Subordinated Creditor Agreements definition

Subordinated Creditor Agreements means, collectively, the Subordinated Creditor Note, the Subordinated Creditor Security Agreement, and any other document, instrument, or agreement now existing or in the future entered into by or in favor of Subordinated Creditor by Debtor in connection with the Subordinated Creditor Indebtedness or the Collateral, together with any amendments, replacements, substitutions, or restatements thereof, all guaranties of the Senior Creditor Indebtedness and all security agreements securing the obligations under such guaranties.
Subordinated Creditor Agreements appearing in Section 1 of the Agreement shall be amended by replacing the wordsthe Note (as defined in the Subordinated Creditor Agreements)” with the words “the Newcastle Note”.
Subordinated Creditor Agreements means, collectively, the Subordinated Creditor Loan Agreement, and any other document, instrument, or agreement now existing or in the future entered into by or in favor of Subordinated Creditor and Debtor in connection with the Subordinated Creditor Indebtedness or the Collateral, together with any amendments, replacements, substitutions, or restatements thereof.

Examples of Subordinated Creditor Agreements in a sentence

  • No default or event of default, or condition or event which with notice or the passage of time or both would constitute an event of default exists or has occurred as of the date of this Amendment under the Subordinated Creditor Agreements.

  • In the event of any conflict between this Agreement and any of the Subordinated Creditor Agreements, this Agreement shall control.

  • After any default or event of default under the Senior Creditor Agreements or the Subordinated Creditor Agreements, the parties hereto shall reasonably cooperate with each other prior to, during and in connection with the assertion and enforcement of any remedies that each such party may have.

  • Except as set forth in Section 11(e)(ii)(A) hereof, nothing contained herein shall prohibit or in any way limit Senior Agent or any other Senior Creditor from objecting in any Insolvency Proceeding involving an Obligor to any action taken by the Subordinated Creditor, including the seeking by the Subordinated Creditors of adequate protection or the assertion by the Subordinated Creditors of any of their rights and remedies under the Subordinated Creditor Agreements.

  • Subordinated Creditors agree that they shall not assign or transfer any of the Subordinated Creditor Indebtedness or any of their rights under the Subordinated Creditor Agreements, (including any liens and security interests in the Collateral) without (a) prior notice being given to Senior Agent and (b) such assignment or transfer being made expressly subject to the terms of this Agreement.

  • Notwithstanding the foregoing, if the “Merger Agreement” (as defined in the Subordinated Creditor Loan Agreement) is terminated prior to consummation of the Change of Control, Subordinated Agent, on behalf of the Subordinated Creditors, may accelerate the maturity of the Subordinated Creditor Indebtedness (to the extent it has the right to do so under the Subordinated Creditor Agreements) and may send written notice of such acceleration to Senior Agent to commence the Standstill Period.

  • Nothing in this Agreement shall restrict or prohibit the Subordinated Creditor from taking any action to declare the Borrower in default of its obligations to the Subordinated Creditor and/or sending notice of any Event of Default under the Subordinated Creditor Agreements.

  • Each Subordinated Creditor and the Administrative Agent shall promptly notify Senior Creditor in writing of the occurrence of any of the following as applicable to such Subordinated Creditor: (i) any default or event of default under the Subordinated Creditor Agreements; or (ii) the demand for payment of, acceleration of, or termination of any Subordinated Creditor Obligations.

  • Borrowers acknowledge that upon the making of such payment, no default or event of default, or event which with notice or the passage of time or both would constitute an event of default exists under the Subordinated Creditor Agreements.

  • Subordinated Agent agrees to place or cause to be placed on the face of each original of the Subordinated Creditor Agreements and each note and instrument now or in the future evidencing or securing the Subordinated Creditor Indebtedness, a legend that reads substantially as set forth below, and shall promptly deliver a copy of such legended agreement, promissory note, or instrument to Senior Agent.


More Definitions of Subordinated Creditor Agreements

Subordinated Creditor Agreements means that certain Note Purchase Agreement by and between Borrower, Subordinated Creditor, and Eugene O'Donovan dated as of June 22, 2000, and the related notes, sexxxxxx xxxxxxxxxs, and other documents and agreements, as the same has been and may in the future be modified, extended, or replaced from time to time.

Related to Subordinated Creditor Agreements

  • 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;

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

  • Second Lien Intercreditor Agreement means a “junior lien” Intercreditor Agreement, which shall be in form and substance reasonably satisfactory to the Administrative Agent, among the Administrative Agent and one or more Designated Representatives for holders of Alternative Incremental Facility Indebtedness or Permitted Junior Secured Refinancing Debt.

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

  • First Lien Intercreditor Agreement means an Intercreditor Agreement substantially in the form of Exhibit L among the Administrative Agent, the Collateral Agent and the representatives for purposes thereof for any other First Lien Secured Parties, with such changes thereto as may be reasonably acceptable to the Administrative Agent; provided that such changes are not materially adverse to the Lenders.

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • 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;

  • ABL Intercreditor Agreement means the Intercreditor Agreement substantially in the form of Exhibit K hereto, dated as of the date hereof, by and among the Collateral Agent, the ABL Collateral Agent, the other agents party thereto (if any) and the Obligors, as may be amended, restated, amended and restated, supplemented, waived or otherwise modified from time to time in accordance with the terms hereof, the ABL Credit Agreement, and the provisions of such ABL Intercreditor Agreement.

  • Junior Lien Intercreditor Agreement means an intercreditor agreement in form and substance reasonably satisfactory to the Administrative Agent between the Administrative Agent and one or more collateral agents or representatives for the holders of Indebtedness that is secured by a Lien on the Collateral ranking junior to the Liens of the Loan Documents.

  • Intercreditor Agreements means the First Lien Intercreditor Agreement and the Junior Lien Intercreditor Agreement, collectively, in each case to the extent in effect.

  • Existing Intercreditor Agreement means the existing intercreditor agreement dated 11 May 2007 (as amended by a letter dated 21 June 2007 and a further letter dated 29 June 2007, as amended and restated on 5 November 2009 and as further amended on 5 November 2010) between, inter alia, Beverage Packaging Holdings (Luxembourg) I S.A., Rank Group Holdings Limited (now Xxxxxxxx Group Holdings Limited), Beverage Packaging Holdings (Luxembourg) II S.A., Beverage Packaging Holdings (Luxembourg) III S.à x.x., Credit Suisse AG (formerly Credit Suisse) as security trustee and others.

  • First Lien/First Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • Other Intercreditor Agreement an intercreditor agreement in form and substance reasonably satisfactory to the Borrower and the Collateral Agent.

  • 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 Loan Agreement means the subordinated loan agreement dated on or about the Closing Date, as amended from time to time, and entered into by, amongst others, the Issuer, the Subordinated Lender and the Security Trustee, under which the Subordinated Lender will advance (or has advanced) the Subordinated Loan to the Issuer.

  • Senior Credit Agreement has the meaning specified therefor in the Recitals hereto.

  • Term Loan Intercreditor Agreement means that certain Intercreditor Agreement substantially in the form of Exhibit L hereof, dated as of the date hereof, among the administrative agent under the Term Loan Credit Agreement, the Administrative Agent on behalf of the Secured Parties, and the Loan Parties, as amended and in effect from time to time.

  • Senior Lender means each holder of a Senior Note.

  • Subordinated Debt Documents means any documents evidencing and/or securing Debt governed by a Subordination Agreement, all of which documents must be in form and substance acceptable to Agent in its sole discretion. As of the Closing Date, there are no Subordinated Debt Documents.

  • Intercreditor Agreement means the Intercreditor Agreement dated as of the Issue Date (and as may be amended, restated, amended and restated, supplemented or otherwise modified from time to time), between, among others, the Company, the Guarantors, the Trustee, the Collateral Agent, and each additional authorized representative and collateral agent from time to time party thereto.

  • 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 Agent has the meaning set forth in the Intercreditor Agreement.

  • Senior Debt Documents means (a) the Credit Agreement Loan Documents and (b) any Additional Senior Debt Documents.

  • Second Lien Loan Documents means the Second Lien Credit Agreement and the other “Loan Documents” under and as defined in the Second Lien Credit Agreement, as each such document may be amended, renewed, restated, supplemented or otherwise modified from time to time.

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

  • Intercreditor Agent has the meaning given to such term in the Intercreditor Agreement.