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.
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 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.
This Third 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.
Each of the Loan Agreement Parties hereby agrees from time to time, as and when requested by any Lender, to, and cause its Subsidiaries to, execute and deliver or cause to be executed and delivered, all such documents, instruments and agreements and to take or cause to be taken such further or other action as any Lender may reasonably deem necessary or desirable in order to carry out the intent and purposes of this Fourth Amendment, the Loan Agreement and the other Subordinated Debentures Documents.
The subordination provisions contained in the Convertible Senior Subordinated Debentures Documents are enforceable against the Borrower, the Guarantors and the holders of the Convertible Senior Subordinated Debentures, and all Obligations hereunder and under the other Loan Documents are within the definitions of "Senior Debt" and "Designated Senior Debt" included in such subordination provisions.
Anything contained herein to the contrary notwithstanding, neither this Fourth Amendment nor any of the Subordinated Debentures Documents executed in connection herewith is intended to or shall serve to effect a novation of the Obligations under the Loan Agreement and the other Subordinated Debentures Documents.
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.
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.
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.