Specified Senior Indebtedness means, without duplication, such Indebtedness as the Company shall designate as “Specified Senior Indebtedness” by notice to the Trustee in writing; provided that the aggregate principal amount of Specified Senior Indebtedness shall not exceed $550,000,000 at any one time outstanding; provided, further, that all Specified Senior Indebtedness must constitute:
Specified Senior Indebtedness or “Specified Guarantor Senior Indebtedness” or give any such other Debt any other similar designation for the purposes of such Permitted Additional Debt Document related to such Permitted Additional Debt that is subordinated to the Obligations or any other Debt.
Specified Senior Indebtedness means (a) all Senior Indebtedness of the Company in respect of the Credit Facility and any renewals, amendments, extensions, supplements, modifications, deferrals, refinancings, or replacements (each, for purposes of this definition, a "refinancing") thereof by the Company, including any successive refinancings thereof by the Company and (b) any other Senior Indebtedness and any refinancings thereof by the Company having a principal amount of at least $5 million as of the date of determination and provided that the agreements, indentures or other instruments evidencing such Senior Indebtedness or pursuant to which such Senior Indebtedness was issued specifically designates such Senior Indebtedness as "Specified Senior Indebtedness" for purposes of this Indenture. For purposes of this definition, a refinancing of any Specified Senior Indebtedness shall be treated as a Specified Senior Indebtedness only if the Senior Indebtedness issued in such refinancing ranks or would rank PARI PASSU with the Specified Senior Indebtedness refinanced and only if the Senior Indebtedness issued in such refinancing is permitted by Section 1007.
Examples of Specified Senior Indebtedness in a sentence
With respect to the lenders or holders of Specified Senior Indebtedness, the Holders of Securities undertake to perform or to observe only such of their covenants and obligations as are specifically set forth in this Article 13 and no implied covenants or obligations with respect to the lenders or holders of Specified Senior Indebtedness shall be read into this Indenture against the Holders of Securities.
No right of any present or future holder of any Specified Senior Indebtedness to enforce the subordination herein will at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or by any non-compliance by the Issuer with the terms, provisions and covenants of this Indenture or any other Indenture Documents, regardless of any knowledge thereof which any such holder may have or be otherwise charged with.
Same-Sex Marriage and Constitutional Law, DISSENT, Summer2009, at 43, 53, available at http://www.dissentmagazine.org/article/a-right-to-marry-same-sex-marriage-and- constitutional-law.
For greater certainty and without limiting the generality of the foregoing, the Debentures shall be subordinated, in accordance with the provisions of Article 5, to the Specified Senior Indebtedness.
The subordination of the Debentures to the Specified Senior Indebtedness and the provisions of this Article 5 do not impair in any way the right of a Holder to convert its Debentures pursuant to Article 6, or to receive Common Shares or other securities similar in nature thereto upon any conversion pursuant to Article 6.
More Definitions of Specified Senior Indebtedness
Specified Senior Indebtedness means, with respect to the Company, the Note Issuer or a Guarantor, as the case may be, (i) any Indebtedness of such Person under the Bank Credit Agreement, and (ii) after all Indebtedness specified in clause (i) above is no longer outstanding, any other Senior Indebtedness of such Person permitted under the Indenture the outstanding principal amount of which is more than $25,000,000 at the time of determination and that has been designated by such Person as "Specified Senior Indebtedness."
Specified Senior Indebtedness means (i) the Indebtedness of any Person, whether outstanding on the Issue Date or thereafter incurred, and (ii) accrued and unpaid interest (including interest accruing on or after the filing of any petition in bankruptcy or for reorganization relating to such Person to the extent post filing interest is allowed in such proceeding) in respect of (A) Indebtedness of such Person for money borrowed and (B) Indebtedness evidenced by notes, debentures, bonds or other similar instruments for the payment of which such Person is responsible or liable unless, in the case of either clause (i) or (ii), in the instrument creating or evidencing the same pursuant to which the same is outstanding, it is provided that such obligations are subordinate in right of payment to the Securities; PROVIDED, HOWEVER, that Specified Senior Indebtedness shall not include (1) any obligation of such Person to any Subsidiary of such Person, (2) any liability for Federal, state, local or other taxes owed or owing by such Person, (3) any accounts payable or other liability to trade creditors arising in the ordinary course of business (including Guarantees thereof or instruments evidencing such liabilities), (4) any obligations in respect of Capital Stock of such Person or (5) that portion of any Indebtedness which at the time of incurrence is incurred in violation of this Indenture.
Specified Senior Indebtedness means up to $1,190,000,000 aggregate principal amount of the Senior Notes and/or the Senior Bridge Loans.
Specified Senior Indebtedness means (i) the Indebtedness of any Person, whether outstanding on the date of this Indenture or thereafter incurred and (ii) accrued and unpaid interest (including interest accruing on or after the filing of any petition in bankruptcy or for reorganization relating to such Person to the extent post filing interest is allowed in such proceeding) in respect of (A) Indebtedness of such Person for money borrowed and (B) Indebtedness evidenced by notes, debentures, bonds or other similar instruments for the payment of which such Person is responsible or liable unless, in the case of either clause (i) or (ii), in the instrument creating or evidencing the same pursuant to which the same is outstanding, it is provided that such obligations are subordinate in right of payment to the Notes; provided, however, that Specified Senior Indebtedness shall not include (1) any obligation of such Person to any Subsidiary of such Person, (2) any liability for Federal, state, local or other taxes owed or owing by such Person, (3) any accounts payable or other liability to trade creditors arising in the ordinary course of business (including Guarantees thereof or instruments evidencing such liabilities), (4) any obligations in respect of Capital Stock of such Person or (5) that portion of any Indebtedness which at the time of incurrence is incurred in violation of this Indenture.
Specified Senior Indebtedness means Senior Indebtedness under the New Credit Agreement or any replacement or substitute facility or facilities thereof and each single issue of other Senior Indebtedness having an outstanding principal balance of $50 million or more.
Specified Senior Indebtedness means all Funded Indebtedness (which for purposes of Section 8.01(j) only, shall also include Indebtedness of any type described in clause (c) of the definition of “Indebtedness”) of the Obligors.
Specified Senior Indebtedness means (i) Indebtedness of the Company under the Bank Credit Facility and (ii) so long as no Indebtedness under the Bank Credit Facility is outstanding, on any date of determination, any Senior Indebtedness if the sum of (A) the outstanding principal amount of all Senior Indebtedness plus (B) the amount of unused revolving credit, letter of credit and working capital commitments of lenders included in such Senior Indebtedness, is not less than $20,000,000 on such date.