Subordinated Debenture Documents definition
Examples of Subordinated Debenture Documents in a sentence
Actions undertaken by the Subordinated Holder Representative pursuant to this Agreement on behalf of the Subordinated Holders shall be undertaken at the direction or with the consent of the requisite number or percentage of Subordinated Holders to the extent required by, and in accordance with the terms of, the Subordinated Debenture Documents.
The Subordinated Holders, by their purchase of any Subordinated Debentures under the Subordinated Debenture Documents and notwithstanding any provision of any Subordinated Debenture Document to the contrary, hereby authorize the Subordinated Holder Representative to comply with its obligations under this Section 3.4.
The Subordinated Debenture Documents are deemed to have been executed and delivered, and all extensions of credit thereunder are deemed to have been made or incurred, in reliance upon this Agreement.
No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the Senior Loan Documents or the Subordinated Debenture Documents.
To the extent that any default or event of default under the Subordinated Debenture Documents gives rise to a “cross default” under the Senior Loan Documents (a “Senior Cross Default”), the cure or waiver of such default or event of default under the Subordinated Debenture Documents shall be deemed to automatically cure or waive such Senior Cross Default under the Senior Loan Documents.
In the event that any Senior Finance Document is amended to change the dates upon which payments of principal or interest on the Senior Debt are due, at the request of the Lenders, the Lenders and the Credit Parties shall amend the Subordinated Debenture Documents to change interest payment dates with respect to the Obligations such that the number of days between the interest payment dates under the Senior Finance Documents and the Subordinated Debenture Documents remain the same as on the date hereof.
Nothing in this Agreement shall affect any right that the Lenders may otherwise have to bring any action or proceeding relating to this Agreement or the other Subordinated Debenture Documents against such Credit Party or their properties in the courts of any jurisdiction.
Nothing in this Agreement or in the other Subordinated Debenture Documents, expressed or implied, is intended to confer upon any party other than the parties hereto and thereto any rights, remedies, obligations or liabilities under or by reason of this Agreement or the other Subordinated Debenture Documents.
This Agreement, together with the other Subordinated Debenture Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and thereof and supersedes all prior agreements, written or oral, on such subject matter.
Any representation, warranty or statement made or deemed to be made by any Credit Party herein, in any of the other Subordinated Debenture Documents, or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove untrue in any material respect on the date as of which it was made or deemed to have been made.