Subordinated Creditor Indenture definition

Subordinated Creditor Indenture. Subordinated Indenture Indebtedness" "Subordinated Indenture Agreements"
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Subordinated Creditor Indenture. Subordinated Indenture Indebtedness" "Subordinated Indenture Agreements" "Trademark Assignment"
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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 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.

  • 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 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).

  • 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.

  • 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 or the Subordinated Creditor Indenture or any other documents executed in connection therewith (including, without limitation, any UCC-1 financing statements or fixture filings).

  • 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.

  • 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 ________________________________________ [SEAL] 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" "Subordinated Creditor Mortgage"
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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 or indentures, pursuant to which the Subordinated Notes are issued, as such indenture or indentures may be amended from time to time to the extent permitted under subsection 7.12B.

  • 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 June 11, 2003, among Xxxxxxxxx Technologies Corporation, as issuer, the subsidiary guarantors party thereto, and The Bank of New York, as trustee, pursuant to which the Senior Subordinated Notes shall have been issued, as amended or otherwise modified to the extent permitted under Section 5.02(j).

  • 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 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.

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

  • ABL Intercreditor Agreement means that certain ABL Intercreditor Agreement, dated as of the Closing Date, by and among the Collateral Agent, the ABL Collateral Agent and the other parties party thereto, as may be amended, amended and restated, modified, supplemented, extended or renewed from time to time in accordance with the terms hereof and thereof.

  • 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 the Amended and Restated Credit Agreement dated as of July 31, 2008 among the Company, as Borrower, JPMorgan Chase Bank, N.A., as Administrative Agent, and the lenders parties thereto from time to time, including any guarantees, collateral documents, instruments and agreements executed in connection therewith, and any amendments, supplements, modifications, extensions, renewals, restatements, refundings or refinancings thereof and any indentures or credit facilities or commercial paper facilities with banks or other institutional lenders or investors that replace, refund or refinance any part of the loans, notes, other credit facilities or commitments thereunder, including any such replacement, refunding or refinancing facility or indenture that increases the amount borrowable thereunder or alters the maturity thereof (provided that such increase in borrowings is permitted under Section 1111).

  • ABL Secured Parties means “Secured Parties” as defined in the ABL Credit Agreement.

  • 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 revolving credit facility and other credit facilities under the Credit Agreement, including any guarantees, collateral documents, instruments and agreements executed in connection therewith, and any amendments, supplements, modifications, extensions, renewals, restatements, refundings, refinancings or replacements thereof and any one or more indentures or credit facilities or commercial paper facilities with banks or other institutional lenders or investors that replace, refund, supplement or refinance any part of the loans, notes, other credit facilities or commitments thereunder, including any such replacement, refunding or refinancing facility or indenture that increases the amount borrowable thereunder or alters the maturity thereof (provided that such increase in borrowings is permitted under Section 4.09 hereof) or adds Restricted Subsidiaries as additional borrowers or guarantors thereunder and whether by the same or any other agent, trustee, lender or group of lenders or holders.

  • 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 the agreements governing any Junior Debt.

  • 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 is defined as the principal of, premium, if any, and interest (including interest accruing after the filing of a petition initiating any proceeding under any state, federal or foreign bankruptcy laws whether or not allowable as a claim in such proceeding) on any Indebtedness of any Guarantor (other than as otherwise provided in this definition), whether outstanding on the date of this Indenture or thereafter created, incurred or assumed, and whether at any time owing, actually or contingent, unless, in the case of any particular Indebtedness, the instrument creating or evidencing the same or pursuant to which the same is outstanding expressly provides that such Indebtedness shall not be senior in right of payment to any Guarantee. Without limiting the generality of the foregoing, “Guarantor Senior Indebtedness” shall include (i) the principal of, premium, if any, and interest (including interest accruing after the filing of a petition initiating any proceeding under any state, federal or foreign bankruptcy law whether or not allowable as a claim in such proceeding) and all other obligations of every nature of any Guarantor from time to time owed to the lenders (or their agent) under the Bank Credit Agreement; provided, however, that any Indebtedness under any refinancing, refunding or replacement of the Bank Credit Agreement shall not constitute Guarantor Senior Indebtedness to the extent that the Indebtedness thereunder is by its express terms subordinate to any other Indebtedness of any Guarantor, (ii) Indebtedness evidenced by any guarantee of the Founders’ Notes and (iii) Indebtedness under Interest Rate Agreements. Notwithstanding the foregoing, “Guarantor Senior Indebtedness” shall not include (i) Indebtedness evidenced by the Guarantees, (ii) Indebtedness that is subordinate or junior in right of payment to any Indebtedness of any Guarantor, (iii) Indebtedness which when incurred and without respect to any election under Section 1111(b) of Title 11 of the United States Code, is without recourse to any Guarantor, (iv) Indebtedness which is represented by Disqualified Equity Interests, (v) any liability for foreign, federal, state, local or other taxes owed or owing by any Guarantor to the extent such liability constitutes Indebtedness, (vi) Indebtedness of any Guarantor to a Subsidiary or any other Affiliate of the Company or any of such Affiliate’s subsidiaries, (vii) Indebtedness evidenced by any guarantee of any Subordinated Indebtedness or Pari Passu Indebtedness, (viii) that portion of any Indebtedness which at the time of issuance is issued in violation of this Indenture, and (ix) Indebtedness owed by any Guarantor for compensation to employees or for services.

  • Senior Creditors means creditors of the Issuer: (a) who are unsubordinated creditors of the Issuer; (b) whose claims are, or are expressed to be, subordinated to the claims of unsubordinated creditors of the Issuer but not further or otherwise; or (c) whose claims are, or are expressed to be, junior to the claims of other creditors of the Issuer, whether subordinated or unsubordinated, other than those whose claims rank, or are expressed to rank, pari passu with, or junior to, the claims of the Holders in a winding-up in respect of the Securities (and, for the avoidance of doubt, Senior Creditors shall include holders of Tier 2 Capital instruments);