Initial Second Lien Notes definition

Initial Second Lien Notes has the meaning set forth in the recitals.
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Initial Second Lien Notes in an aggregate principal amount of $300,000,000 pursuant to an Indenture dated as of [ 🌑 ] (as amended, supplemented, amended and restated or otherwise modified and in effect from time to time, the “Second Lien Indenture”) among the Company, the guarantors party thereto and UMB Bank, N.A., as trustee (in such capacity and together with its successors in such capacity, the “Trustee”), which Initial Second Lien Notes will be Parity Lien Debt for purposes of this Agreement. The Company, the Grantors and the Guarantors have secured (or intend to secure) their Obligations under the Second Lien Indenture, any future Parity Lien Debt and any other Parity Lien Obligations, with Liens on all present and future Collateral to the extent that such Liens have been provided for in the applicable Security Documents. This Agreement sets forth the terms on which each Parity Lien Secured Party (other than the Collateral Trustee) has appointed the Collateral Trustee to act as the collateral trustee for the present and future holders of the Parity Lien Obligations to receive, hold, maintain, administer and distribute the Collateral at any time delivered to the Collateral Trustee or the subject of the Security Documents, and to enforce the Security Documents and all interests, rights, powers and remedies of the Collateral Trustee with respect thereto or thereunder and the proceeds thereof. Capitalized terms used in this Agreement have the meanings assigned to them above or in Article 1 below.
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Initial Second Lien Notes has the meaning set forth in the Recitals to this Agreement.
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Examples of Initial Second Lien Notes in a sentence

  • In furtherance of the foregoing, the parties hereto agree that the Security Documents shall be in all material respects the same forms of documents as the respective Security Documents creating Liens on the Collateral in respect of the Initial Second Lien Notes.

  • As of the Tenth Amendment Effective Date, and after giving effect to Section 2.07(e) with respect to the reduction of the Borrowing Base attributable to the issuance of the Initial Second Lien Notes, each of the Lenders and the Borrower agree that the amount of the Borrowing Base shall be $900,000,000 and such Borrowing Base shall remain in effect until the Borrowing Base is otherwise redetermined or adjusted in accordance with the Credit Agreement.

  • The Second Priority Adjustable Senior Secured Notes of the same series under the Second Lien Indenture as the Initial Second Lien Notes and the Second Lien Guarantees thereof, to be issued to Holders in exchange for Transfer Restricted Second Lien Securities pursuant to this Agreement.

  • Payment of the Existing Indebtedness in full substantially contemporaneously with the receipt of the proceeds from the issuance and sale of the First Lien Notes hereunder, and after giving effect to the foregoing, the Issuer and Guarantor does not have any debt for borrowed money outstanding other than (1) the First Lien Notes, (2) the Initial Second Lien Notes, (3) indebtedness outstanding under the Credit Agreement and (4) the Existing Notes (other than the Subject Notes).

  • The Initial Second Lien Notes and the Additional Second Lien Notes shall be considered collectively as a single class for all purposes of this Indenture.

  • Such Initial Second Lien Notes and Additional Restricted Notes may thereafter be transferred to, among others, QIBs, and purchasers in reliance on Regulation S, in each case, in accordance with the procedures described herein.

  • On the Issue Date, the Trustee shall, upon receipt of a written order of the Issuer signed by an Officer (an “Issuer Authentication Order”) authenticate and deliver the Initial Second Lien Notes specified in such Issuer Authentication Order.

  • The Initial Second Lien Indenture shall be in form and substance reasonably satisfactory to the Administrative Agent and the Administrative Agent shall be reasonably satisfied that (a) the Borrower has issued the Initial Second Lien Notes pursuant to the Initial Second Lien Indenture in a principal amount of not less than $700,000,000 and (b) all Property constituting security for the Initial Second Lien Notes is subject to a Lien in favor of Administrative Agent under the Security Instruments.

  • Initial Second Lien Notes and any Additional Restricted Notes offered and sold outside the United States of America (the “Regulation S Notes”) in reliance on Regulation S shall initially be issued in the form of a temporary global Note (the “Temporary Regulation S Global Note”).

  • Other than (i) the Existing Notes (other than the Subject Notes), (ii) the First Lien Notes, (iii) the Initial Second Lien Notes, and (iv) the indebtedness under the Credit Agreement, after giving effect to the transactions contemplated hereby, including the cancellation of the Subject Notes and the repayment of the Existing Indebtedness, neither the Issuer nor any Guarantor has any debt for borrowed money or Disqualified Stock outstanding.


More Definitions of Initial Second Lien Notes

Initial Second Lien Notes means Second Lien Notes in the aggregate principal amount of $150,350,000 issued on the Issue Date pursuant to the Note Purchase and Exchange Agreement and which constitute Pari Second Lien Indebtedness.
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Initial Second Lien Notes has the meaning given such term in the Indentures.
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Initial Second Lien Notes means the 8.625% senior secured notes due 2020 issued pursuant to the Initial Second Lien Indenture.
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Initial Second Lien Notes. As defined in the preamble hereto.
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Initial Second Lien Notes in an aggregate principal amount of $300,000,000 and may from time to time thereafter issue PIK Notes (as defined in the Second Lien Indenture), in each case pursuant to an Indenture dated as of the date hereof (as the same may be amended, supplemented, modified, restated, refinanced or replaced on or prior to the date hereof and as may be amended, supplemented, modified, restated, refinanced or replaced from time to time after the date hereof in accordance with the Intercreditor Agreement and with the same and/or different noteholders and/or trustees in accordance with the Intercreditor Agreement “Second Lien Indenture”) among the Company, the guarantors party thereto, Wilmington Trust, National Association, as collateral trustee and the Second Lien Notes Trustee (as defined below), which Notes will be Parity Lien Debt for purposes of this Agreement.
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Related to Initial Second Lien Notes

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

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • Second Lien Noteholders means the holders of the Second Lien Notes.