Senior Indebtedness of the Guarantor or "Senior Indebtedness" shall mean the principal of, premium, if any, and interest on and all other amounts due on or with respect to the following, whether outstanding at the date hereof or hereafter created or incurred:
Senior Indebtedness of the Guarantor means (i) the principal of and premium, if any, and interest on and all other monetary obligations of every kind or nature due on or in connection with any Indebtedness of the Guarantor (other than as otherwise provided in this definition), whether outstanding on the date of the Indenture or thereafter created, incurred or assumed, unless, in the case of any particular Indebtedness, the instrument creating or evidencing the same or pursuant to which the same is outstanding expressly provides that such Indebtedness shall not be senior in right of payment to the Guarantees, and (ii) Indebtedness outstanding or incurred after the date of the Indenture under the Guarantor's bank agreements. Notwithstanding the foregoing, Senior Indebtedness of the Guarantor shall not include (a) the principal of and premium, if any, and interest on and all other monetary obligations of every kind or nature due on or in connection with any Indebtedness of the Guarantor to a Subsidiary or any other Affiliate of the Guarantor or any of such Affiliate's subsidiaries, (b) Indebtedness that is subordinate or junior in right of payment to any Indebtedness of the Guarantor (including the 1997 Guarantees, as to which the Guarantees shall rank pari passu in right of payment), (c) Indebtedness that, when incurred, was without recourse to the Guarantor, (d) any liability for federal, state, local or other taxes owed or owing by the Guarantor, (e) that portion of any Indebtedness which at the time of issuance is issued in violation of the Indenture, (f) Indebtedness that is represented by Redeemable Stock, (g) amounts owing under leases (other than any Capitalized Lease Obligations), or (h) all amounts owed (except to banks and other financing institutions) for goods, materials or services purchased in the ordinary course of business or for compensation to employees.
Senior Indebtedness of the Guarantor means (i) any indebtedness of the Guarantor for borrowed or purchased money, whether or not evidenced by bonds, debentures, notes or other written instruments, (ii) obligations of the Guarantor for reimbursement under letters of credit, banker's acceptances, security purchase facilities or similar facilities issued for the account of the Guarantor, (iii) any indebtedness or other obligations of the Guarantor with respect to commodity contracts (including but not limited to contracts in the spot, forward and markets, options, and contracts for differences), interest rate commodity and currency swap agreements, cap, floor and collar agreements, currency spot and forward contracts, and other similar agreements or arrangements designed to protect against fluctuations in commodity prices, currency exchange or interest rates, and (iv) any guarantees, endorsements (other than by endorsement of negotiable instruments for collection in the ordinary course of business) or other similar contingent obligations in respect of obligations of others of a type described in (i), (ii) or (iii) above, whether or not such obligation is classified as a liability on a balance sheet prepared in accordance with generally accepted accounting principles, in each case listed in (i), (ii), (iii) and (iv) above whether outstanding on the date of execution of this Indenture or thereafter incurred, other than obligations ranking on a parity with the Guarantee Payments or ranking junior to the Guarantee Payments; provided, however, that "Senior Indebtedness of the Guarantor" does not include obligations to trade creditors.
Examples of Senior Indebtedness of the Guarantor in a sentence
This Guarantee does not limit the incurrence or issuance of other secured or unsecured debt of the Guarantor, including Senior Indebtedness of the Guarantor, under any indenture that the Guarantor may enter into in the future or otherwise.
This Guarantee does not limit the incurrence or issuance of other secured or unsecured debt of the Guarantor, including Senior Indebtedness of the Guarantor, under any indenture or agreement that the Guarantor may enter into in the future or otherwise.
The obligations of the Guarantor hereunder do not constitute Senior Indebtedness of the Guarantor.
This Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all Senior Indebtedness of the Guarantor to the extent and in the manner set forth in the Indenture with respect to the Junior Subordinated Debentures, and the provisions of Article XIII of the Indenture will apply, mutatis mutandis, to the obligations of the Guarantor hereunder.
The Guarantees shall rank equally in right of payment with all existing and future Senior Indebtedness of the Guarantor.
More Definitions of Senior Indebtedness of the Guarantor
Senior Indebtedness of the Guarantor means the principal of, premium (if any) and interest on any and all Indebtedness and obligations of the Guarantor outstanding on the Original Issue Date of Securities of any one series, or thereafter incurred, which in accordance with generally accepted accounting principles may be classified upon a balance sheet of the Guarantor as a liability of the Guarantor, and without in any way limiting the generality thereof, including guarantees of, endorsements and other contingent obligations in respect of, or agreements to purchase or otherwise acquire, Indebtedness of others. Notwithstanding the
Senior Indebtedness of the Guarantor means any obligation of the Guarantor to its creditors, whether now outstanding or subsequently incurred, except (i) the guarantee of the Guarantor of the 9 3/4% Subordinated Debentures Due 2001, the 9 1/4% Subordinated Debentures Due 2001 and the 6 7/8% Subordinated Debentures due March 1, 2003, each issued under the indenture, dated as of April 15, 1991, as amended, among the Guarantor, the Company and First Trust of Illinois, N.A., as successor to Continental Bank, National Association, as trustee, and all guarantees of the Guarantor of any other notes or obligations which may be issued under such indenture, as the same may be amended from time to time; (ii) any obligation as to which, in the instrument creating or evidencing the same or pursuant to which the same is outstanding, it is provided that such obligation is not Senior Indebtedness; and (iii) obligations evidenced by the Guarantees.
Senior Indebtedness of the Guarantor means the principal of, premium, if any, interest on, and any other payment due pursuant to any of the following, whether outstanding at the date hereof or hereafter incurred or created:
Senior Indebtedness of the Guarantor means any obligation of the Guarantor to its creditors, whether now outstanding or subsequently incurred, except (i) the guarantee of the Guarantor of the 9 3/4% Subordinated Debentures Due 2001, the 9 1/4% Subordinated Debentures Due 2001 and the 6 7/8% Subordinated Debentures due March 1, 2003, each issued under the indenture, dated as of April 15, 1991, as amended, among the Guarantor, the Company and U.S. Bank Trust National Association, as successor to Continental Bank, National Association, as trustee, and all guarantees of the Guarantor of any other notes or obligations which may be issued under such indenture, as the same may be amended from time to time; (ii)
Senior Indebtedness of the Guarantor means with respect to the Notes, all liabilities of Mizuho Financial Group other than any obligations which rank or are expressed to rank either pari passu with or junior to the claims under the Guarantee. For the avoidance of doubt, if a competent court in Japan shall have adjudicated Mizuho Financial Group to be subject to the bankruptcy proceedings pursuant to the provisions of the Japanese Bankruptcy Act, the claims of the holders of the Notes under the Guarantee rank junior to the claims of all statutory subordinated bankruptcy claims (Retsugoteki Hasan Saiken), as set forth in the Japanese Bankruptcy Act, in distribution in such bankruptcy proceedings.
Senior Indebtedness of the Guarantor means all Indebtedness of the Guarantor (other than the Guarantee and Indebtedness owing to any Subsidiary of the Guarantor), unless such Indebtedness, by its terms or the terms of the instrument creating or evidencing it, is subordinate in right of payment to or PARI PASSU with the Guarantee PROVIDED, HOWEVER, that Senior Indebtedness of the Guarantor shall not include any Indebtedness, Guarantee or other obligation of the Guarantor that is subordinate or junior in any respect to any other Indebtedness of the Guarantor. All guarantees by the Guarantor of Senior Indebtedness of the Company shall be deemed Senior Indebtedness of the Guarantor.
Senior Indebtedness of the Guarantor means the principal of, premium (if any) and interest on any and all Indebtedness and obligations of the Guarantor outstanding on the Original Issue Date of Securities of any one series, or thereafter incurred, which in accordance with generally accepted accounting principles may be classified upon a balance sheet of the Guarantor as a liability of the Guarantor, and without in any way limiting the generality thereof, including guarantees of, endorsements and other contingent obligations in respect of, or agreements to purchase or otherwise acquire, Indebtedness of others. Notwithstanding the foregoing, Senior Indebtedness of the Guarantor shall not include (i) the Securities, (ii) any obligation of the Guarantor to any direct or indirect subsidiary, (iii) any accounts payable or other liability to trade creditors arising in the ordinary course of business (including guarantees thereof or instruments evidencing such liabilities), (iv) any Indebtedness of the Guarantor (and any accrued and unpaid interest in respect thereof) that by the express terms of the agreement or instrument creating, evidencing or governing such Indebtedness is subordinate or junior in any respect to any other Indebtedness or other obligation of the Guarantor, (v) that portion of any Indebtedness which at the time of incurrence is incurred in violation of the Indenture or (vi) any liability for federal, state, local or other taxes owed or owing by the Guarantor.