Subordinated Agreement definition

Subordinated Agreement means each agreement (i) between the Primary Guarantor and the Borrower, (ii) between the Borrower and any Vessel Owner and (iii) between the Primary Guarantor and any Vessel Owner, in each case pursuant to which one party advances loans or other financial accommodations or indebtedness to the other party.

Subordinated Agreement shall have the meaning specified in Section 7, Paragraph 1 of this Agreement.

Subordinated Agreement means the collective reference to (i) the Existing Subordinated Agreement and (ii) any other credit agreement, loan agreement, securities purchase agreement, note purchase agreement, note agreement, promissory note, indenture, any other agreement or instrument evidencing or governing the terms of any indebtedness or other financial accommodation that has been incurred to extend, replace, refinance or refund in whole or in part the indebtedness and other obligations outstanding under the Existing Subordinated Agreement or any other agreement or instrument referred to in this clause (ii). Any reference to the Subordinated Agreement hereunder shall be deemed a reference to any Subordinated Agreement then extant.

Examples of Subordinated Agreement in a sentence

• No breach or default of this Note shall occur in the event that payments of the Principal Amount or interest under this Note are restricted or prohibited pursuant to the Subordinated Agreement.

• At any time after the date hereof, the Subordinated Party may request, by delivering a written request to the Senior Creditor (each an “Exception Request”), to have certain amounts, indebtedness, obligations or liabilities owing or to be owed under the Subordinated Agreement to be granted a first priority security interest position and not otherwise to be subordinated to the rights of the Senior Creditor.

• Borrower hereby represents and warrants that, after giving effect to this Amendment Agreement and the transactions contemplated hereby, no Event of Default has occurred and is continuing under the Note or related Transaction Documents as defined by the Revolving Subordinated Agreement dated November 21, 2002.

• In the event of a conflict between the terms of this Convertible Note and the terms of the Subordination Agreement, the terms of the Subordination Agreement shall prevail; provided, however, that in no event shall the Subordinated Agreement prohibit the payment by the Borrower of the cash interest payments due and payable by the Borrower to the Lender hereunder during any period in which there does not exist a default or event of default with respect to any of the Senior Obligations.

• Borrowings under the Subordinated Agreement bear interest at an aggregate rate of 13.5% per annum that consists of 12% payable in cash and 1.5% payable in cash or, at the option of the Company, added to the outstanding term loan.

More Definitions of Subordinated Agreement

Subordinated Agreement means each Subordinated Contribution Agreement, the Master Servicing Agreement and any replacement servicing agreement entered into by any Obligor in accordance with sub-clause 20.17.3 of the Facility Agreement.

Subordinated Agreement means the collective reference to (i) the Existing Subordinated Agreement and (ii) any other credit agreement, loan agreement, securities purchase agreement, note purchase agreement, note agreement, promissory note, indenture, other agreement or instrument evidencing or governing the terms of any indebtedness or other financial accommodation that has been incurred to extend, replace, refinance or refund in whole or in part the indebtedness and other obligations outstanding under the Existing Subordinated Agreement or any other agreement or instrument referred to in this clause (ii), including, without limitation, any agreement or instrument which increases the principal amount thereof. Any reference to the Subordinated Agreement hereunder shall be deemed a reference to any Subordinated Agreement then extant.

Subordinated Agreement means subordinated loan agreements and secured demand note agreements as defined in subparagraph (a) (2) of Appendix D to Rule 15c3-1.

Subordinated Agreement means that certain Subordinated Agreement, dated as of December 27, 1996, by and among the Agent and the Subordinated Creditors, as the same may be amended, modified, restated or supplemented from time to time in accordance with the terms thereof.

Subordinated Agreement any agreement, document, or instrument evidencing or governing any Subordinated Claim, or any other agreement or instrument executed pursuant thereto or in connection therewith, whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred.

Subordinated Agreement means this Subordinated Note Agreement as it may from time to time be amended, supplemented or otherwise modified. Any and all defined terms used in this Subordinated Agreement without definition in this Schedule B shall have the respective meanings assigned thereto in the Senior Credit Agreement, and any and all defined terms used in such definitions in the Senior Credit Agreement shall have the respective meanings assigned thereto in the Senior Credit Agreement unless otherwise defined in this Schedule B. THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT") AND MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT (A) TO A PERSON WHOM THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER WITHIN THE MEANING OF RULE 144A WHO IS PURCHASING THIS NOTE FOR HIS/HER OR ITS OWN ACCOUNT OR FOR THE ACCOUNTS OF ONE OR MORE QUALIFIED INSTITUTIONAL BUYERS IN A PRINCIPAL AMOUNT OF NOT LESS THAN $100,000 FOR ANY SUCH ACCOUNT, OR (B) PURSUANT TO ANOTHER APPLICABLE EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT, IN EACH CASE IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER JURISDICTION. SUBORDINATED PROMISSORY NOTE $12,000,000.00 February 22, 1999 FOR VALUE RECEIVED, the undersigned, PF Acquisition II, Inc., a New York corporation (the "Company"), promises to pay, but subject nevertheless to all of the provisions hereof, to the order of COBANK, ACB, at its offices at _____________________________________________or at such other office within the United States of America as the holder hereof may from time to time in writing appoint, the principal sum of Twelve Million Dollars ($12,000,000.00) in quarterly installments on the last day of each calendar quarter (commencing March 31, 2009) each equal to 1/40 (2.5%) of the principal balance hereof on March 31, 2009 and a final payment on February 22, 2014. The Company promises to pay interest at such office on the balance of principal from time to time outstanding and unpaid hereon (computed on the basis of a year of 365 or 366 days, as the case may be, and the actual number of days elapsed) (i) for the period from February 22, 2004 until February 22, 2009 at the rate of five (5) percent per annum and (ii) for the period from and after February 22, 2009 and until payment in full thereof at the rate of seven (7) percent per annum, such interest to be due and payable quarterly in arrears on the last day o...

Subordinated Agreement means any note, instrument or agreement between the Partnership and any Junior Claimant evidencing any indebtedness subordinated on the terms and conditions substantially in the form set forth herein.