Examples of Subordinated Debenture Documents in a sentence
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.
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.
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.
On or before the Effective Date, JCC and the applicable Persons in the Bank/Underwriter Group shall execute and deliver the A Term Loan Documents, the B Term Loan Documents, the Working Capital Loan Documents and the Convertible Junior Subordinated Debenture Documents, pursuant to which JCC will obtain the A Term Loan, the B Term Loan and the Working Capital Credit Facility and issue the Convertible Junior Subordinated Debentures.
Subject to satisfaction of and compliance with all terms and conditions precedent set forth in Section 6 below, Lender consents to the issuance by Ultimate Parent of the Convertible Subordinated Debentures and related transactions in accordance with the terms and conditions of the Convertible Subordinated Debenture Documents and the performance of Ultimate Parent's obligations and agreements thereunder.
Enforce any and all rights and interests created and existing under the Subordinated Debenture Documents, including, without limitation, all rights and remedies against a Guarantor and all rights of set-off.
Each notice pursuant to this Section 6.01(i) shall (i) be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower or any other Credit Party has taken and proposes to take with respect thereto and (ii) describe with particularity any and all provisions of this Agreement or the other Subordinated Debenture Documents that have been breached.
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.