Subordinated Debentures Documents definition
Examples of Subordinated Debentures Documents in a sentence
Under the foregoing circumstances, the rights of the Lenders and the ability of the Lenders to enforce the provisions of the Subordinated Debentures Documents, have not been adversely affected in any material respect by the modification of the Loan Agreement, the modification of any other Subordinated Debentures Document effected pursuant to the Amendment or the execution, delivery, performance or effectiveness of the Amendment.
The subordination provisions contained in the Convertible Subordinated Debentures Documents are enforceable against the Borrower, the Guarantors and the holders of the Convertible Subordinated Debentures, and all Obligations hereunder and under the other Loan Documents are within the definitions of "Senior Indebtedness" and "Designated Senior Indebtedness" included in such subordination provisions.
On the Effective Date, (i) neither the Subordinated Debentures Documents nor the Junior Debentures Documents have been amended or modified, (ii) nor has any condition thereof been waived by the Borrower in a manner adverse in any material respect to the rights or interests of the Lenders, and (iii) all funds advanced by the Subordinated Debentures Holder on the Closing Date were used to consummate the transactions contemplated by the Acquisition Agreement.
The Subordinated Debentures Documents and all agreements, instruments and documents executed or delivered in connection with any of the foregoing shall each be deemed to be amended to the extent necessary to give effect to the provisions of this Fourth Amendment.
The Indebtedness evidenced by this Agreement is hereby specifically designated as "Designated Senior Indebtedness" for purposes of the Indenture and the other Convertible Senior Subordinated Debentures Documents.
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This Second Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrowers other than pursuant to the strict terms of the Loan Agreement and the other Subordinated Debentures Documents, as amended or supplemented to date (including by means of this Second Amendment).
This Third Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrowers other than pursuant to the strict terms of the Loan Agreement and the other Subordinated Debentures Documents, as amended or supplemented to date (including by means of this Third Amendment).
Receipt by Allied Capital of duly executed copies of: (i) this Agreement; (ii) the Subordinated Debentures; (iii) the Guaranty; and (iv) all other Subordinated Debentures Documents, each in form and substance satisfactory to Allied Capital in its sole discretion.
This Second Amendment and the other Subordinated Debentures Documents constitute the entire understanding among the parties hereto with respect to the subject matter hereof and supersede any prior agreements, written or oral, with respect thereto.