Additional First Lien Notes definition

Additional First Lien Notes means any additional First Lien Notes issued from time to time under the indentures governing the First Lien Notes after the original issuance date thereof, having identical terms and conditions to the First Lien Notes of the relevant series.
View Source
Additional First Lien Notes means any additional first lien notes (other than the First Lien Notes) issued after the original issuance of the First Lien Notes that are substantially similar to the First Lien Notes and are secured by any of the Collateral with Pari Passu Lien Priority relative to the First Lien Notes and with respect to which the holders (or a trustee or agent on behalf of such holders) shall have executed a supplement to the Intercreditor Agreement agreeing to be bound thereby on the same terms applicable to the holders of First Lien Notes.
View Source
Additional First Lien Notes means any 2029 Additional First Lien Notes, any 2030 Additional First Lien Notes and any 2031 Additional First Lien Notes.
View Source

Examples of Additional First Lien Notes in a sentence

  • So long as the 2026 Notes Covenant Discharge has not occurred, notwithstanding anything to the contrary in this Agreement, with respect to the Indebtedness incurred under the 2026 Additional First Lien Notes, any modification, refinancing, refunding, renewal or extension thereof shall not be financed with the issuance of additional notes pursuant to the 2026 First Lien Notes Indenture to Silver Lake or any of its Affiliates (including through an underwritten offering).

  • Additional First Lien Notes in an aggregate principal amount of up to $40.0 million shall be made available by the Investor at the request of the Company.

  • In authenticating and delivering Additional First Lien Notes of a series, the Trustee shall be entitled to receive and shall be fully protected in relying upon, in addition to the Opinion of Counsel and Officer’s Certificate required by SECTION 13.4, an Opinion of Counsel as to the validity and enforceability of such Additional First Lien Notes.

  • Except as expressly supplemented hereby, the Indenture continues in full force and effect and is in all respects confirmed, ratified and preserved and the provisions thereof shall be applicable to the Additional First Lien Notes and this Supplemental Indenture.

  • To the extent permitted by DTC, the Company Parties shall use commercially reasonable efforts to promptly make all Additional First Lien Notes (including any Additional First Lien Notes issued on account of the Commitment Premium) deliverable to Investor eligible for deposit with DTC.

  • The Company Parties may reasonably request such opinions, certificates or other evidence that such restrictions or conditions no longer apply as a condition to removing the Notes Legends; provided that no such opinion shall be required from and after the first anniversary of the issuance of such Acquired Shares or Additional First Lien Notes.

  • Assuming the accuracy of Investor’s representations and warranties set forth in Section 5, no registration under the Securities Act is required for the offer, sale or issuance, as applicable, of (i) the Acquired Shares by the Issuer to Investor and (ii) the Additional First Lien Notes by the Notes Issuers to Investor, in each case in the manner contemplated by this Agreement.

  • The terms and provisions of the Additional First Lien Notes set forth in Exhibit A hereto shall constitute and are expressly made a part of this Supplemental Indenture.

  • The Additional First Lien Notes issued hereunder shall be treated as a single class with the Existing Notes for all purposes under the Indenture, including, without limitation, for purposes of waivers, amendments, redemptions and offers to purchase.

  • The Company Parties will apply the proceeds from the sale of the Acquired Shares and the Additional First Lien Notes for the purposes identified in the section entitled “Use of Proceeds” in the Offering Memorandum and for working capital and general corporate purposes.


More Definitions of Additional First Lien Notes

Additional First Lien Notes means (i) additional First Lien Notes issued after the Effective Date under the First Lien Notes Indenture and (ii) other first lien notes issued by a Permitted Issuer, the terms of which notes (a) do not provide for any scheduled repayment, mandatory redemption or sinking fund obligation prior to the Term B Loan Maturity Date, (b) do not restrict, limit or adversely affect the ability of any Loan Party or any of its Subsidiaries to perform its obligations under any of the Loan Documents, (c) the covenants, events of default, subsidiary guaranties and other terms of which, taken as a whole, are not more restrictive to the Euro Borrower and Crown Holdings and their Subsidiaries than those in the First Lien Notes (as reasonably determined by the Administrative Agent), (d) no Subsidiary of Crown Holdings is an obligor under such notes that is not a Loan Party and (e) are customary for similar offerings by issuers with credit ratings, financial profiles and capital structures comparable to that of Crown Holdings.
View Source
Additional First Lien Notes and, together with the Acquired Shares, the “Securities”) (the “Notes Transaction” and, together with the Equity Transaction, the “Cupar Transactions”), as its own separate series of notes under the indenture governing the first lien notes (the “First Lien Notes”) to be issued by the Notes Issuers (which indenture will be in substantially the same form as that certain Senior Secured Notes Indenture dated as of January 3, 2023, by and among the Notes Issuers and U.S. Bank Trust Company, National Association, as trustee and collateral agent, pursuant to which the Notes Issuers have issued $250,000,000 in aggregate principal amount of Senior Secured Notes due 2025, with such other changes as are contemplated by the Transaction Support Agreement and Term Sheet) as part of the transactions contemplated by the Transaction Support Agreement, the Term Sheet, the Backstop Commitment Agreement and the Exchange Offer (as defined in the Backstop Commitment Agreement) (collectively with the Cupar Transactions, the “Transactions”). “Business Day” means a day other than a Saturday, Sunday or other day on which commercial banks in New York City, New York are authorized or required by law to close.
View Source
Additional First Lien Notes means any “Additional Notes” as defined in the First Lien Indenture.
View Source
Additional First Lien Notes means First Lien Notes issued under the First Lien Indenture after the Issue Date and in compliance with Sections 2.14 and 4.09 thereof, it being understood that any First Lien Notes issued in replacement of any Initial First Lien Note shall not be an Additional First Lien Note.
View Source
Additional First Lien Notes has the meaning set forth in the recitals hereto.
View Source
Additional First Lien Notes means an unlimited maximum aggregate principal amount of First Lien Notes issued under the First Lien Notes Indenture in accordance with Sections 2.02, 4.09 and 4.12 thereof.
View Source

Related to Additional First Lien Notes

  • Additional First Lien Debt means any Indebtedness and guarantees thereof that is incurred, issued or guaranteed by the Borrower and/or any other Grantor (and not guaranteed by any Subsidiary that is not a Guarantor) after the date of this Agreement (other than the Initial First Lien Debt) and documented in the applicable Additional First Lien Documents, which Indebtedness and guarantees are secured by the First Lien Collateral (or a portion thereof) on a pari passu basis with the Initial First Lien Debt (and which are not secured by Liens on the assets of the Borrower or any other Grantor other than the First Lien Collateral or which are not included in the Second Lien Collateral); provided, however, that with respect to any such Indebtedness (i) such Indebtedness is permitted to be incurred, secured and guaranteed on such basis by this Agreement and by each First Lien Document and each Second Lien Document in effect at the time of such incurrence, (ii) unless already a party with respect to that Series of Additional First Lien Debt, the First Lien Representative for the holders of such Indebtedness shall have become party to (A) this Agreement pursuant to, and by satisfying the conditions set forth in, Section 8.7 hereof and (B) the First Lien Pari Passu Intercreditor Agreement in accordance with the terms thereof; provided, that, if such Indebtedness will be the initial Additional First Lien Debt incurred by the Borrower or any other Grantor after the date hereof, then the Grantors, the Initial First Lien Representative and the First Lien Representative for such Indebtedness shall have executed and delivered the First Lien Pari Passu Intercreditor Agreement and (iii) each of the other applicable requirements of Section 8.7 shall have been complied with. Additional First Lien Debt shall include any Registered Equivalent Notes and guarantees thereof by the Grantors issued in exchange therefor. For avoidance of doubt, Indebtedness under a Replacement First Lien Credit Agreement shall not constitute Additional First Lien Debt.

  • First Lien Notes means the 8.000% first lien secured notes due April 1, 2027, issued by Frontier pursuant to the First Lien Notes Indenture.

  • Second Lien Notes means the second lien notes that may be issued pursuant to the Second Lien Notes Indenture.

  • Additional First Lien Obligations means any Indebtedness having Pari Passu Lien Priority relative to the Notes with respect to the Collateral (which Lien is permitted under this Indenture); provided that an authorized representative of the holders of such Indebtedness shall have executed a joinder to the Security Agreement, the First Lien Intercreditor Agreement and other applicable Security Documents.

  • Additional First Lien Secured Party means the holders of any Additional First-Lien Obligations and any Authorized Representative with respect thereto, and shall include the Initial Additional First-Lien Secured Parties.