Subordinated Notes Agreement definition

Subordinated Notes Agreement means the credit agreement by and among the Reorganized Debtors, as credit parties, the Subordinated Notes Facility Lenders party thereto, as lenders, and the Subordinated Notes Facility Agent, to be effective on the Effective Date, which agreement shall be (a) satisfactory in form and substance to the Debtors, the Majority Consenting Term Lenders, the Exit Term Facility Lenders, the Exit Facility ABL Lenders, and the Subordinated Notes Facility Lenders, (b) consistent in all respects with the Subordinated Notes Facility Term Sheet, and (c) substantially in the form contained in the Plan Supplement.
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Subordinated Notes Agreement means the credit agreement by and among the
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Subordinated Notes Agreement means, collectively, the Original Subordinated Notes Agreement and the Additional Subordinated Notes Agreement.
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Examples of Subordinated Notes Agreement in a sentence

  • The definitive document comprising the Subordinated Notes Agreement will be attached to the Plan Supplement.

  • The Company was in compliance with all covenants under the Subordinated Notes Agreement as of December 31, 2010 and 2009.

  • Principal payments which fully amortize the balance of the Subordinated Notes were due beginning April 30, 2009 through December 30, 2011 in amounts necessary to cause (i) the balance of the Subordinated Notes and (ii) the ratio of total outstanding debt under the Credit Facility and Subordinated Notes compared to the discounted portfolio value to not exceed amounts specified in the Subordinated Notes Agreement.

  • In July 2008, the Company and the Subordinated Notes holder agreed to amend the Subordinated Notes Agreement to reduce the maximum amount of Subordinated Notes to be issued from $28 million to $14 million.

  • Annual maturities of long-term debt for each of the five fiscal years following December 31, 1999 and in total thereafter are as follows (in thousands): 2000 $ 2,5792001 3,7672002 4,5292003 5,6212004 6,440Thereafter 97,102---------Total $ 120,038========= SUBORDINATED DEBT In connection with the recapitalization (see note 8), Cardinal borrowed $20 million under the terms of a Senior Subordinated Notes Agreement, which was repaid in July 1999.

  • The terms of the New Credit Facility and Subordinated Notes prohibit the Company from declaring or paying dividends on its Common Stock, except for cash dividends in an aggregate annual amount not to exceed 50% of the Company's net income in the immediately preceding fiscal year so long as immediately prior to and immediately following such dividend the Company is not in default under the New Credit Facility and Subordinated Notes Agreement.


More Definitions of Subordinated Notes Agreement

Subordinated Notes Agreement are added in alphabetical order to Section 1.01 of the Credit Agreement to read in their entirety as follows:
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Subordinated Notes Agreement means the Subordinated Note and Warrant Purchase Agreement dated as of December 23, 1997 between HCRC and Prudential, substantially in the form approved by the Banks prior to the date of effectiveness of Amendment No.2 to this Agreement dated as of December 23, 1997 among the Borrowers, the Banks, the Collateral Agent and the Agent.
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Subordinated Notes Agreement means the Subordinated Notes Agreement, dated as of April 27, 2010, among the Borrower, Holdings, the note purchasers from time to time party thereto and the Subordinate Notes Agent.
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Subordinated Notes Agreement means the Amended and Restated Subordinated Note and Warrant Purchase Agreement dated as of June 8, 1999 between HCRC, HEC and Prudential, as amended from time to time in accordance with Section 4.37(b). "Subsidiary" means any corporation or other entity of which securities or other ownership interests having ordinary voting power to elect a majority of the board of directors or other persons performing similar functions are at the time directly or indirectly owned by HEC. "Term Date" means the earlier to occur of May 31, 2002 or the last day of May, August, November or February which first occurs after the date on which the Borrowers elect to commence the Term Period.
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Subordinated Notes Agreement contemporaneously with the delivery of any information (including without limitation financial information), reports or notices to Prudential pursuant to Section 5A of the Subordinated Notes Agreement, a copy thereof to each Bank (unless previously delivered to such Bank under this Agreement); SEC and Other Reports - promptly upon their becoming available, one copy of each financial statement and proxy statement sent or made available by HEC to its security holders, of each regular or periodic report and any registration statement, prospectus or written communication (other than transmittal letters) in respect thereof filed by HEC with any securities exchange or the Securities and Exchange Commission or any successor agency, and of all press releases and other statements made available generally by HEC and its Subsidiaries to the public concerning material developments in the business of HEC and its Subsidiaries; and Hedging Transactions - concurrently with the furnishing of each set of financial statements pursuant to Section 4.01(a) or 4.01(b) hereof, a report setting forth in reasonable detail the terms of each Hedging Transaction between HEC or any of its Subsidiaries and any Bank or affiliate of any Bank as of the last day of the fiscal quarter or fiscal year to which such financial statements relate, together with a calculation of the payment obligations of HEC or any of its Subsidiaries thereunder (calculated on a marked-to market basis) as of such day.
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Related to Subordinated Notes Agreement

  • 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.

  • 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).

  • Subordinated Note Documents means the Subordinated Notes, the Subordinated Note Purchase Agreement, the “Fee Letter” under and as defined in the Subordinated Note Purchase Agreement and any other Note Document (as defined in the Subordinated Note Purchase Agreement).

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • 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;

  • 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.

  • 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.

  • 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.

  • Senior Note Indenture the Indenture entered into by Holdings, 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 Holdings, the Borrower or such Subsidiaries in connection therewith.

  • Senior Secured Notes means the $1,875 million aggregate principal amount of 7.375% Senior Secured Notes due 2023 of the Borrower including, as the same may be amended, supplemented, waived or otherwise modified from time to time, including any senior secured exchange notes issued in lieu thereof.

  • Subordinated Debentures means the debentures exchangeable by the Company for the Preferred Stock in accordance with the Certificate of Designations therefor.

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • 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.

  • 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.

  • Senior Subordinated Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.

  • Senior Unsecured Notes Indenture means the Indenture dated as of July 20, 2011 among Xxxxx Fargo Bank, National Association, as trustee, the Borrower, as issuer, and the guarantors party thereto, as the same may be amended or supplemented from time to time.

  • Existing Senior Secured Notes means the Borrower’s $800,000,000 8.500% Senior Secured Notes due 2019, issued pursuant to the Existing Senior Secured Notes Indenture.

  • Senior Unsecured Notes means $2,000,000,000 in aggregate principal amount of the Borrower’s 9.000% senior notes due 2025 issued pursuant to the Senior Unsecured Notes Indenture on the Closing Date.

  • Senior Secured Notes Indenture means the indenture, dated as of the Closing Date, among the Borrower, as issuer, the guarantors party thereto and the trustee referred to therein pursuant to which the Senior Secured Notes are issued, as such indenture may be amended or supplemented from time to time.

  • Senior Secured Notes Trustee means U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, as trustee under the Senior Secured Notes Indenture.

  • Senior Subordinated Note Documents means the Senior Subordinated Notes Indenture and all other instruments, agreements and other documents evidencing the Senior Subordinated Notes or providing for any guarantee or other right in respect thereof.

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

  • Second Lien Notes Documents means the Second Lien Notes Indenture, the Second Lien Notes and all other agreements, instruments and other documents pursuant to which the Second Lien Notes have been or will be issued or otherwise setting forth the terms of the Second Lien Notes.

  • 2011 Notes means those certain notes issued pursuant to the Note Purchase Agreement dated as of March 22, 2011 among the Company and the purchasers named in Schedule A thereto.

  • Note Indenture means the Note Indenture dated as of May 17, 2001, between the Note Issuer and the Note Trustee, as the same may be amended and supplemented from time to time.