Subordinated Creditor Indenture definition

Subordinated Creditor Indenture. Subordinated Indenture Indebtedness" "Subordinated Indenture Agreements"
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Subordinated Creditor Indenture. Subordinated Creditor" "Subordinated Creditor Mortgage"
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Subordinated Creditor Indenture means that certain Indenture, dated as of July 22, 1997 among Borrower, as issuer, the subsidiary guarantor's named therein, and Subordinated Creditor, as such agreement may be amended, modified, supplemented, refinanced, or replaced from time to time in accordance with the provisions of this Agreement and the Intercreditor Agreement.
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Examples of Subordinated Creditor Indenture in a sentence

  • The Subordinated Creditor has the power, authority and legal right pursuant to the Subordinated Creditor Indenture to execute, deliver and perform this Agreement.

  • The Subordinated Creditor has been duly authorized pursuant to the Subordinated Creditor Indenture to enter into this Subordination Agreement on behalf of the Holders (as defined in the Subordinated Creditor Indenture) and this Subordination Agreement constitutes the valid and binding obligations of the Subordinated Creditor on behalf of such Holders enforceable against the Subordinated Creditor on behalf of such Holders in accordance with its terms.

  • The rights and priorities set forth in this Paragraph 2(a) shall be effective notwithstanding the order of creation, attachment, vesting or perfection of the rights of McDonald's under the Senior Mortgages, or of the Subordinated Creditor under the Subordinated Mortgages, the Subordinated Creditor Indenture or any other documents executed in connection therewith (including, without limitation, any UCC-1 financing statements or fixture filings).

  • Notwithstanding any term herein to the contrary, it is hereby expressly agreed and acknowledged that the subordination and related agreements set forth herein by the Subordinated Creditor are made solely in its capacity as trustee and collateral agent under the Subordinated Creditor Indenture and with respect to the Subordinated Creditor Notes (and not in its individual commercial capacity, except to the extent that it is or becomes the holder of any such Subordinated Creditor Note).

  • It is further expressly acknowledged that the subordination and related agreements set forth herein by the Subordinated Creditor are made solely in its capacity as Trustee under the Subordinated Creditor Indenture and with respect to the Notes issued thereunder (and not in its individual commercial capacity).

  • Notwithstanding any term herein to the contrary, it is hereby expressly agreed and acknowledged that the terms of this Agreement applicable to or governing the Subordinated Creditor shall at all times and in all respects, whether or not expressly referenced therein, be subject to the terms, protections and benefits set forth in Article Seven of the Subordinated Creditor Indenture.

  • STATE STREET BANK AND TRUST COMPANY, solely in its capacity as trustee and collateral agent under and pursuant to the Subordinated Creditor Indenture By: /s/ Xxxx Xxx Xxxxxx --------------------------------- Name: Xxxx Xxx Xxxxxx Title: Vice President ATTEST: By: /s/ Xxxxxxx Xxxxxxxx --------------------------------- Name: Xxxxxxx Xxxxxxxx Title: Assistant Secretary [Corporate Seal] Signed, sealed and delivered in the presence of: /s/ X.

  • STATE STREET BANK AND TRUST COMPANY, solely in its capacity as trustee and collateral agent under and pursuant to the Subordinated Creditor Indenture By: /s/ Xxxx Xxx Xxxxxx ---------------------- Name: Xxxx Xxx Xxxxxx Title: Vice President XXXXXXXX'X CORPORATION By: /s/ Xxxxxx Xxxxxxx ------------------- Name: Xxxxxx Xxxxxxx Title: Vice President, Dupty General Counsel and Secretary DISCOVERY ZONE, INC.

  • In The Presence of (witnesses STATE STREET BANK AND TRUST COMPANY, for both STATE STREET BANK AND soley in its capacity as trustee and TRUST COMPANY signatories): collateral agent under and pursuant to the Subordinated Creditor Indenture /s/ Xxxxxxx X.

  • STATE STREET BANK AND TRUST COMPANY, solely in its capacity as trustee and collateral agent under and pursuant to the Subordinated Creditor Indenture By: /s/ Xxxx Xxx Xxxxxx ____________________________________ Name: Xxxx Xxx Xxxxxx Title: Vice President XXXXXXXX'X CORPORATION By: /s/ Xxxxxx Xxxxxxx ____________________________________ Name: Xxxxxx Xxxxxxx Title: Vice President, Deputy General Counsel and Secretary DISCOVERY ZONE, INC.


More Definitions of Subordinated Creditor Indenture

Subordinated Creditor Indenture. Subordinated Creditor Intercreditor Agreement" "Subordinated Indenture Indebtedness" "Subordinated Indenture Agreements" "Trademark Assignment"
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Related to Subordinated Creditor Indenture

  • Senior Indenture means the Senior Indenture dated the date hereof between the Company and , as Trustee, as amended, modified or supplemented from time to time.

  • 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.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Subordinated Indenture means the Subordinated Note Indenture, dated as of ________ __, 19__, between the Depositor and the Indenture Trustee, as supplemented by the Supplemental Indenture.

  • 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.

  • Debenture Indenture means the Indenture, dated as of December 1, 1989, between United Parcel Service of America, Inc. and Chemical Bank pursuant to which the 8-3/8% Debentures Due April 1, 2020 were issued, as in effect on the date of this Agreement (without giving effect to any amendment, supplement or other modification thereto, any repayment or covenant defeasance thereunder or any termination thereof), a copy of which is attached as Exhibit F hereto.

  • 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.

  • Second Lien Indenture has the meaning set forth in the recitals.

  • 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.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Senior Secured Credit Agreement means that certain Credit Agreement, dated as of September 27, 2018, among the Borrowers, the lenders from time to time party thereto, JPMCB as administrative agent, JPMCB as collateral agent, and the other parties thereto, as amended, restated, amended, restated, extended, supplemented, refinanced or otherwise modified from time to time.

  • ABL Secured Parties means the ABL Representative, the ABL Creditors and any other holders of the ABL Obligations.

  • 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;

  • Note Indenture means the Note Indenture dated as of May 17, 2001, between the Note Issuer and the Note Trustee, as the same may be amended and supplemented from time to time.

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

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

  • Senior Secured Notes Trustee means U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, as trustee under the Senior Secured Notes Indenture.

  • Senior Secured Credit Facilities means the amended and restated senior secured credit facilities dated November 30, 2016 among Studio City Company Limited, the guarantors named therein, the financial institutions named as lenders therein and the agent for such lenders, including any related notes, guarantees, collateral documents, instruments and agreements executed in connection therewith, as such facilities may be amended, restated, modified, renewed, supplemented, replaced or refinanced from time to time.

  • Senior Secured Credit Facility means the Loan and Security Agreement, dated as of May 31, 2017 by and among the Company and Western Alliance Bank (as amended, amended and restated, supplemented or otherwise modified from time to time, subject to the limitations herein).

  • Junior Debt Documents means any agreement, indenture or instrument pursuant to which any Junior Debt is issued, in each case as amended to the extent permitted under the Loan Documents.

  • Second Lien Notes Trustee “Second Lien Noteholder”, “High Yield Agent”, “HY Borrower”, “High Yield Creditor”, “High Yield Lender”, “Unsecured Agent”, “Unsecured Lender”, “Security Agent”, “Security Grantor”, “Senior Agent”, “Senior Arranger”, “Senior Borrower”, “Senior Creditor”, “Senior Guarantor”, “Senior Lender”, “Senior Secured Notes Guarantor”, “Senior Secured Notes Issuer”, “Senior Secured Notes Trustee”, “Senior Secured Noteholder”, “Subordinated Creditor”, “Permitted Affiliate Parent”, the “Company” or any other person shall be construed so as to include its successors in title, permitted assigns and permitted transferees and, in the case of the Security Agent, any person for the time being appointed as Security Agent or Security Agents in accordance with this Agreement;

  • Guarantor Senior Indebtedness means all indebtedness, obligations or liabilities of the Guarantor, whether outstanding at the date of effectiveness of the Fifth Supplemental Indenture to the Indenture or thereafter incurred, assumed, guaranteed or otherwise created (including, without limitation, interest accruing on or after a bankruptcy or other similar event, whether or not an allowed claim therein), in respect of (A) indebtedness of the Guarantor for money borrowed, (B) indebtedness evidenced by securities, debentures, bonds, notes or other similar instruments issued by the Guarantor, (C) all capital lease obligations of the Guarantor, (D) all obligations of the Guarantor issued or assumed as the deferred purchase price of property, all conditional sale obligations of the Guarantor and all obligations of such obligor under any title retention agreement (but excluding trade accounts payable arising in the ordinary course of business), (E) all obligations of the Guarantor for reimbursement on any letter of credit, banker's acceptance, security purchase facility or similar credit transaction, (F) all obligations of the type referred to in clauses (A) through (E) of other Persons for the payment of which the Guarantor is responsible or liable as obligor, guarantor or otherwise, and (G) all obligations of the type referred to in clauses (A) through (F) of other Persons secured by any lien on any property or asset of the Guarantor (whether or not such obligation is assumed by such obligor), except for any such indebtedness, obligations or liabilities the terms of which expressly provide that such indebtedness, obligation or liability is equal or subordinated in right of payment to the Guarantor's guarantee with respect to the Subject Securities, as the case may be. For greater certainty, "Guarantor Senior Indebtedness" includes all indebtedness, obligations or liabilities between or among the Guarantor and its Affiliates, except for such indebtedness, obligations or liabilities the terms of which expressly provide that such indebtedness, obligation or liability is equal or subordinated in right of payment to the Guarantor's guarantee with respect to the Subject Securities, as the case may be.

  • 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);