Examples of Xxxxxx Subordination Agreement in a sentence
The Borrower and its Restricted Subsidiaries shall make no payments or distributions with respect to (i) the Xxxxxx Subordinated Notes, except as permitted under the Xxxxxx Subordination Agreement or (ii) the Senior Subordinated Notes, except as permitted under the subordination provisions of such Senior Subordinated Notes.
The Lenders hereby irrevocably authorize and direct Agent to enter into the Xxxxxx Subordination Agreement and any intercreditor agreement as contemplated by clause (z) of the definition of “Permitted Liens”.
Xxxxxx does not include the indebtedness evidenced by the 12% Subordinated Convertible Notes in the aggregate amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) of even date herewith (the "New Xxxxxx Notes") given by the Company, which Notes are superior to the Junior Debt pursuant to the provisions of the Xxxxxx Subordination Agreement of even date herewith.
Prepay, redeem, purchase, defease or otherwise satisfy in cash prior to the scheduled maturity thereof in any manner any Restricted Debt (except, in the case of the Xxxxxx Obligations, to the extent not prohibited by the Xxxxxx Subordination Agreement (including the payment of “Permitted Payments” and payments in satisfaction of the “Rami Payment Rights” (in each case as defined in the Xxxxxx Subordination Agreement)).
Provided that the Superior Debt has been fully and finally paid and discharged, and subject to the Xxxxxx Subordination Agreement of even date herewith, Creditors shall be subrogated to the rights of Guarantor to receive payments or distributions of cash, property or securities payable or distributable on account of the Superior Debt to the extent of all payments and distributions paid over to or for the benefit of Guarantor pursuant to this Agreement.