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, collectively, the Original Subordinated Notes Agreement and the Additional Subordinated Notes Agreement.
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Subordinated Notes Agreement means the credit agreement by and among the
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Examples of Subordinated Notes Agreement in a sentence

  • 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.

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

  • Prior to the Closing Date, neither Holdings nor JAC Intermedco will be engaged in any business or incurred any Debt or any other liabilities (except in connection with its corporate formation, the Related Transactions Documents, the Subordinated Notes, the Subordinated Notes Agreement and this Agreement).

  • The subordination provisions of the Subordinated Notes Agreement, Subordinated Notes and the Subordination Agreement are enforceable against the Subordinated Note Holders, who are holders of the Subordinated Notes, by Agent and Lenders.

  • In order not to tempt the consumer and to minimize the marketing effect, all tobacco products were to be sold in packages of uniform design - gray-olive color, provided with the image of the bodies of the human body affected by nicotine.

  • The provisions of Paragraph 6A of the Subordinated Notes Agreement and related definitions are hereby incorporated by reference with the same effect as if such provisions were fully set forth herein; provided that any amendments or waivers of any such provisions or related definitions shall be effective hereunder solely if consented to in writing by the Required Banks.

  • All Obligations constitute senior indebtedness entitled to the benefits of the subordination provisions contained in the Subordinated Notes Agreement, the Subordinated Notes and the Subordination Agreement.

  • Holdings has the Corporate power and authority to incur the Debt evidenced by the Subordinated Notes Agreement and the Subordinated Notes.


More Definitions of Subordinated Notes Agreement

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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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 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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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 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.

  • 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 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 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 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.

  • 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 (i) the Indenture dated October 8, 2014, among the Borrowers, the guarantors party thereto and the Trustee or (ii) if Senior Secured Notes are issued pursuant to clause (ii) of the definition thereof, the loan agreement or indenture governing such Senior Secured Notes.

  • 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, 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.

  • 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, the Second Lien Notes Indenture, the Second Lien Notes Security Documents and all other documents executed and delivered with respect to the Second Lien Notes or Second Lien Notes Indenture, as in effect on the Effective Date and as the same may be amended, modified and/or supplemented from time to time in accordance with the terms hereof and thereof.

  • 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.