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SEC Filings

8-K
MEDPACE HOLDINGS, INC. filed this Form 8-K on 12/08/2016
Entire Document
 

 

performance and compliance by each Loan Party with the terms of each such Loan Document; and

 

(ii)(A) all Obligations (including, without limitation, (x) all interest, fees and expenses accruing after the commencement of a Reorganization Proceeding at the rate provided in the respective Secured Hedge Agreements, regardless of whether or not such interest, fees or expenses are allowed claims in such proceeding, and (y) Obligations which, but for the automatic stay under Section 362(a) of the U.S. Bankruptcy Code, would become due) and liabilities of each Loan Party to the Secured Parties, whether now existing or hereafter incurred under, arising out of or in connection with any Secured Hedge Agreement (including, without limitation, all such obligations and liabilities of such Loan Party under the Guaranty (if a party thereto) with respect thereto or under any other guarantee by it of obligations pursuant to any Secured Hedge Agreement) and the due performance and compliance by each Loan Party with the terms of each such Secured Hedge Agreement and (B) all Obligations (including, without limitation, (x) all interest, fees and expenses accruing after the commencement of a Reorganization Proceeding at the rate provided in the respective Secured Cash Management Agreements, regardless of whether or not such interest, fees or expenses are allowed claims in such proceeding, and (y) Obligations which, but for the automatic stay under Section 362(a) of the U.S. Bankruptcy Code, would become due) and liabilities of each Loan Party to the Secured Parties, whether now existing or hereafter incurred under, arising out of or in connection with any Secured Cash Management Agreement (including, without limitation, all such obligations and liabilities of such Loan Party under the Guaranty (if a party thereto) with respect thereto or under any other guarantee by it of obligations pursuant to any Secured Cash Management Agreement) and the due performance and compliance by each Loan Party with the terms of each such Secured Cash Management Agreement.

Subordinated Debt” shall mean the principal of, interest on, and all other amounts owing from time to time in respect of, all Intercompany Debt (including, without limitation, pursuant to guarantees thereof or security therefor, whether or not evidenced by a note) between either (i) the Parent or another Loan Party on the one hand and the Parent or another Loan Party on the other hand, or (ii) the Parent or another Loan Party on the one hand and a Subsidiary that is not a Loan Party on the other hand, at any time outstanding.

8.Parties Fully Bound.  Each Party agrees to be fully bound by all terms and provisions contained in this Agreement, both with respect to any Subordinated Debt (including any guarantees thereof and security therefor) owed to it, and with respect to all Subordinated Debt (including all guarantees thereof and security therefor) owing by it.

9.Joinder.  It is understood and agreed that any Subsidiary of Parent that is required to execute a counterpart of this Agreement after the date hereof pursuant to the requirements of the Credit Agreement or any other Senior Indebtedness shall become a Party hereunder by executing a joinder agreement in form and substance satisfactory to the Administrative Agent and delivering same to the Administrative Agent.

10.No Waiver.  No failure or delay on the part of any party hereto or any holder of Senior Indebtedness in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder.

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