Indenture Documents Clause Samples
The "Indenture Documents" clause defines and identifies all the legal documents that collectively form the agreement between the parties, typically in the context of a debt issuance or trust arrangement. This clause specifies which documents are considered part of the overall indenture, such as the main indenture agreement, supplemental agreements, and any related instruments or certificates. By clearly listing and referencing these documents, the clause ensures that all parties have a shared understanding of the contractual framework, reducing ambiguity and preventing disputes over which documents govern the relationship.
Indenture Documents. The related Indenture Documents are listed in Schedule I hereto.
Indenture Documents. 7 SECTION 3.06. Appointment of Authenticating Agent; Paying Agent and Registrar............................ 7 SECTION 3.07.
Indenture Documents. Indenture Documents" means that certain Indenture, by and among ▇▇▇▇ Las Vegas, LLC and ▇▇▇▇ Las Vegas Capital Corp., as joint and several obligors, Desert Inn Water Company, LLC, ▇▇▇▇ Design & Development, LLC, Holdings, Las Vegas Jet, LLC, World Travel, LLC, the Company and Valvino, as guarantors, and ▇▇▇▇▇ Fargo Bank Northwest, National Association, as trustee, entered into in connection with the offer and sale of up to $450,000,000 aggregate principal amount of Second Mortgage Notes due 2010 of ▇▇▇▇ Las Vegas, LLC and ▇▇▇▇ Las Vegas Capital Corp., and all documents, instruments and agreements executed or delivered in connection therewith, as the foregoing may from time to time be supplemented, modified, amended, restated, refinanced or replaced, with the same or any successor or replacement trustee or agent.
Indenture Documents. (a) The Borrowers have delivered to Agent a complete and correct copy of the Indenture Documents, including all schedules and exhibits thereto. The execution, delivery and performance of each of the Indenture Documents has been duly authorized by all necessary action on the part of each applicable Loan Party or Subsidiary thereof. Each Indenture Document is the legal, valid and binding obligation of each applicable Loan Party or Subsidiary thereof, enforceable against such Loan Party or Subsidiary, as applicable, in accordance with its terms, in each case, except (i) as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting generally the enforcement of creditors’ rights and (ii) the availability of the remedy of specific performance or injunctive or other equitable relief is subject to the discretion of the court before which any proceeding therefor may be brought. As of the Closing Date, except as could not reasonably be expected to result in a Material Adverse Change (x) no Loan Party or Subsidiary thereof is in default in the performance or compliance with any provisions thereof, (y) all representations and warranties made by any Loan Party or Subsidiary thereof in the Indenture Documents and in the certificates delivered in connection therewith are true and correct in all material respects and (z) to the Borrowers’ knowledge none of the representations or warranties in the Indenture Documents contain any untrue statement of a material fact or omit any fact necessary to make the statements therein not misleading.
(b) As of the Closing Date, the transactions contemplated by the Indenture Documents have been consummated in all material respects, in accordance with all Applicable Laws. As of the Closing Date, all requisite approvals for the consummation of the transactions contemplated by the Indenture Documents by Governmental Authorities having jurisdiction over any Loan Party or Subsidiary thereof who is party to the Indenture Documents have been obtained, except for any approval the failure to obtain could not reasonably be expected to be materially adverse to the interests of the Lenders.
Indenture Documents. Amend, restate or modify the Indenture or the Notes in order to increase the principal amount of the indebtedness owing thereunder, without the prior written consent of Lender to the extent required pursuant to the Intercreditor Agreement.
Indenture Documents. The Trustee shall have received fully executed original copies of all Indenture Documents (other than this Indenture and the Debentures), each of which shall be consistent with the terms and conditions of this Indenture and otherwise satisfactory to the Trustee, acting reasonably.
Indenture Documents. Borrower has furnished Lender with true, correct and complete and, as applicable, fully-executed, copies of the Notes and the Indenture and any and all material instruments, agreements and documents executed or delivered in connection therewith (including, without limitation, the final offering circular, the Registration Rights Agreement, and all Collateral Agreements).
Indenture Documents. The Borrowers incurring Indebtedness from (i) the Advances and Term Loans made by the Lenders to the Borrowers on and after the Closing Date and (ii) the issuance of Letters of Credit, in each case, subject to the limitations set forth in this Agreement, does not conflict with or result in a default under any Indenture Document.
Indenture Documents. (a) The incurrence of Indebtedness by Borrowers pursuant to this Agreement, including through (i) the Advances and the Term Loan made by the Lenders to Borrowers on and after the Closing Date and (ii) the issuance of Letters of Credit, in each case, subject to the limitations set forth in this Agreement, does not and will not conflict with or result in a default under any Indenture Document.
(i) All Obligations, including, without limitation, those to pay principal of and interest (including post-petition interest) on the Advances, Term Loan, Letters of Credit, and fees and expenses in connection therewith, constitute (A) "Permitted Debt" as such term is defined in the Indentures and (B) "Senior Debt" and "Designated Senior Debt" as such terms are defined in the Senior Subordinated Notes Indenture, and (ii) this Agreement constitutes a "Credit Agreement" and a "Credit Facility" as such terms are defined in the Indentures.
(c) The subordination provisions of the Senior Subordinated Notes Indenture are and will be enforceable against the holders of the Senior Subordinated Notes to which the Senior Subordinated Notes Indenture relates by Agent and Lenders. All Obligations are entitled to the benefits of the subordination created by the subordination provisions contained therein.
(d) The Loan Parties have not created, incurred, assumed, permitted, guaranteed, or otherwise become, directly or indirectly, liable with respect to any Indebtedness permitted pursuant to Section 4.09(b)(13) of the Senior Subordinated Notes Indenture or Section 4.09(b)(1) of the Senior Floating Rate Notes Indenture, other than in respect of (i) the Obligations and other Indebtedness of the Loan Parties that has been repaid in full prior to or on the Closing Date and (ii) Indebtedness in an amount, at any date, not to exceed the sum of (A) the aggregate principal amount of the Term Loan repaid or prepaid prior to such date and (B) the aggregate principal amount of permanent reductions in the Revolver Commitments and the Maximum Revolver Amount made prior to such date.
(e) Borrowers acknowledge that Agent and Lenders are entering into this Agreement, and extending their Commitments, in reliance upon the subordination provisions of the Senior Subordinated Notes Indenture and this Section 4.24.
Indenture Documents. Amend, modify or waive in any way materially adverse to the Lender Group, any term or provision of the Indenture Documents.