Subordinated Indebtedness Documents definition

Subordinated Indebtedness Documents means any document, agreement or instrument evidencing any Subordinated Indebtedness or entered into in connection with any Subordinated Indebtedness.

Subordinated Indebtedness Documents means any document, agreement or instrument evidencing any Subordinated Indebtedness or entered into in connection with any Subordinated Indebtedness, as the same may be amended, restated, supplemented or otherwise modified from time to time in a manner permitted by the terms hereof.

Subordinated Indebtedness Documents means all documents or agreements evidencing the Subordinated Indebtedness, as the same may be amended, restated, supplemented, extended or replaced from time to time.

Examples of Subordinated Indebtedness Documents in a sentence

• In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Indebtedness Documents, the provisions of this Agreement shall control and govern.

• The Borrower will not, and will not permit any Subsidiary to, directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness or any Indebtedness from time to time outstanding under the Subordinated Indebtedness Documents.

• For purposes of this Section 13, to the extent that any provisions of any of the Subordinated Indebtedness Documents provide rights, remedies and benefits to Agent or Lenders that exceed the rights, remedies and benefits provided to Agent or Lenders under this Agreement, such provisions of the applicable Subordinated Indebtedness Documents shall be deemed to supplement (and not to conflict with) the provisions hereof.

• On the date hereof, no default exists under or with respect to the Subordinated Note held by Subordinated Creditor or any of the other Subordinated Indebtedness Documents applicable to such Subordinated Note.

• The Company will not, and will not permit any Subsidiary to, directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness or any Indebtedness from time to time outstanding under the Subordinated Indebtedness Documents.

More Definitions of Subordinated Indebtedness Documents

Subordinated Indebtedness Documents means any agreement evidencing Subordinated Indebtedness and Subordination Agreements, all security agreements, guaranty agreements and other documents, agreements and instruments executed in connection therewith, including in the case of the Convertible Notes, the Convertible Senior Subordinated Note Indenture dated as of November 13, 2007 between the Borrower, as issuer and The Bank of New York Trust Company, N.A, as trustee.

Subordinated Indebtedness Documents means all agreements, indentures and other documents under which any of the Subordinated Indebtedness is issued and all other instruments, agreements and documents evidencing or governing the Subordinated Indebtedness.

Subordinated Indebtedness Documents means any document, agreement or instrument evidencing any Subordinated Indebtedness or entered into in connection with any Subordinated Indebtedness. “subsidiary” means, with respect to any Person (the “parent”) at any date, any corporation, limited liability company, partnership, association or other entity the accounts of which would be consolidated with those of the parent in the parent’s consolidated financial statements if such financial statements were prepared in accordance with GAAP as of such date, as well as any other corporation, limited liability company, partnership, association or other entity (a) of which securities or other ownership interests representing more than 50% of the equity or more than 50% of the ordinary voting power or, in the case of a partnership, more than 50% of the general partnership interests are, as of such date, owned, controlled or held, or (b) that is, as of such date, otherwise Controlled, by the parent or one or more subsidiaries of the parent or by the parent and one or more subsidiaries of the parent. “Subsidiary” means any subsidiary of the Company. “Supported QFC” has the meaning assigned to it in Section 9.23. “Swap Agreement” means any agreement with respect to any swap, forward, spot, future, credit default or derivative transaction or option or similar agreement involving, or settled by reference to, one or more rates, currencies, commodities, equity or debt instruments or securities, or economic, financial or pricing indices or measures of economic, financial or pricing risk or value or any similar transaction or any combination of these transactions; provided that no phantom stock or similar plan providing for payments only on account of services provided by current or former directors, officers, employees or consultants of the Borrowers or the Subsidiaries shall be a Swap Agreement. “Swap Agreement Obligations” means any and all obligations of the Loan Parties and their Subsidiaries, whether absolute or contingent and howsoever and whensoever created, arising, evidenced or acquired (including all renewals, extensions and modifications thereof and substitutions therefor), under (a) any and all Swap Agreements permitted hereunder with a Lender or an Affiliate of a Lender, and (b) any and all cancellations, buy backs, reversals, terminations or assignments of any such Swap Agreement transaction permitted hereunder with a Lender or an Affiliate of a Lender. “Swap Obligation” means, with respect to any Guara...

Subordinated Indebtedness Documents means the Subordinated Note(s), Subordinated Purchase Agreement, and Warrants in favor of the Subordinated Creditors, in each case, dated March 1, 2005, and all other documents and instruments evidencing or pertaining to any portion of the Subordinated Indebtedness, as amended, supplemented, restated or otherwise modified from time to time as permitted hereunder.

Subordinated Indebtedness Documents means (i) all notes representing the Subordinated Indebtedness and (ii) all other agreements, instruments and documents executed by the Company pursuant thereto, in each case, as amended, amended and restated, refinanced, extended, supplemented and/or otherwise modified from time to time with the prior written approval of the Holder.

Subordinated Indebtedness Documents means the documents governing the Subordinated Indebtedness, including any notes or note agreements, and specifically including the any subordination agreements, in each case, in form and substance satisfactory to Agent.

Subordinated Indebtedness Documents means collectively the documents evidencing the Permitted Additional Subordinated Indebtedness and the documents evidencing the Permitted Intercompany Indebtedness.