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to the $90,000,000, 6.63% Senior Notes of the Borrower due December 1, 2011, and (b) the Note Purchase Agreement, dated as of August 20, 2007, as thereafter amended, between the Borrower and the Noteholders named therein pertaining to (i) the $33,000,000, 5.95% Senior Unsecured Notes, Series A, due 2017, (ii) the $30,000,000, 6.15% Senior unsecured Notes, Series B, due 2022, (iii) the $42,000,000, 6.37% Senior Unsecured notes, Series C, due 2027, and (iv) the $50,000,000, 6.47% Senior Unsecured Notes, Series D, due 2037.
Sample 1
Senior Indebtedness Agreement means any agreement under which the Borrower issues notes or incurs obligations for Interest-bearing Debt, which notes and Interest-bearing Debt are senior obligations of the Borrower, pari passu with the Loans and any Note, and shall include (a) the Note Purchase Agreement, dated as of December 1, 2001, between the Borrower and the Noteholders named therein pertaining to the $90,000,000, 6.63% Senior Notes of the Xxxxxxxx xxx Xxxxxxxx 0, 0000, (x) prior to the Permitted Reorganization only, the Note Purchase Agreement, dated as of February 23, 2007, between the Borrower and the Noteholders named therein pertaining to the $50,000,000, 5.778% Senior Notes of the Borrower due November 30, 2017, and (c) the Note Purchase Agreement, dated as of August 20, 2007, between the Borrower and the Noteholders named therein pertaining to (i) the $33,000,000, 5.95% Senior Unsecured Notes, Series A, due 2017, (ii) the $30,000,000, 6.15% Senior unsecured Notes, Series B, due 2022, (iii) the $42,000,000, 6.37% Senior Unsecured Notes, Series C, due 2027, and (iv) the $50,000,000, 6.47% Senior Unsecured Notes, Series D, due 2037.
Sample 1

Related to Senior Indebtedness Agreement

  • Senior Indebtedness means, with respect to the Company, (i) the principal, premium, if any, and interest in respect of (A) indebtedness of the Company for money borrowed and (B) indebtedness evidenced by securities, debentures, notes, bonds or other similar instruments issued by the Company; (ii) all capital lease obligations of the Company; (iii) all obligations of the Company issued or assumed as the deferred purchase price of property, all conditional sale obligations of the Company and all obligations of the Company under any title retention agreement; (iv) all obligations of the Company for the reimbursement of any letter of credit, any banker's acceptance, any security purchase facility, any repurchase agreement or similar arrangement, any interest rate swap, any other hedging arrangement, any obligation under options or any similar credit or other transaction; (v) all obligations of the type referred to in clauses (i) through (iv) above of other Persons for the payment of which the Company is responsible or liable as obligor, guarantor or otherwise; and (vi) all obligations of the type referred to in clauses (i) through (v) above of other Persons secured by any lien on any property or asset of the Company (whether or not such obligation is assumed by the Company), whether incurred on or prior to the date of this Indenture or thereafter incurred. Notwithstanding the foregoing, "Senior Indebtedness" shall not include (1) any Additional Junior Indebtedness, (2) Debentures issued pursuant to this Indenture and guarantees in respect of such Debentures, (3) trade accounts payable of the Company arising in the ordinary course of business (such trade accounts payable being pari passu in right of payment to the Debentures), or (4) obligations with respect to which (a) in the instrument creating or evidencing the same or pursuant to which the same is outstanding, it is provided that such obligations are pari passu, junior or otherwise not superior in right of payment to the Debentures and (b) the Company, prior to the issuance thereof, has notified (and, if then required under the applicable guidelines of the regulating entity, has received approval from) the Federal Reserve (if the Company is a bank holding company) or the OTS (if the Company is a savings and loan holding company). Senior Indebtedness shall continue to be Senior Indebtedness and be entitled to the subordination provisions irrespective of any amendment, modification or waiver of any term of such Senior Indebtedness.

  • Senior Debt means the principal of, premium, if any, interest (including all interest accruing subsequent to the commencement of any bankruptcy or similar proceeding, whether or not a claim for post-petition interest is allowable as a claim in any such proceeding) and rent payable on or in connection with, and all fees, costs, expenses and other amounts accrued or due on or in connection with, Indebtedness of the Company, whether outstanding on the date of this Indenture or thereafter created, incurred, assumed, guaranteed or in effect guaranteed by the Company (including all deferrals, renewals, extensions or refundings of, or amendments, modifications or supplements to, the foregoing), unless in the case of any particular Indebtedness the instrument creating or evidencing the same or the assumption or guarantee thereof expressly provides that such Indebtedness shall not be senior in right of payment to the Securities or expressly provides that such Indebtedness is “pari passu” or “ junior” to the Securities. Notwithstanding the foregoing, the term Senior Debt shall not include any Indebtedness of the Company to any Subsidiary of the Company. If any payment made to any holder of any Senior Debt or its Representative with respect to such Senior Debt is rescinded or must otherwise be returned by such holder or Representative upon the insolvency, bankruptcy or reorganization of the Company or otherwise, the reinstated Indebtedness of the Company arising as a result of such rescission or return shall constitute Senior Debt effective as of the date of such rescission or return.

  • Junior Debt means any Indebtedness in respect of Subordinated Indebtedness.

  • Subordinated Indebtedness means any Indebtedness of the Borrower or any Restricted Subsidiary the payment of which is subordinated to payment of the obligations under the Loan Documents.