Senior Indebtedness of the Issuer means all deposits and other liabilities of the Issuer (other than
Senior Indebtedness of the Issuer means (i) in the case of Tier II Subordinated Notes, all deposits and other liabilities of the Issuer (other than the Tier II Obligations and the Tier I Obligations) and (ii) in the case of the Tier I Subordinated Notes, all deposits and other liabilities of the Issuer (other than the Tier I Obligations) and all equity that constitutes Tier II capital of the Issuer under applicable Korean laws and regulations; and
Senior Indebtedness of the Issuer means Indebtedness of the Issuer outstanding at any time (other than the Indebtedness evidenced by the Securities of any series) except (a) any Indebtedness as to which, by the terms of the instrument creating or evidencing such Indebtedness, it is provided that such Indebtedness is not senior or prior in right of payment to the Securities of a series or is pari passu or subordinate by its terms in right of payment to such Securities, (b) renewals, extensions and modifications of any such Indebtedness, (c) any Indebtedness of the Issuer to a wholly-owned Subsidiary of the Issuer, (d) interest accruing after the filing of a petition initiating any proceeding referred to in Sections 5.1(e) and 5.1(f) unless such interest is an allowed claim enforceable against the Issuer in a proceeding under federal or state bankruptcy laws, (e) trade payables and (f) any liability for federal, state or local taxes.
Examples of Senior Indebtedness of the Issuer in a sentence
The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Issuer and the Trustee shall not be liable to any holder of Senior Indebtedness of the Issuer if it shall pay over or deliver to holders of Securities, the Issuer or any other Person money or assets to which any holder of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article 13 or otherwise.
No right of any present or future holder of any Senior Indebtedness of the Issuer to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.
Whenever a distribution is to be made or a notice given to holders of Senior Indebtedness of the Issuer, the distribution may be made and the notice given to their Representative (if any).
The Trustee conclusively shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Issuer (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Indebtedness of the Issuer or a trustee on behalf of any such holder or holders.
The Trustee in its individual or any other capacity shall be entitled to hold Senior Indebtedness of the Issuer with the same rights it would have if it were not Trustee.
More Definitions of Senior Indebtedness of the Issuer
Senior Indebtedness of the Issuer means all deposits and other liabilities of the Issuer (other than (x) those which are subject to provisions equivalent to the payment conditions in paragraph (i), (ii), (iii) or (iv) above and (y) those which rank or are expressed to rank pari passu with or junior to the Subordinated Notes); and a “Subordination Event” shall mean any Bankruptcy Event, Rehabilitation Event, or Foreign Event.
Senior Indebtedness of the Issuer means the principal of, premium, if any, and interest on: (a) all indebtedness of the Issuer for money borrowed, whether outstanding on the date of execution of this Indenture or thereafter created, assumed or incurred, except (i) the Securities; (ii) the U.S.$150,000,000 aggregate principal amount of 8-1/2% Subordinated Notes Due 2003 of the Issuer; (iii) the U.S.$200,000,000 aggregate principal amount of 7-1/4% Subordinated Notes Due 2002 of the Issuer; (iv) the U.S.$200,000,000 aggregate principal amount of Subordinated Floating Rate Notes Due 2002 of the Issuer; (v) the U.S.$250,000,000 aggregate principal amount of Subordinated Floating Rate Notes Due 2002 of the Issuer; (vi) all securities issued pursuant to the Indenture, dated as of April 1, 1987, as amended and restated as of December 15, 1992, and as amended by the Second Supplemental Indenture, dated as of October 8, 1996, and the Third Supplemental Indenture, dated as of December 29, 2000, between the Issuer (formerly known as Chemical Banking Corporation) and U.S. Bank Trust National Association (formerly known as First Trust of New York, National Association), a national banking association, as successor to Morgxx Xxxranty Trust Company of New York, a New York banking corporation, as the same may further be amended, supplemented or otherwise modified from time to time; (vii) all securities issued pursuant to the Amended and Restated Indenture, dated as of September 1, 1993, as amended by the First Supplemental Indenture, dated as of March 29, 1996, the Second Supplemental Indenture, dated as of October 8, 1996, and the Third Supplemental Indenture, dated as of December 29, 2000, between the Issuer (as successor-by-merger to The Chase Manhattan Corporation, a Delaware corporation) and U.S. Bank Trust National Association (formerly known as First Trust of New York, National Association), a national banking association, as successor to Chemical Bank, a New York banking corporation, as the same may be further amended, supplemented or otherwise modified from time to time; and (viii) such indebtedness as is by its terms expressly stated not to be superior in right of payment to, or to rank pari passu with, the Securities
Senior Indebtedness of the Issuer means (i) in the case of Tier II Subordinated Notes, all liabilities of the Issuer (other than the Tier II Obligations and the Tier I Obligations) and (ii) in the case of the Tier I Subordinated Notes, all liabilities of the Issuer (other than the Tier I Obligations) and all equity that constitutes Tier II capital of the Issuer under applicable Korean laws and regulations; and a “Subordination Event” shall mean any Bankruptcy Event, Rehabilitation Event, Liquidation Event or Foreign Event. 4. Negative Pledge
Senior Indebtedness of the Issuer means all deposits and other liabilities of the Issuer (other than (i) those which are subject to provisions equivalent to the payment conditions in paragraph (1), (2), (3) or (4) above and (ii) those which rank or are expressed to rank pari passu with or junior to the Subordinated Notes);
Senior Indebtedness of the Issuer means the obligations of the Issuer with respect to Indebtedness of the Issuer, whether outstanding on the date hereof or thereafter created, Incurred or assumed, and any renewal, refunding, refinancing, replacement or extension thereof, 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 Securities; PROVIDED, HOWEVER, that Senior Indebtedness of the Issuer shall not include (a) Indebtedness of the Issuer to the Company or any Subsidiary of the Company or the Issuer; PROVIDED, that Indebtedness of the Issuer to 611852 Saskatchewan Ltd. pursuant to the Canadian Forest Credit Facility in an amount equal to the amount of Indebtedness outstanding at any time under the Canadian Bank Credit Facility shall constitute Senior Indebtedness of the Issuer to the extent that such outstanding Indebtedness under the Canadian Bank Credit Facility is not Guaranteed by the Issuer, (b) amounts owed for goods, materials or services purchased in the ordinary course of business, (c) Indebtedness Incurred in violation of this Indenture, (d) amounts payable or any other Indebtedness to employees of the Issuer or any Subsidiary of the Issuer, (e) any liability for United States Federal, state, local, or Canadian Federal or provincial, or other taxes owed or owing by the Issuer, (f) any Indebtedness of the Issuer that, when Incurred and without regard to any election under Section 1111(b) of the United States Bankruptcy Code or corresponding provisions of the Bankruptcy and Insolvency Act (Canada) and the Companies' Creditors Arrangements Act (Canada), was without recourse to the Issuer, (g) Pari Passu or Subordinated Indebtedness of the Issuer, (h) Indebtedness of the Issuer that is represented by Redeemable Stock, (i) Indebtedness evidenced by the Securities and (j) in-kind obligations relating to net oil and gas balancing positions.
Senior Indebtedness of the Issuer means all deposits and other liabilities of the Issuer (other than (a) those which are subject to provisions equivalent to the payment conditions in Conditions 3.2.4, 3.2.5 and 3.2.6 below and (b) those which rank or are expressed to rank pari passu with or junior to the Instruments); and
Senior Indebtedness of the Issuer means all liabilities of Mizuho Financial Group (Cayman) 3 Limited other than any obligations in respect of (i) any class of equity (including preference shares) or (ii) any obligations which rank or are expressed to rank either pari passu with or junior to the claims of the holders of Notes.A holder of a Note by his acceptance thereof shall thereby agree that if any payment of principal or interest on such Note is made to the holder after the occurrence of a Cayman Subordination Event and the amount of such payment shall exceed the amount, if any, that should have been paid to such holder upon the proper application of the subordination provisions, the payment of such excess amount shall be deemed null and void and such holder shall be obliged to return the amount of the excess payment within ten days after receiving notice of the excess payment, and shall also thereby agree that upon the occurrence of a Cayman Subordination Event and for so long as such Cayman Subordination Event shall continue, any liabilities of Mizuho Financial Group (Cayman) 3 Limited to such holder under the Notes which would otherwise become so payable on or after the date on which such Cayman Subordination Event occurs shall not be set off against any liabilities of such holder owed to Mizuho Financial Group (Cayman) 3 Limited unless, until and only in such amount as the liabilities of Mizuho Financial Group (Cayman) 3 Limited under the Notes become payable pursuant to the proper application of the subordination provisions of the Notes.In addition to the foregoing, upon the occurrence of a Guarantor Subordination Event (as defined below) and so long as any such Guarantor Subordination Event shall continue: