Examples of Subordinated Guaranties in a sentence
In the event of any conflict between the provisions of the Agreement and the provisions of any of the Loan Documents, the Senior Subordinated Notes, the Indenture, the Subordinated Guaranties, or any of the Subordinated Agreements, the provisions of this Agreement shall control.
All Obligations and all Specified Derivatives Obligations constitute (i) “Senior Debt” as defined in the Subordinated Guaranties and are entitled to the benefits of the subordination provisions contained therein and (ii) “Senior Debt” as defined in the Subordinated Facility and are entitled to the benefits of the subordination provisions contained therein.
The Agent shall have received a ----------------------- Subordinated Guaranty, duly executed by each Subordinated Guarantor, each of which Subordinated Guaranties shall be dated the Initial Funding Date.
To the extent not inconsistent with the preceding, this Agreement also shall be governed by and construed in accordance with the provisions of the Senior Subordinated Guaranties, which provisions are hereby incorporated by reference as if fully set forth herein, IN EACH CASE as if (a) each Pledgor were a "Guarantor", and (b) each Senior Subordinated Lender were a "Lender".
All initially capitalized terms used but not defined herein shall have the meanings ascribed thereto in each of the Subordinated Guaranties.
Make any payment in respect of principal of, or purchase, redeem or otherwise retire, any Subordinated Debt (including, without limitation, by the making of payments by Subsidiaries under Subordinated Guaranties) if a Default or an Event of Default at the time exists or would result therefrom or (ii) issue, create or incur any Subordinated Debt if a "Default" (as such term is defined in the NCNB Agreement) at the time exists or would result therefrom.
If at any time the Agent, the Senior Lenders or the Trustee, on behalf of the Senior Subordinated Noteholder should begin or resume to actively pursue the exercise of their Rights under the Loan Documents or the Indenture or the Subordinated Guaranties, including the conducting of a sale of any of the Collateral by the Agent or any Senior Lender, then the Investors shall again cease taking any actions permitted hereunder.
The Subordinated Guaranties shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of such nonpayment defaults with respect to Designated Senior Debt during such period.
Enter into any material amendment, waiver or modification of the Junior Subordinated Debentures, the Axxess Subordinated Notes, Axxess Long Term Subordinated Note, SunSource Long Term Subordinated Guaranty or the SunSource Subordinated Guaranties, or any related agreements.
Maintain, with respect to Borrowers on a consolidated basis, at all times at least $5,000,000 of Undrawn Availability (as calculated under Section 2.1(a)(y)) including, without limitation, after giving effect to any payments made under the Junior Subordinated Debentures, the Axxess Subordinated Notes, Axxess Long Term Subordinated Note, SunSource Long Term Subordinated Guaranty and the SunSource Subordinated Guaranties.