Common use of Indenture Documents Clause in Contracts

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. Borrowers shall not amend or waive (aand Borrowers shall cause Guarantor to not amend or waive) The the Indenture Documents, or enter into other documents in connection therewith (and Borrowers shall cause Guarantor to not enter into other documents in connection therewith), to increase the interest rates or fees or premiums thereunder, to add any additional collateral thereunder, to increase or decrease the principal amount subject thereto if 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 Debt will not conflict with or result in a default under Default or an Event of Default, to add other circumstances that would require prepayment of the underlying loans, to change any Indenture Document. (i) All Obligationssections containing provisions relating to insurance requirements or the applications of insurance proceeds or other insurance-related matters, includingto change any sections containing provisions relating to asset sales, without limitationto change Section 4.09 thereof, those to pay principal of and interest (including post-petition interest) reduce any standstill periods, to place further restrictions on the Advancesability of Borrowers or Guarantor to operate or conduct their business, Term Loanto add any other defaults or events of default (or amend the definitions thereof in a manner that would be more restrictive on Borrowers, Letters of CreditGuarantor, or any Subsidiaries), to change any defined terms therein that are incorporated into this Agreement (and any defined terms used in such defined terms, and fees so on), or to change the maturity, amortization 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 other payment schedules of the Senior Subordinated Notes underlying loans. In addition, Borrowers shall not otherwise amend or waive (and Borrowers shall cause Guarantor not to amend or waive) the Indenture are and will be enforceable against the holders Documents in any manner so as to make any of the Senior Subordinated Notes covenants therein more restrictive than when first executed or so as to which result in a Default or Event of Default or provide for Borrower or the Senior Subordinated Notes Indenture relates by Agent Guarantor to take or not take any action that could result in a Default or Event of Default. As to all other amendments and Lenders. All Obligations are entitled waivers to such documents, Borrowers shall provide to the benefits of Agent an executed copy promptly after the subordination created by the subordination provisions contained thereinexecution and delivery thereof. (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. Borrowers shall not amend, modify, supplement, refinance or waive (aand Borrowers shall cause Guarantor to not amend, modify, supplement, refinance or waive) The the Indenture Documents, or enter into other documents in connection therewith (and Borrowers shall cause Guarantor to not enter into other documents in connection therewith), including without limitation as to any refinance, to increase the interest rates or fees or premiums thereunder, to add any additional collateral thereunder, to increase or decrease the principal amount subject thereto if the incurrence of Indebtedness by the Debt will result in a Default or an Event of Default, to add other circumstances that would require prepayment of the underlying loans, to change any sections containing provisions relating to insurance requirements or the applications of insurance proceeds or other insurance-related matters, to change any sections containing provisions relating to asset sales, to change Section 4.09 thereof, to reduce any standstill periods, to place further restrictions on the ability of Borrowers pursuant or Guarantor to this Agreementoperate or conduct their business, including through to add any other defaults or events of default (or amend the definitions thereof in a manner that would be more restrictive on Borrowers, Guarantor, or any Subsidiaries), or to change the maturity, amortization and other payment schedules of the underlying loans. In addition, Borrowers shall not otherwise amend, modify, supplement, refinance or waive (and Borrowers shall cause Guarantor not to amend, modify, supplement, refinance or waive) the Indenture Documents in any manner so as to make any of the covenants therein more restrictive than when first executed or so as to result in a Default or Event of Default or provide for Borrower or the Guarantor to take or not take any action that could result in a Default or Event of Default. As to all other amendments, modifications, supplements, refinances and waivers to such documents, Borrowers shall provide to the Agent an executed copy promptly after the execution and delivery thereof. As of the Effective Date, the Banks and the Agent (i) understand that the Advances and Guarantor intends to amend or refinance the Term Loan made by Indenture Obligations during the Lenders to Borrowers on and after the Closing Date and (ii) the issuance term 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) acknowledge that if (x) the amended or refinanced Debt thereunder accrues interest at a rate per annum less than the per annum interest rate that the notes issued under the Indenture accrue on the Effective Date, (y) the amended or refinanced Debt thereunder is scheduled to mature later than the scheduled maturity of the notes issued under the Indenture in existence on the Effective Date, and (z) the debt incurrence covenants under the amended or refinanced Indenture are less stringent on the Guarantor than the debt incurrence covenants under Section 4.09 of the Indenture as in existence on the Effective Date, then such provisions shall not violate this Agreement constitutes a "Credit Agreement" and a "Credit Facility" Section 6.07; provided, that nothing in this sentence shall be construed as such terms are defined limiting the possible acceleration of the Maturity Date as set forth in the Indentures. (c) The subordination provisions definition 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, such term in Section 1.02 hereof or as amending or otherwise become, directly or indirectly, liable with respect to any Indebtedness permitted pursuant to Section 4.09(b)(13) of modifying 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 debt incurrence provisions under this Agreement, and extending their Commitments, in reliance upon the subordination provisions of the Senior Subordinated Notes Indenture and this Section 4.24.