Shareholder Subordinated Loan Agreement definition

Shareholder Subordinated Loan Agreement means the Exchange and Subordinated Loan Agreement, dated as of December 23, 1996, between HCC and the lenders parties thereto, as amended, supplemented or otherwise modified from time to time.
Sample 1Sample 2
Shareholder Subordinated Loan Agreement means the amended and restated shareholder subordinated loan agreement dated as of June 6, 1996 between MAA, MIP and Wheaton Alumbrera (as assignee of Wheaton Cayman) and Rio Algom as assignees of the original interests of MEB, as subsequently amended;
Sample 1

Examples of Shareholder Subordinated Loan Agreement in a sentence

  • The obligations of the Guarantors under the Agreement constitute "Senior Indebtedness" of such applicable Guarantors under and as defined in the Shareholder Subordinated Loan Agreement.

  • The Guaranteed Obligations constitute "Senior Indebtedness" of HCC under and as defined in the Shareholder Subordinated Loan Agreement.

  • The obligations of Holdings, HCC and their Subsidiaries under the Guarantees and Equipment Guarantees constitute "Senior Indebtedness" of such applicable Loan Party under and as defined in the Shareholder Subordinated Loan Agreement.

  • The Agent, with the consent of the Required Banks, hereby consents to HCC entering into the Shareholder Subordinated Loan Agreement in the form attached hereto as Exhibit B and incurring Shareholder Subordinated Debt thereunder.

  • The Administrative Agent and the Required Lenders hereby waive any violation of subsection 7.7(a) of the Credit Agreement as a result of any failure by HCC prior to the date hereof to give notice to the Administrative Agent and each Lender of HCC's defaults under subsection 5.6, Section 6 and subsections 7.1(c), (d) and (k) of the Shareholder Subordinated Loan Agreement.

  • If the parties cannot agree on the price for the next succeeding period of performance by the end of the current period, then the price in effect at the end of such period will continue for an additional ninety (90) calendar days.

  • The Guaranteed Obligations constitute ------------------------ "Senior Indebtedness" of HCC under and as defined in the Shareholder Subordinated Loan Agreement.

  • The Agent and the Lenders hereby waive compliance with the provisions of Section 5.8 of the Loan Agreement solely with respect to (a) the transactions contemplated by the Exchange Agreement (the "Exchange Agreement"), dated as of December 23, 1996, by and between the Borrower and JEDI, a copy of which is attached hereto as Exhibit A and (b) the transactions contemplated by the Shareholder Subordinated Loan Agreement, a copy of which is attached hereto as Exhibit B.

  • The Agent and the Lenders hereby consent to the Borrower entering into the Shareholder Subordinated Loan Agreement in the form attached hereto as Exhibit B and making the borrowings contemplated thereunder.

Related to Shareholder Subordinated Loan Agreement

  • Subordinated Loan Agreement means any loan agreement made or to be made between (i) any Borrower and (ii) a Subordinated Creditor.

  • Intercompany Subordination Agreement means an intercompany subordination agreement, dated as of even date with this Agreement, executed and delivered by each Loan Party and each of its Subsidiaries, and Agent, the form and substance of which is reasonably satisfactory to Agent.

  • Subordinated Loan Documents means at any time the agreements and other documents then governing the Subordinated Indebtedness.

  • Senior Loan Agreement means that certain Term Loan Agreement, dated as of June 26, 2015, by and among Borrower and Senior Lenders, as amended, restated, supplemented or otherwise modified from time to time.

  • Affiliate Subordination Agreement means an Affiliate Subordination Agreement in the form of Exhibit F pursuant to which intercompany obligations and advances owed by any Loan Party are subordinated to the Obligations.

  • Subordinated Loan has the meaning set forth in Section 1.2(a) of the Agreement.

  • Bridge Loan Agreement means the 364-day Bridge Loan Agreement dated as of April 3, 2012, as amended, restated, supplemented or otherwise modified, among the Company, the lenders party thereto and Xxxxxx Xxxxxxx Senior Funding, Inc., as administrative agent.

  • Mortgage Loan Agreement means the Loan Agreement, dated as of June 17, 2022, between the Mortgage Loan Borrower, as borrower, and Xxxxx Fargo Bank, National Association, as lender, as the same may be further amended, restated, supplemented or otherwise modified from time to time, subject to the terms hereof.

  • Senior Subordinated Note Documents means the Senior Subordinated Notes Indenture and all other instruments, agreements and other documents evidencing the Senior Subordinated Notes or providing for any guarantee or other right in respect thereof.

  • Existing Senior Subordinated Notes means the Issuer’s 10 1⁄8% Senior Subordinated Notes due 2016 issued pursuant to the Indenture dated as of December 1, 2006, among the Issuer, the Guarantors listed therein and The Bank of New York Mellon as Trustee.

  • Existing Loan Agreement has the meaning set forth in the recitals to this Agreement.

  • Term Loan Agreement has the meaning assigned to such term in the recitals of this Agreement.

  • Existing Subordinated Notes means any instrument or loan issued or incurred before 1 January 2013, whether publicly or privately placed, ranking or expressed to be ranking pari passu with all other subordinated obligations (except for those subordinated obligations expressed by their terms to rank junior), provided that should any such Existing Subordinated Notes be amended in any way (contractually or by statute) which would result in allowing the Issuer to issue subordinated notes ranking senior thereto, then such Subordinated Notes would be deemed to no longer constitute an Existing Subordinated Note. As a result, in the event of liquidation or bankruptcy of the Issuer or in the event of a Moratorium (as defined in Condition 3 of the Conditions of the Notes) with respect to the Issuer, the claims of the holders of the Subordinated Notes ("Subordinated Noteholders") against the Issuer will be:

  • Prior Loan Agreement is defined in Recital A of this Agreement.

  • Management Fee Subordination Agreement means that certain Amended and Restated Management Fee Subordination Agreement, dated as of the Closing Date, by and between the Sponsor and Agent and acknowledged by the Borrower.

  • Senior Subordinated Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.

  • Subordinated Liabilities means liabilities subordinated to the Borrower’s obligations to the Bank in a manner acceptable to the Bank in its sole discretion.

  • Intercompany Loan Agreement has the meaning set forth in the Purchase and Sale Agreement.

  • Senior Subordinated Indenture means the Indenture, dated as of August 30, 2007, among the Company, the subsidiary guarantors party thereto from time to time and Xxxxx Fargo Bank, National Association, as trustee, governing the 13.5% Senior Subordinated Notes due 2015 of the Company, as the same may be amended, supplemented, waived or otherwise modified from time to time.

  • Project Loan Agreement means the Project Loan Agreement dated as of the date hereof among the Borrower, the Governmental Lender and the Fiscal Agent, as amended, supplemented or restated from time to time.

  • Senior Subordinated Debt means the Indebtedness represented by the Senior Subordinated Notes (including the Note Guarantees, Exchange Notes (each as defined in the Senior Subordinated Debt Documents), guarantees of Exchange Notes and any replacement Exchange Notes).

  • Funding Loan Agreement means the Funding Loan Agreement, of even date herewith, among the Governmental Lender, the Fiscal Agent and the Funding Lender, as it may from time to time be supplemented, modified or amended by one or more amendments or other instruments supplemental thereto entered into pursuant to the applicable provisions thereof.

  • 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 Subordinated Notes means the Borrower’s 9.75% Senior Subordinated Notes due 2014, in an original aggregate principal amount of $225,000,000.

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

  • Subordinated Loans means any loan incurred by the Issuer or any of its Subsidiaries, if such loan (i) according to its terms (or pursuant to a subordination agreement on terms and conditions satisfactory to the Trustee) is subordinated to the obligations of the Issuer under the Terms and Conditions; (ii) according to its terms have a final redemption date or, when applicable, early redemption dates or instalment dates which occur after the Final Redemption Date; and (iii) according to its terms yield only payment-in-kind interest.