Senior Subordinated Creditors definition

Senior Subordinated Creditors means creditors of the Borrower in respect of its Senior Subordinated Obligations;
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Senior Subordinated Creditors means the Noteholders (as such term is defined in the Purchase Agreement) and Xxxxx Xxxxxx, Xxxxxxxx X. Xxxxxx, The Xxxxx X. Xxxxxx Trust, The Xxxxxx X. Xxxxxx Trust, The Xxxxxxx X. Xxxxxx Trust, The Xxxx X. Xxxxxx Trust and Xxxx X. Xxxxx, as holders of the Pari Existing Shareholder Notes (as such term is defined in the Collateral Agency, Subordination and Intercreditor Agreement).
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Senior Subordinated Creditors which term shall include Holders of Dated Subordinated Debt Securities, means creditors of the Company whose claims against the Company are, or are expressed to be, subordinated (whether only in the event of the Company’s winding up or otherwise) to the claims of the Company’s depositors and other unsubordinated creditors but excluding the Company’s creditors whose claims rank, or are expressed to rank, equal or junior to the claims of Holders of the Company’s Undated Subordinated Debt Securities.
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Examples of Senior Subordinated Creditors in a sentence

  • The Lender may rely upon a certificate of the liquidator for the purpose of determining whether or not any claims of Senior Creditors or Senior Subordinated Creditors remain outstanding and if so their amount or aggregate amount.

  • This Subordination Agreement and the obligations of the Seller Subordinated Creditor hereunder are in addition to and not in substitution for any other obligations or security interests now or hereafter held by the Senior Subordinated Creditors.

  • The Seller Subordinated Creditor agree that, notwithstanding any agreement to the contrary, so long as any portion of Senior Subordinated Debt remains unpaid, any provision in any document now or hereafter existing which requires the consent or approval of the Seller Subordinated Creditor prior to the taking of any action by the Senior Subordinated Creditors is hereby waived and relinquished.

  • Its Investment Advisor -13- By:_________________________________ Name:_______________________________ Title:______________________________ Senior Subordinated Creditors: SCHEDULE I DELAWARE STATE EMPLOYEES' RETIREMENT FUND c/o Pecks Management Partners Ltd.

  • This agreement to pay costs is cumulative of, and shall not limit, the Senior Subordinated Creditors rights to indemnification against all liability, loss or damages pursuant to paragraph 12B of the Securities Purchase Agreement.

  • The Company agrees to pay on demand all reasonable costs and expenses of the Senior Subordinated Creditors (including without limitation all reasonable fees and disbursements of any counsel to the Senior Subordinated Creditors), incurred by the Senior Subordinated Creditors in connection with the enforcement of the Senior Subordinated Creditors' rights hereunder and the collection of amounts payable hereunder.

  • If an Event of Default shall occur and be continuing, a majority (by principal amount of the Senior Subordinated Notes then outstanding) of the Senior Subordinated Creditors shall have the right, power and authority to do all things they deem necessary or advisable to enforce the provisions of this Subordination Agreement.

  • No failure on the part of the Senior Subordinated Creditors to exercise, and no delay in exercising, and no course of dealing with respect to, any right, power or remedy hereunder shall operate as a waiver thereof or of any default, nor shall any single or partial exercise by the Senior Subordinated Creditors of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy of the Senior Subordinated Creditors.

  • No modification or waiver of any provision of this Subordination Agreement nor consent to any departure herefrom shall in any event be effective unless the same shall be in writing and signed by the Senior Subordinated Creditors and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

  • A majority (by principal amount of the Senior Subordinated Notes then outstanding) of the Senior Subordinated Creditors shall have the right in their sole discretion to determine which rights, guarantees, liens, security interests or remedies they shall retain, pursue, release, subordinate, modify or take any other action with respect thereto, without in any way modifying or affecting any other of them or any of their rights hereunder.


More Definitions of Senior Subordinated Creditors

Senior Subordinated Creditors means the Trustee on behalf of holders of Senior Obligations or any holder of Senior Obligations.
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Senior Subordinated Creditors means all unsecured subordinated creditors of the Borrower (other than Junior Subordinated Creditors) whose claims in accordance with this Agreement rank or expressed to rank in priority to the claims of holders of Capital Stock of the Borrower and Junior Subordinated Creditors and behind claims of Senior Creditors.
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Senior Subordinated Creditors means the Purchasers and any subsequent holders of the Senior Subordinated Notes.
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Related to Senior Subordinated Creditors

  • Subordinated Creditors means all creditors the indebtedness of which is subordinated, in the event of the Winding-Up of DSB, in right of payment to the claims of depositors and other unsubordinated creditors of DSB other than those whose claims rank or is expressed to rank by operation of law or contract pari passu with, or junior to, the claims of the Noteholders. For this purpose indebtedness shall include all liabilities, whether actual or contingent;

  • Senior Subordinated Debt means the Securities and any other Indebtedness of the Company that specifically provides that it is to rank pari passu with other Senior Subordinated Debt of the Company and is not subordinated to any Indebtedness of the Company that is not Senior Debt.

  • Junior Subordinated Debt means (a) subordinated junior deferrable interest debentures of the Borrower, (b) the related preferred securities, if applicable, of Subsidiaries of the Borrower and (c) the related subordinated guarantees, if applicable, of the Borrower, in each case, from time to time outstanding.

  • Senior Creditors means, (a) depositors of the Issuer, (b) creditors of the Issuer who are unsubordinated creditors of the Issuer, and (c) creditors of the Issuer whose claims are or are expressed to be subordinated to the claims of other creditors of the Issuer (other than those whose claims are in respect of obligations which constitute, or would but for any applicable limitation on the amount of such capital, constitute, Tier 1 capital or Tier 2 capital or whose claims rank or are expressed to rank pari passu with, or junior to, the claims of holders in respect of the Notes) (whether only in a Winding Up of the Issuer or otherwise);

  • Subordinated Creditor means any creditor of Tenant which is a party to a Subordination Agreement in favor of Landlord.

  • Senior Subordinated Note Documents means the Senior Subordinated Notes, the Senior Subordinated Note Agreement, the Senior Subordinated Note Guarantees and all other documents executed and delivered with respect to the Senior Subordinated Notes or the Senior Subordinated Note Agreement.

  • Senior Subordinated Notes means the Company's 10 1/2% Senior Subordinated Notes due 2009 issued pursuant to the Senior Subordinated Notes Indenture.

  • Senior Subordinated Indebtedness means the Securities and any other Indebtedness of the Company that specifically provides that such Indebtedness is to rank pari passu with the Securities in right of payment and is not subordinated by its terms in right of payment to any Indebtedness or other obligation of the Company which is not Senior Indebtedness.

  • Junior Subordinated Notes means the $__________ aggregate principal amount of the Depositor's Series __ ____% Junior Subordinated Notes due ____ __, ____, issued pursuant to the Subordinated Indenture.

  • Guarantor Subordinated Obligations means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) that is expressly subordinated in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement.

  • Junior Subordinated Payment has the meaning specified in Section 13.2.

  • Junior Subordinated Debentures means the aggregate principal amount of the Depositor's ____% Junior Subordinated Deferrable Interest Debentures, due ________ __, 2027, issued pursuant to the Indenture.

  • Senior Subordinated Note Indenture means the Indenture dated as of May 12, 2009, between the Company and U.S. Bank National Association, as trustee, in respect of the 2020 Senior Subordinated Notes and the 2023 Senior Subordinated Notes, as supplemented and amended from time to time.

  • Junior Subordinated Indebtedness means the principal of (and premium, if any) and unpaid interest on (a) indebtedness of the Company (including indebtedness of others guaranteed by the Company), whether outstanding on the date hereof or thereafter created, incurred, assumed or guaranteed, for money borrowed, which in the instrument creating or evidencing the same or pursuant to which the same is outstanding it is provided that such indebtedness ranks junior in right of payment to the Company’s Senior Indebtedness and Senior Subordinated Indebtedness and equally and pari passu in right of payment to any other Junior Subordinated Indebtedness, (b) Junior Subordinated Securities, and (c) renewals, extensions, modifications and refinancings of any such indebtedness.

  • Senior Subordinated Indenture means the Indenture dated as of October 15, 1997 between the Company and State Street Bank and Trust Company, as trustee, as from time to time amended, restated, supplemented or otherwise modified.

  • Guarantor Subordinated Obligation means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) which is expressly subordinate in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement.

  • Senior Creditor means a holder or holders of Senior Indebtedness and includes any representative or representatives, agent or agents or trustee or trustees of any such holder or holders;

  • Junior Creditor means any Defaulting Bank which has not (x) fully cured each and every default on its part under the Loan Documents and (y) unconditionally tendered to the Administrative Agent such Defaulting Bank’s Pro Rata Share of all costs, expenses and disbursements required to be paid or reimbursed pursuant to the terms of the Loan Documents.

  • Existing Senior Subordinated Notes means the 10.875% Senior Subordinated Notes Due 2009 issued by the Company pursuant to the Existing Senior Subordinated Note Indenture.

  • Senior Lender Claims means (a) the principal of all Indebtedness outstanding under one or more of the Senior Lender Documents to the extent not prohibited by the Indenture (as in effect on the date hereof), and (b) all other Obligations not constituting principal of Indebtedness of any Obligor under the Senior Lender Documents, including, without limitation, all claims under the Senior Lender Documents for interest, fees, expense reimbursements, indemnification and other similar claims. Senior Lender Claims shall include all interest accrued or accruing (or which would, absent the commencement of an Insolvency or Liquidation Proceeding, accrue) after the commencement of an Insolvency or Liquidation Proceeding in accordance with and at the rate specified in the Senior Credit Agreement whether or not the claim for such interest is allowed as a claim in such Insolvency or Liquidation Proceeding. To the extent any payment with respect to the Senior Lender Claims (whether by or on behalf of any Obligor, as proceeds of security, enforcement of any right of setoff or otherwise) is declared to be fraudulent or preferential in any respect, set aside or required to be paid to a debtor in possession, trustee, receiver or similar Person, then the obligation or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding as if such payment had not occurred. Notwithstanding anything to the contrary contained in the first sentence of this definition, any principal Indebtedness (including reimbursement obligations for drawn or undrawn letters of credit) incurred under the Senior Credit Agreement shall constitute a "Senior Lender Claim" (whether or not such Indebtedness is at any time determined not to have been permitted to be incurred under the Indenture), to the extent, after giving effect to such incurrence, the aggregate principal amount of Indebtedness outstanding under the Senior Credit Agreement does not exceed $15,000,000 (less any prior permanent reductions in the Revolving Loan Commitment).

  • Subordinated Claims means the aggregate amount of all claims admitted in the winding up or dissolution of the Issuer which rank, or are expressed to rank, junior to claims in respect of the Senior Non-Preferred Notes or other Senior Non-Preferred Claims, including (without limitation) claims of creditors in respect of the Subordinated Notes, and the obligations of the Issuer which constitute, or would but for any applicable limitation on the amount of such capital constitute, Tier 2 Capital, Additional Tier 1 Capital (including, without limitation, the Issuer’s permanent interest bearing shares (if any)) or CET1 Capital (including the Issuer’s core capital deferred shares (if any)); and

  • Subordinated Claim means a Claim of the kind described in sections 726(a)(3) or 726(a)(4) of the Bankruptcy Code and/or Claims subordinated under sections 510(b) or 510(c) of the Bankruptcy Code.

  • Subordinated Lender means each Seller, in its capacity as subordinated lender pursuant to the relevant Subordinated Loan Agreement.

  • Subordinated Lenders means the holders of Subordinated Debt.

  • Senior Secured Parties means the Credit Agreement Secured Parties and any Additional Senior Debt Parties.

  • Senior Subordinate Certificates The Class B1, Class B2 and Class B3 Certificates.