Specified Senior Indebtedness Sample Clauses

Specified Senior Indebtedness. The Parties acknowledge and agree that the Indebtedness hereunder is specifically designated "Designated Senior Indebtedness" as required by the 2002 Senior Subordinated Indenture pursuant to which the 2002 Senior Subordinated Notes have been issued.
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Specified Senior Indebtedness. The Indebtedness of the Borrower constitutes “Senior Indebtedness” and “Specified Senior Indebtedness,” and the Indebtedness of each Guarantor under the Loan Documents to which it is a party constitutes “Guarantor Senior Indebtedness” and “Specified Guarantor Senior Indebtedness,” in each case, under and as defined in the Second Lien Term Loan Agreement pursuant to which the Second Lien Notes have been issued.
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Specified Senior Indebtedness. The Indebtedness of the Borrower constitutes “Senior Indebtedness” as defined in the Second Lien Term Loan Documents.”
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Specified Senior Indebtedness. 100 Section 12.15 Limitation of Liability of the General Partner.............................................100 Annex I List of Maximum Credit Amounts Exhibit A Form of Note Exhibit B Form of Compliance Certificate Exhibit C-1 Form of Legal Opinion of Akin, Gump, Strauss, Xxxxx & Xxxx, L.L.P., special counsel to the Borrower Exhibit C-2 Form of Legal Opinion of Local Counsel Exhibit D-1 Security Instruments Exhibit D-2 Form of Guaranty and Collateral Agreement Exhibit E Form of Assignment and Assumption Exhibit F-1 Form of Maximum Credit Amount Increase Certificate Exhibit F-2 Form of Additional Lender Certificate Schedule 1.02 Swap Agreements with BoA Schedule 7.03 Approvals Schedule 7.05 Litigation Schedule 7.06 Environmental Matters Schedule 7.14 Restriction on Liens Schedule 7.15 Subsidiaries and Partnerships; Unrestricted Subsidiaries Schedule 7.17 Properties; Titles, Etc. Schedule 7.19 Gas Imbalances Schedule 7.20 Marketing Contracts Schedule 7.21 Swap Agreements Schedule 9.03 Liens Schedule 9.05 Investments Schedule 9.07 Nature of Business THIS CREDIT AGREEMENT dated as of July 3, 2002, is among: PLAINS EXPLORATION & PRODUCTION COMPANY, L.P., a limited partnership duly formed and existing under the laws of the State of California (the "Borrower"); each of the Lenders from time to time party hereto; JPMORGAN CHASE BANK (in its individual capacity, "JPMorgan"), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the "Administrative Agent"); BANK ONE, NA (MAIN OFFICE CHICAGO) and FLEET NATIONAL BANK, as syndication agents for the Lenders (each, in such capacity, together with its successors in such capacity, a "Syndication Agent"); and BNP PARIBAS and FORTIS CAPITAL CORP., as documentation agents for the Lenders (each, in such capacity, together with its successors in such capacity, a "Documentation Agent").
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Specified Senior Indebtedness. The Obligations shall constitute Specified Senior Indebtedness (as defined in each of the Subordinated Debt Indentures).
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Specified Senior Indebtedness. 54 Section 7.25
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Specified Senior Indebtedness. The Parties acknowledge and agree that the Indebtedness hereunder is specifically designated "Specified Senior Indebtedness" as required by the Senior Notes Indenture pursuant to which the Senior Notes have been issued. The parties hereto have caused this Agreement to be duly executed as of the day and year first above written. BORROWER: ENERGY PARTNERS, LTD. By: /s/ Xxxxxxx X. Xxxxx ------------------------------- Name: Xxxxxxx X. Xxxxx Title: Treasurer ADMINISTRATIVE AGENT JPMORGAN CHASE BANK, Individually and AND LENDER: as Administrative Agent By: /s/ Xxxxxx X. Xxxxxxxxxxx _____________________________ Name: Xxxxxx X. Xxxxxxxxxxx _____________________________ Title: Managing Director _____________________________ [Signature Page - Credit Agreement] SYNDICATION AGENT AND BNP PARIBAS, Individually and LENDER: as Syndication Agent By: /s/ Xxxxx Xxxxxx _______________________________ Name: Xxxxx Xxxxxx _______________________________ Title: Vice President _______________________________ By: /s/ Xxxx Xxxxxxx _______________________________ Name: Xxxx Xxxxxxx _______________________________ Title: Vice President _______________________________ CO-DOCUMENTATION AGENT WACHOVIA BANK, NATIONAL AND LENDER: ASSOCIATION, Individually and as Co-Documentation Agent By: /s/ Xxxxxxx Xxxxxxxx _______________________________ Name: Xxxxxxx Xxxxxxxx _______________________________ Title: Director _______________________________ CO-DOCUMENTATION AGENT XXXXX FARGO BANK, NATIONAL AND LENDER: ASSOCIATION, Individually and as Co-Documentation Agent By: /s/ Xxxx Xxxxxx _______________________________ Name: Xxxx Xxxxxx _______________________________ Title: Vice President _______________________________ LENDER: ROYAL BANK OF CANADA By: /s/ Xxxxx Xxxxxxx _____________________________ Name: Xxxxx Xxxxxxx _____________________________ Title: Authorized Signatory _____________________________ [Signature Page - Credit Agreement] LENDER: WHITNEY NATIONAL BANK By: /s/ Xxxxx X. Xxxxxxxx _____________________________ Name: Xxxxx X. Xxxxxxxx _____________________________ Title: Senior Vice President _____________________________ ANNEX I LIST OF MAXIMUM CREDIT AMOUNTS AGGREGATE MAXIMUM CREDIT AMOUNTS APPLICABLE MAXIMUM CREDIT NAME OF LENDER PERCENTAGE AMOUNT ------------------------------------------------------------------- JPMorgan Chase Bank 20% $ 40,000,000 BNP Paribas 20% $ 40,000,000 Xxxxx Fargo Bank, National Association 15% $ 30,000,000 Wachovia Bank, National Association 15% $ 30,0...
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Specified Senior Indebtedness. The Parties acknowledge and agree that the Indebtedness hereunder is specifically designated "Specified Senior Indebtedness" the Second Lien Term Loan Documents.
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Related to Specified Senior Indebtedness

  • Designated Senior Indebtedness The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

  • Default on Senior Indebtedness The Company may not pay the principal of, or premium, if any, or interest on, the Subordinated Securities or make any deposit in trust under Article IV or XIII and may not repurchase, redeem or otherwise retire (except, in the case of Subordinated Securities that provide for a mandatory sinking fund pursuant to Article XII by the delivery of Subordinated Securities by the Company to the Trustee pursuant to Section 12.03) any Securities (collectively, “pay the Subordinated Securities”) if any principal, premium or interest or other amount payable in respect of Senior Indebtedness is not paid within any applicable grace period (including at maturity) or any other default on Senior Indebtedness occurs and the maturity of such Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the default has been cured or waived and any such acceleration has been rescinded or such Senior Indebtedness has been paid in full in cash; provided, however, that the Company may make payments on the Subordinated Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of each issue of Designated Senior Indebtedness. During the continuance of any default (other than a default described in the preceding sentence) with respect to any Senior Indebtedness pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not make payments on the Subordinated Securities for a period (a “Payment Blockage Period”) commencing upon the receipt by the Company and the Trustee of written notice of such default from the Representative of any Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period (a “Blockage Notice”) and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, by repayment in full in cash of such Designated Senior Indebtedness or because the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 14.03), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Subordinated Securities after such Payment Blockage Period. Not more than one Blockage Notice may be given in any consecutive 360-day period, irrespective of the number of defaults with respect to any number of issues of Senior Indebtedness during such period. For purposes of this Section 14.03, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

  • Senior Indebtedness Status The Obligations of each Credit Party under this Agreement and each of the other Financing Documents ranks and shall continue to rank at least senior in priority of payment to all Debt that is contractually subordinated to the Obligations of each such Person under this Agreement and is designated as “Senior Indebtedness” (or an equivalent term) under all instruments and documents, now or in the future, relating to all Debt that is contractually subordinated to the Obligations under this Agreement of each such Person.

  • Notes Subordinated to Senior Indebtedness The Company covenants and agrees and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Ten; and the Trustee and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on the Senior Indebtedness; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.

  • Effect on Senior Indebtedness No supplemental indenture shall adversely affect the rights of any holders of Senior Indebtedness under Article Thirteen unless the requisite holders of each issue of Senior Indebtedness affected thereby shall have consented to such supplemental indenture. ARTICLE TEN

  • Notes Subordinate to Senior Indebtedness The Company covenants and agrees, and each Holder of Notes, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article 11, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Indebtedness, in any other manner, of all Senior Indebtedness. This Article 11 shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of or continue to hold Senior Indebtedness; and such provisions are made for the benefit of the holders of Senior Indebtedness; and such holders are made obligees hereunder and they or each of them may enforce such provisions.

  • Default on Designated Senior Indebtedness The Company may not pay the principal of, premium (if any) or interest on the Securities or make any deposit pursuant to Section 8.01 and may not otherwise repurchase, redeem or otherwise retire any Securities (except that Holders may receive and retain Permitted Junior Securities) (collectively, "pay the Securities") if (a) a default in the payment of the principal of, premium, if any, or interest on any Designated Senior Indebtedness of the Company occurs and is continuing or any other amount owing in respect of any such Designated Senior Indebtedness is not paid when due, or (b) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (i) the default has been cured or waived and any such acceleration has been rescinded or (ii) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalents; provided, however, that the Company may pay the Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of the holders of such Designated Senior Indebtedness with respect to which either of the events set forth in clause (a) or (b) of this sentence has occurred and is continuing. During the continuance of any default (other than a default described in clause (a) or (b) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Trustee (with a copy to the Company) of written notice (a "Blockage Notice") of such default from the Representative of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) because such Designated Senior Indebtedness has been repaid in full in cash or Cash Equivalents or (iii) because the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section and in Section 10.02(b)), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Securities after the end of such Payment Blockage Period, including any missed payments. Not more than one Blockage Notice may be given in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness during such period; provided, however, that if any Blockage Notice within such 360-day period is given by or on behalf of any holders of Designated Senior Indebtedness other than the Bank Indebtedness, the Representative of the Bank Indebtedness may give one additional Blockage Notice within such period; provided further, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360 consecutive day period. For purposes of this Section 10.03, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

  • Senior Indebtedness The Obligations constitute “Senior Indebtedness” (or any comparable term) under and as defined in the documentation governing any Indebtedness that is subordinated in right of payment to the Obligations.

  • Securities Subordinated to Senior Indebtedness The Company and each Holder of a Security, by his acceptance thereof, agree that (a) the payment of the principal of, premium (if any) and interest on and any Additional Amounts with respect to each and all the Securities and (b) any other payment in respect of the Securities, including on account of the acquisition or redemption of Securities by the Company, is subordinated, to the extent and in the manner provided in this Article Thirteen, to the prior payment in full of all Senior Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter created, incurred, assumed or guaranteed, and that these subordination provisions are for the benefit of the holders of Senior Indebtedness. This Article Thirteen shall constitute a continuing offer to all Persons who, in reliance upon such provisions, become holders of, or continue to hold, Senior Indebtedness, and such provisions are made for the benefit of the holders of Senior Indebtedness, and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

  • Securities Subordinate to Senior Indebtedness The Company covenants and agrees, and each Holder of a Security, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article, the payment of the principal of (and premium, if any) and interest (including any Additional Interest) on each and all of the Securities of each and every series are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Indebtedness.

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