Subordinated Note Agreements definition

Subordinated Note Agreements means, individually and collectively, the Subordinated Notes, the Subordinated Note Indenture and all other agreements, documents and instruments now or at any time hereafter executed and/or delivered by Parent or any other Borrower or any other person in connection with the issuance of the Subordinated Notes, as the same now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced.
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Subordinated Note Agreements means, collectively, (i) the Subordinated Notes, (ii) the Subordinated Note Indenture and (iii) all other agreements, documents and instruments related thereto.
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Subordinated Note Agreements means the Subordinated Notes and the Indenture dated as of November 13, 1996 between Borrower and The Trust Company of Washington, as the same now exist or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced.
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Examples of Subordinated Note Agreements in a sentence

  • No other funds shall be held in the Existing Note Payoff Account and all of the funds held therein shall only be used to repay the Indebtedness and other obligations of Borrowers and Guarantors evidenced by or arising under the Existing Subordinated Note Indenture and the other Existing Subordinated Note Agreements on or before October 22, 2003.

  • The amounts so paid to the Existing Note Payoff Account shall be sufficient to repay all of the Indebtedness and other obligations of Borrowers and Guarantors evidenced by or arising under the Existing Subordinated Note Indenture and the other Existing Subordinated Note Agreements and Borrowers and Guarantors shall provide to Agent evidence, in form and substance satisfactory to Agent, of same.

  • The Company recorded amortization of original issue discounts under the Credit Agreement and Subordinated Note Agreements of $463 and $425 and deferred financing costs of $994 and $911 for the fiscal years ended January 2, 2021 and December 28, 2019, respectively.

  • As of January 2, 2021 and December 28, 2019, the Company had not elected the PIK option on any interest payments.The Credit and Subordinated Note Agreements include various restrictive covenants, including the requirement for the Company to maintain a minimum leverage ratio.

  • Notwithstanding any other provision of this Section 4.19, no Subsidiary of the Company shall be required to execute and deliver a supplemental indenture pursuant to the first paragraph of this Section 4.19, or otherwise issue a Guarantee, for so long as any Subordinated Note Agreements shall remain outstanding.

  • Notwithstanding anything to the contrary set forth in the F8 Documents or the Subordinated Note Agreements, the Issuer shall not issue any of its Common Stock, $0.001 par value per share, or any securities convertible, exchangeable or exercisable for such Common Stock pursuant to any of the F8 Documents, the Subordinated Note Agreements or otherwise related to the F8 Documents or the Subordinated Note Agreements prior to the Threshold Date.

  • In 1995 and in 1997, Versicor entered into Convertible Subordinated Note Agreements ("the Note Agreements") with Sepracor.

  • As a result of provisions in the Company's Senior Debt and Subordinated Note Agreements, the Company redeemed it's $200,000 9 1/4% Senior Subordinated Notes, its $75,000 11 1/4% Senior Subordinated Notes and repaid its Senior Debt in the amount of approximately $153,000.

  • Borrower and Parent hereby acknowledge confirm and agree that, for purposes of determining compliance with Section 9.18 of the Loan Agreement, Liquidity shall not include the unfunded amount of any Additional AP Loans or other unfunded amounts available to Borrower or Parent pursuant to the Subordinated Note Agreements.

  • Agent and the Lenders consent to an amendment to the Subordinated Note Agreements in order to permit the May Distributing Acquisition and the documents entered into therewith.


More Definitions of Subordinated Note Agreements

Subordinated Note Agreements means, collectively, the following (as the same now exist or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced): (a) the Securities Purchase Agreement, dated as of May 3, 2002, by and among Borrower, Smithfield Fiduciary LLC and Citadel Equity Fund Ltd., with each purchasing the principal amount of $2,500,000; (b) the Subordinated Notes; (c) the letter agreement, dated as of May 8, 2002, by and among Borrower, Smithfield Fiduciary LLC and Citadel Equity Fund, Ltd.; (d) the Warrants; (e) the Amendment and Termination Agreement, dated as of July 18, 2002, by and among Borrower, Smithfield Fiduciary LLC and Citadel Equity Fund Ltd.; and (f) all other agreements, documents and instruments now or at any time executed and/or delivered in connection therewith.
Sample 1
Subordinated Note Agreements means the Note Agreement, dated as of December 1, 1988, regarding the 11.20% Senior Subordinated Notes, Series B, due December 15, 1998 by and among the Company and the purchasers named in Schedule I thereto, as amended, and the Note Agreement, dated as of December 1, 1989, regarding the 10.48% Senior Subordinated Notes due December 15, 2000, by and among the Company and the purchasers named in Schedule I thereto, as amended.
Sample 1
Subordinated Note Agreements means (i) the Indenture dated as of December 15, 1993 between CMI and Union Bank (as Trustee) relating to the 5 1/4% Convertible Subordinated Notes due 2003 and (ii) the Purchase Agreement dated as of October 26, 1993 between CMI and Motorola, Inc. relating to the 5% Convertible Subordinated Notes due 1998.
Sample 1
Subordinated Note Agreements mean that certain Banc One Capital Partners II, Limited Partnership Loan Agreement dated as of May 26, 1994 by and among Banc One Capital Partners II, Limited Partnership, the Company and WQMC and that certain Banc One Capital Partners Corporation Loan Agreement dated as of May 26, 1994, as amended, by and among Banc One Capital Partners Corporation, the Company and WQMC.
Sample 1

Related to Subordinated Note Agreements

  • Subordinated Note Documents means the indenture under which the Subordinated Notes were issued and all other instruments, agreements and other documents evidencing or governing the Subordinated Notes or providing for any Guarantee or other right in respect thereof.

  • Note Agreements means, collectively, the 2011 Note Agreement and the 2014 Note Agreement.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Note Agreement hereunder," "hereof," "herein," or words of like import referring to the Note Agreement, shall mean and be a reference to the Note Agreement, as amended hereby.

  • Senior Subordinated Note Documents means the Senior Subordinated Notes, the Senior Subordinated Note Agreement, the Senior Subordinated Note Guarantees and all other documents executed and delivered with respect to the Senior Subordinated Notes or the Senior Subordinated Note Agreement.

  • Subordinated Note Amount has the meaning set forth in the Recitals.

  • Senior Secured Note Documents means the Senior Secured Note Indenture, the Senior Secured Note Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any security document relating to the Senior Secured Notes and/or the Senior Secured Note Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • Senior Note Documents means the Senior Notes, the Senior Note Agreement, the Senior Note Guarantees and all other documents executed and delivered with respect to the Senior Notes or the Senior Note Agreement.

  • Subordinated Note means the Subordinated Note (or collectively, the “Subordinated Notes”) in the form attached as Exhibit A hereto, as amended, restated, supplemented or modified from time to time, and each Subordinated Note delivered in substitution or exchange for such Subordinated Note.

  • Subordination Agreements means, collectively, any subordination agreements entered into by any Person from time to time in favor of Agent in connection with any Subordinated Debt, the terms of which are acceptable to the Agent, in each case as the same may be amended, restated or otherwise modified from time to time, and “Subordination Agreement” shall mean any one of them.

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Senior Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith.

  • Senior Subordinated Note Indenture means the Indenture dated as of May 12, 2009, between the Company and U.S. Bank National Association, as trustee, in respect of the 2020 Senior Subordinated Notes and the 2023 Senior Subordinated Notes, as supplemented and amended from time to time.

  • Subordinated Documents means the Subordinated Note and any and all other documents, agreements, writings or instruments executed in connection therewith or pursuant thereto, in each case, as in effect on the date hereof and as amended, modified, restated or Refinanced in accordance with the terms hereof.

  • Subordinated Loan Agreement means the subordinated loan agreement dated on or about the Closing Date, as amended from time to time, and entered into by, amongst others, the Issuer, the Subordinated Lender and the Security Trustee, under which the Subordinated Lender will advance (or has advanced) the Subordinated Loan to the Issuer.

  • Convertible Note Indenture means the Indenture dated as of February 21, 2014 between Emergent and the Convertible Note Trustee pursuant to which the Convertible Notes were issued.

  • Convertible Note Documents means the indenture under which the Convertible Notes are issued and all other instruments, agreements and other documents evidencing or governing the Convertible Notes or providing for any other right in respect thereof.

  • Subordinated Debt Documents means any documents evidencing and/or securing Debt governed by a Subordination Agreement, all of which documents must be in form and substance acceptable to Agent in its sole discretion. As of the Closing Date, there are no Subordinated Debt Documents.

  • Second Lien Note Documents means the Second Lien Note Indenture, the Second Lien Notes, the Second Lien Security Documents and each other document, instrument or agreement relating to the issuance of the Second Lien Notes, as the same may be amended, restated, supplemented, waived and/or otherwise modified from time to time in accordance with the terms thereof, of this Agreement and of the Intercreditor Agreement.

  • Senior Loan Agreement means that certain Term Loan Agreement, dated as of June 26, 2015, by and among Borrower and Senior Lenders, as amended, restated, supplemented or otherwise modified from time to time.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

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

  • Senior Secured Notes Documents means the Senior Secured Notes Indenture, the Senior Secured Notes Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any supplemental indenture, any security document relating to the Senior Secured Notes and/or the Senior Secured Notes Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Bridge Loan Agreement means that certain Senior Unsecured Interim Loan Agreement, dated as of December 20, 2007, among Tribune, the Bridge Lenders, the Former Bridge Loan Agent, JPMorgan Chase Bank, N.A., as syndication agent, and Citicorp North America, Inc. and Bank of America, N.A., as co-documentation agents, as amended, restated, supplemented or otherwise modified from time to time.

  • Note Purchase Agreements means (i) that certain Note Purchase Agreement, dated as of April 16, 2014 among the Parent, the Borrower, and the purchasers party thereto, (ii) that certain Note Purchase Agreement, dated as of December 18, 2014 among the Parent, the Borrower, and the purchasers party thereto, and (iii) that certain Note Purchase Agreement, dated as of June 13, 2018, among the Parent, the Borrower, and the purchasers party thereto, in each case as amended from time to time.