First Lien Indebtedness Sample Clauses

First Lien Indebtedness. All First Lien Indebtedness at any time incurred by any Obligor shall be deemed to have been incurred, and all First Lien Indebtedness held by any First Lien Lender or other holder of First Lien Indebtedness shall be deemed to have been extended, acquired or obtained, as applicable, in reliance upon this Agreement, and, to the extent not otherwise required herein, Second Lien Agent, on behalf of itself and each Second Lien Lender, hereby waives (i) notice of acceptance, or proof of reliance, by First Lien Agent, First Lien Co-Agent, the First Lien Lenders or any other holder of First Lien Indebtedness of this Agreement, and (ii) notice of the existence, renewal, extension, accrual, creation, or non-payment of all or any part of the First Lien Indebtedness. Nothing contained in this Agreement shall preclude First Lien Agent, First Lien Co-Agent, First Lien Lenders or any other holder of First Lien Indebtedness from discontinuing the extension of credit to any Obligor (whether under the First Lien Credit Agreement or otherwise). Anything in the Second Lien Loan Documents to the contrary notwithstanding, Second Lien Agent, on behalf of itself and each Second Lien Lender, hereby agrees that First Lien Agent and First Lien Co-Agent shall have the right, at any time and from time to time, in its sole discretion without the consent of or notice to Second Lien Agent or any Second Lien Lender (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to Second Lien Agent or any Second Lien Lender amend, restate, waive, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify (collectively, any "First Lien Modification") the First Lien Loan Documents, in any manner whatsoever, including any renewals, extensions or shortening of time of payments (even if such shortening causes any First Lien Indebtedness to be due on demand or otherwise), and Second Lien Agent, on behalf of itself and each Second Lien Lender, consents and agrees to any such First Lien Modification. Second Lien Agent, on behalf of itself and each Second Lien Lender, waives notice of any such First Lien Modification, and agrees that no such First Lien Modification shall affect, release, or impair the subordinations or any other obligations of Second Lien Agent or any Second Lien Lender contained herein.
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First Lien Indebtedness. The Obligations (other than Obligations in respect of the Tranche C-2A Term Loans, Tranche C-2B Term Loans, the Tranche C-5A Term Loans, the Tranche C-5B Term Loans, the Tranche C-6A Term Loans, the Tranche C-6B Term Loans, the Tranche C-7A Term Loans and the Tranche C-7B Term Loans) constitute (i) “First-Lien Indebtedness” (or the equivalent thereof) under and as defined in the Existing Second Lien Intercreditor Agreement, the New 1-1/2 Lien Intercreditor Agreement and each other Intercreditor Agreement entered into by the Administrative Agent and a representative of the holders of Indebtedness secured by Liens pursuant to Section 6.02(w) or Section 6.02(ii)(x)(A) or (y) and (ii) “First-Priority Lien Obligations” (or the equivalent thereof) under the Existing Second Secured Notes Documents and the New 1-1/2 Lien Notes Documents and with respect to any Permitted Refinancing Indebtedness with respect to the Existing Second Secured Notes or the New 1-1/2 Lien Notes, and with respect to any Indebtedness secured by Liens pursuant to Section 6.02(w) or Section 6.02(ii)(x)(A).
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First Lien Indebtedness. (i) Concurrently with, or promptly after, delivery of any information, documents or certificates to any lender or agent under the First Lien Credit Documents, furnish to Agent complete copies of all such information, documents and certificates, in each case other than such information, documents and certificates previously or concurrently delivered pursuant to this Article 6. (ii) Promptly after receipt of such request, Borrower shall notify Agent of any request of any Loan Party or Subsidiary of any Loan Party from or on behalf of the First Lien Agent regarding the Collateral.
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First Lien Indebtedness. The Indebtedness of the First Lien Borrowers pursuant to the First Lien Loan Documents. First Lien Lenders. Collectively, the lenders under the First Lien Loan Documents.
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First Lien Indebtedness. First Lien Lenders shall have advanced to the Borrower $135,000,000 of First Lien Term Loans pursuant to the First Lien Credit Agreement, the full amount of the First Lien Revolving Credit Facility shall be available to the Borrower, each of the First Lien Indebtedness Documents required to be executed and delivered on the Closing Date shall be in full force and effect and Agent shall have received true and correct copies of all such First Lien Indebtedness Documents.
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First Lien Indebtedness. As of the Fourth Amendment Effective Date, after giving effect to the Acquisition and the other transactions contemplated hereby, there shall be a minimum of 25% undrawn and unused commitments actually available to the Issuer under the First Lien Credit Agreement based on the amount of commitments under such First Lien Credit Agreement as of both such date and as of August 11, 2023 (and for the avoidance of doubt, not subject to a block because of the failure to meet a condition precedent to borrowing if a request for borrowing was to be made on the Fourth Amendment Effective Date).
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Related to First Lien Indebtedness

  • Subordinated Indebtedness The Obligations constitute senior indebtedness which is entitled to the benefits of the subordination provisions of all outstanding Subordinated Indebtedness.

  • Priority Debt The Company will not permit Priority Debt to exceed 15% of Consolidated Total Assets (as of the end of the Company’s then most recently completed fiscal quarter) at any time.

  • Secured Indebtedness The Borrower shall not permit the ratio of (i) Secured Indebtedness of the Borrower and its Subsidiaries to (ii) Total Asset Value to be greater than 0.40 to 1.00 at any time.

  • Investments; Indebtedness PNU shall not, and shall not permit any of its Subsidiaries to, other than in connection with actions permitted by Section 4.1(e), (i) make any loans, advances or capital contributions to, or investments in, any other Person, other than (x) by PNU or a direct or indirect wholly owned Subsidiary of PNU to or in PNU or any direct or indirect wholly owned Subsidiary of PNU, (y) pursuant to any contract or other legal obligation of PNU or any of its Subsidiaries as in effect at the date of this Agreement or (z) in the ordinary course of business consistent with past practice in an aggregate amount not in excess of the aggregate amount specified in Section 4.1(g) of the PNU Disclosure Schedule or (ii) create, incur, assume or suffer to exist any indebtedness, issuances of debt securities, guarantees, loans or advances not in existence as of the date of this Agreement except pursuant to the credit facilities, indentures (but not in excess of amounts authorized for issuance thereunder as of the date of this Agreement) and other arrangements in existence on the date of this Agreement or trade debt and commercial finance in the ordinary course of business consistent with past practice, in each case as such credit facilities, indentures and other arrangements and other existing indebtedness may be amended, extended, modified, refunded, renewed or refinanced after the date of this Agreement which does not increase the aggregate principal amount or amount of the facility, as the case may be.

  • Existing Indebtedness; Future Liens (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent Guarantor and its Significant Subsidiaries as of March 31, 2018 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guarantees thereof, but excluding any intercompany Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Parent Guarantor or its Significant Subsidiaries. No Obligor nor any Significant Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of such Obligor or such Significant Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor or any Significant Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. (b) Except as disclosed in Schedule 5.15, no Obligor nor any Significant Subsidiary has agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.5. (c) No Obligor nor any Significant Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of such Obligor or such Significant Subsidiary, any agreement relating thereto or any other agreement (including its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of such Obligor, except as disclosed in Schedule 5.15.