Senior Instruments definition

Senior Instruments means securities, instruments or obligations of the Company: (i) the holders of which are unsubordinated creditors of the Company (“Unsubordinated Instruments”), or (ii) which are, or are expressed to be, subordinated (whether only in the event of the liquidation of the Company or otherwise) to Unsubordinated Instruments but not further or otherwise, or (iii) which in a liquidation, moratorium or bankruptcy of the Company occurring prior to the Trigger Event are, or are expressed to be, further or otherwise subordinated, other than those which in such event rank, or are expressed to rank, pari passu with or junior to the Securities. For the avoidance of doubt, “Senior Instruments” includes securities, instruments or obligations of the Company which are Tier 2 instruments within the meaning of Article 52(1)(d) of the CRR.
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Senior Instruments means securities, instruments or obligations of the Issuer:
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Senior Instruments means senior Instruments issued by an Issuer in accordance with the Terms and Conditions of the Senior Instruments;
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Examples of Senior Instruments in a sentence

  • Lender shall not be responsible for determining the validity or accuracy of any claim of default made by the Senior Lender under the Senior Instruments and the payment of any sum by Xxxxxx in curing or attempting to cure any alleged default or omission shall be presumed conclusively to have been reasonable, justified and authorized.

  • Upon the occurrence of such default, in addition to any other rights or remedies available to Lender, Lender may, but need not, make any payment or perform any act required to cure or attempt to cure any said default under any of the Senior Instruments in any manner and form deemed expedient by Xxxxxx.

  • Borrower shall not, without the prior written consent of Lender, enter into any modification, extension, amendment, agreement or arrangement in connection with any of the Senior Instruments.

  • In the event Borrower is declared by the holder of any of the Senior Instruments to be in default with respect to any requirement of any of the Senior Instruments, Xxxxxxxx agrees that said default shall constitute a default hereunder and under this Mortgage and the Loan Documents.

  • Borrower covenants and agrees to comply with all of the terms and provisions of the Senior Instruments.

  • Xxxxxxxx has a senior loan from a senior lender (the “Senior Lender”) secured by a senior mortgage or mortgages on the Property as disclosed to the Lender (collectively, the "Senior Instruments").

  • Xxxxxx acknowledges that this Mortgage is junior and subordinate to the lien of the Senior Instruments.

  • Borrower shall give Lender a copy of all notices given Mortgagor with respect to any of the Senior Instruments within fifteen (15) business days after receiving such notice.

  • However, as provided under Condition 3B.2, the rights of the Holders of any Senior Non-Preferred Instruments will rank junior to present and future obligations of the Bank in respect of Senior Preferred Instruments issued by the Bank and other Senior Creditors of the Issuer (Senior Instruments).

  • The Bank’s obligations under Senior Non-Preferred Instruments rank junior to Senior Creditors of the Issuer (Senior Instruments) As described under Condition 3B under “Terms and Conditions of the Instruments”, the payment obligations of the Bank in respect of Senior Non-Preferred Instruments issued by it will be unsubordinated.


More Definitions of Senior Instruments

Senior Instruments means senior Instruments issued by the relevant Issuer in accordance with the Terms and Conditions of the Senior Instruments as set out in Part 1 of Schedule 1 to the Trust Deed; Subordinated Instruments means subordinated Instruments issued by EDP in accordance with the Terms and Conditions of the Subordinated Instruments as set out in Part 2 of Schedule 1 to the Trust Deed; Terms and Conditions means, in relation to any Instruments of any Series, the terms and conditions endorsed on or incorporated by reference into the Instrument or Instruments constituting such Series, such terms and conditions being in or substantially in the form set out, in respect of Senior Instruments, Part 1 of Schedule 1 to the Trust Deed and, in respect of Subordinated Instruments, Part 2 of Schedule 1 to the Trust Deed, or in such other form, having regard to the terms of the Instruments of the relevant Series, as may be agreed between the Issuer, the Trustee and the relevant Dealer(s) as supplemented by the Final Terms applicable to the Instruments of the relevant Series, in each case as from time to time modified in accordance with the provisions of the Trust Deed and any reference to a numbered “Condition” is to the correspondingly numbered provision thereof and any reference to the relevant Terms and Conditions means in respect of Senior Instruments, the Terms and Conditions of the Senior Instruments and in respect of Subordinated Instruments, the Terms and Conditions of the Subordinated Instruments; Trust Deed means the trust deed dated 14 March 2001 made between the Issuers and the Trustee as amended, modified, supplemented or restated from time to time pursuant to which Instruments will, on issue, be constituted and which sets out the terms and conditions upon and subject to which the Trustee has agreed to act as trustee; and Trustee means Deutsche Trustee Company Limited and shall, whenever the context so admits, include such company and/or other trustees for the time being for the holders of the Instruments under the Trust Deed.
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Senior Instruments means the Class A Notes and the Senior Schuldschein Loans, collectively.
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Senior Instruments means the Senior Loan Agreement and all notes now or hereafter evidencing the Senior Indebtedness, all guaranties of the Senior Indebtedness, all documents and instruments securing the repayment of the Senior Indebtedness and all other documents or instruments executed and delivered to Senior Lender evidencing or pertaining to the Senior Indebtedness.
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Related to Senior Instruments

  • Non-Preferred Senior Instruments means any obligations of the Issuer which fall or are expressed to fall within the category of obligations described in § 374b of the Czech Insolvency Act implementing Article 108(2) BRRD and any other obligations of the Issuer which, to the extent permitted by Czech law, rank or are expressed to rank pari passu with the Non-Preferred Senior Instruments of the Issuer.

  • 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, if required, notified the relevant state insurance regulatory agency. 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.

  • Subordination Agreement means any subordination or intercreditor agreement(s) entered into with respect to any subordinate financing related to the Project, as the same may be amended, supplemented or restated.

  • 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.

  • Guarantor Senior Indebtedness means, with respect to any ----------------------------- Guarantor, at any date, (a) all Obligations of such Guarantor under the New PRIMESTAR Senior Credit Facility; (b) all Interest Rate Protection Obligations of such Guarantor; (c) all Obligations of such Guarantor under stand-by letters of credit; and (d) all other Indebtedness of such Guarantor for borrowed money, including principal, premium, if any, and interest (including Post-Petition Interest) on such Indebtedness, unless the instrument under which such Indebtedness of such Guarantor for money borrowed is Incurred expressly provides that such Indebtedness for money borrowed is not senior or superior in right of payment to such Guarantor's Guaranty of the Loans, and all renewals, extensions, modifications, amendments or refinancings thereof. Notwithstanding the foregoing, Guarantor Senior Indebtedness shall not include (a) to the extent that it may constitute Indebtedness, any Obligation for federal, state, local or other taxes; (b) any Indebtedness between such Guarantor, Borrower or any Subsidiary of Borrower; (c) to the extent that it may constitute Indebtedness, any obligation in respect of any trade payable incurred for the purchase of goods or materials, or for services obtained, in the ordinary course of business; (d) that portion of any Indebtedness that is Incurred in violation of this Agreement; provided, however, that such Indebtedness shall be deemed not to -------- ------- have been Incurred in violation of this Agreement for purposes of this clause (d) if (i) the holder(s) of such Indebtedness or their representative or the Company shall have furnished to the Arranger an opinion of independent legal counsel, unqualified in all material respects, addressed to the Arranger (which legal counsel may, as to matters of fact, rely upon an Officers' Certificate of Borrower) to the effect that the Incurrence of such Indebtedness does not violate the provisions of this Agreement or (ii) in the case of any obligations under the New PRIMESTAR Senior Credit Facility, the holder(s) of such obligations or their agent or representative shall have received a representation from the Company to the effect that the Incurrence of such Indebtedness does not violate the provisions of this Agreement; (e) Indebtedness evidenced by such Guarantor's Guaranty of the Loans; (f) Indebtedness of such Guarantor that is expressly subordinate or junior in right of payment to any other Indebtedness of such Guarantor; (g) to the extent that it may constitute Indebtedness, any obligation owing under leases (other than Capital Lease Obligations) or management agreements; and (h) any obligation that by operation of law is subordinated to any general unsecured obligations of such Guarantor.

  • Senior Loan Documents means the loan agreement between Borrower and Senior Creditor and any other agreement, security agreement, document, promissory note, UCC financing statement, or instrument executed by Borrower in favor of Senior Creditor pursuant to or in connection with the Senior Debt or the loan agreement, as the same may from time to time be amended, modified, supplemented, extended, renewed, restated or replaced.

  • Second Lien Intercreditor Agreement means the Second Lien Intercreditor Agreement substantially in the form of Exhibit H among the Administrative Agent and one or more Senior Representatives for holders of Permitted Second Priority Refinancing Debt, with such modifications thereto as the Administrative Agent may reasonably agree.

  • Junior Indebtedness means any indebtedness of any Mortgagor that is secured by a lien that is junior in right of payment to the lien of the Mortgage securing the related Mortgage Note.