Subordinated Note Documents Clause Samples

Subordinated Note Documents. Each of the documents, instruments (including the Subordinated Notes) and other agreements entered into or delivered by the Borrower (including, without limitation, the Subordinated Note Indenture) and/or any Subsidiary of the Borrower relating to the issuance by the Borrower of the Subordinated Notes and any guaranties or other documents related thereto, as in effect on February 12, 1999 and as the same may be supplemented, amended or modified from time to time in accordance with the terms hereof (including, without limitation, Section 10.11) and thereof.

Subordinated Note Documents. (a) Each of the Lenders and the Administrative Agent has received a complete and correct copy of the MCI Note Purchase Documents (including all exhibits, schedules and disclosure letters referred to therein or delivered pursuant thereto) and all amendments thereto, waivers relating thereto and other side letters or agreements affecting the terms thereof. Each of the MCI Note Purchase Documents to which it is a party has been duly executed and delivered by Old LCC and the Parent and, to the best knowledge of the Borrower, MCI and is in full force and effect. Each of the representations and warranties of Old LCC and the Parent set forth in each of the MCI Note Purchase Documents is true and correct in all material respects as of the Closing Date. Each of the MCI Note Purchase Documents to which it is a party is a legal, valid and binding obligation of the Borrower and the Parent and, to the best knowledge of the Borrower, MCI enforceable against the Borrower and the Parent, and, to the best knowledge of the Borrower, MCI in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency and other similar laws affecting creditors' rights generally. Each of the MCI Note Purchase Agreement and the MCI Subordinated Guaranty has been terminated and no party thereto has any further rights or obligations thereunder. (b) Each of the Lenders and the Administrative Agent has received a complete and correct copy of the Telcom Documents (including all exhibits, schedules and disclosure letters referred to therein or delivered pursuant thereto) and all amendments thereto, waivers relating thereto and other side letters or agreements affecting the terms thereof. Each of the Telcom Documents to which it is a party has been duly executed and delivered by the Borrower and the Parent and is in full force and effect. Each of the Telcom Documents to which it is a party is a legal, valid and binding obligation of the Borrower and the Parent enforceable against the Borrower and the Parent in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency and other similar laws affecting creditors' rights generally.

Subordinated Note Documents. Receipt by the Agent, for the ratable benefit of the Lenders, of the Subordinated Note Documents, duly executed and delivered by the Obligors party thereto.

Subordinated Note Documents. The Administrative Agent shall have received true and correct copies, certified as such by a Responsible Officer of the Borrower, of each Subordinated Note Document to which the Borrower and its Restricted Subsidiaries is a party on the Closing Date, including if any 02 Senior Subordinated Notes have been or will be issued on the Closing Date, a copy of such note(s) and the documentation relating to the issuance thereof, setting forth the stated face amount and outstanding principal amount for each as of the Closing Date.

Subordinated Note Documents. Evidence that the offering of the --------------------------- Subordinated Notes (in an amount not less than $175,000,000 in the aggregate) shall have been consummated contemporaneously with the transactions contemplated hereby, and the Subordinated Note Documents have been reduced to writing and furnished to the Agent and Banks, and such agreements, instruments and arrangements shall be in form and substance satisfactory to the Agent and Banks. The Agent and Banks shall have received a certificate signed by a Responsible Officer attaching copies of the fully executed Subordinated Note Documents and each other agreements and instruments related thereto, including without limitation, any subordination agreements, certifying that each such document is a true, correct and complete copy thereof, that such documents are the only agreements between the parties to such documents, that each such document is in full force and effect, without any term or condition thereof having been amended, modified or waived or any exercise of rights with respect thereto forborne without the Agent's and the Banks' prior written consent and that there is no default thereunder.

Subordinated Note Documents. Certified copies of the Subordinated Indenture and the documents related thereto.

Subordinated Note Documents. The failure of the Borrower to cause the Subordinated Entities on or before three (3) months prior to the then stated maturity date of the Soros Subordinated Note Documents to extend the maturity ▇▇▇▇ of the Soros Subordinated Note Documents until the earlier of (▇) ▇▇e (1) year from the then effective maturity date of the Subordinated Note Documents, or (y) three (3) months after the Maturity Date. 2.6 Article 12 of the Loan Agreement is amended as follows: 2.6.1 Section 12.1 of the Loan Agreement is amended by deleting the notice parties for the Lender and replacing them with the following: If to the Lender: Wells Fargo Retail Finance, LLC One Boston Place - - 18t▇ ▇▇▇or Boston, Massachusetts 02▇▇▇ ▇▇▇▇▇▇▇▇▇ : ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Vice President ▇▇▇ : 617-523-4029 With a copy to: Riemer & Braun▇▇▇▇▇ ▇▇▇ Three Center Plaza Bo▇▇▇▇, Mas▇▇▇▇▇▇▇▇▇▇ 02108 ▇▇▇▇▇▇▇▇▇ : ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ : 617-880-3456

Subordinated Note Documents. As of the Closing Date, before and after giving effect to the initial Credit Extension, all representations and warranties of the Borrower or any Guarantor contained in the Subordinated Note Indenture and any documents delivered pursuant thereto are true and correct in all material respects (except to the extent such representations or warranties relate or refer to a specified, earlier date). Before and after giving effect to the initial Credit Extension contemplated hereunder, there is no event of default or event or condition that could become an event of default with notice or lapse of time or both, under the Subordinated Note Indenture and any documents related thereto and the Subordinated Note Indenture, the Subordinated Notes and any other legally binding documents executed by the Loan Parties in connection therewith are in full force and effect.” 2.9 Subpart (ii) of Section 5.21 of the Credit Agreement is hereby amended by adding a comma after the word “Indebtedness” and deleting the words “or any” immediately before the words “contingent liabilities”.