Second Lien Note Purchase Agreement definition
Second Lien Note Purchase Agreement means the Note Purchase Agreement, dated as of the date hereof, among the Borrowers, the purchasers party thereto from time to time, and the Second Lien Notes Representative, as amended, refinanced, replaced, supplemented or otherwise modified from time to time.
Second Lien Note Purchase Agreement means that Second Lien Note Purchase Agreement entered into on March 15, 2017, by and among the Debtors, the Second Lien Agent, and the Second Lien Lenders (as has been or may be further amended, modified, restated or otherwise supplemented from time to time).
Second Lien Note Purchase Agreement means the Second Lien Note Purchase Agreement dated as of April 17, 2023 among Parent, as issuer, Intermediate Parent, Holdings, the Borrower, the Second Lien Noteholders and the Second Lien Agent, as amended by the First Amendment to Second Lien Note Purchase Agreement dated as of June 15, 2023 (the “First Amendment to Second Lien Note Purchase Agreement”), and as further amended, restated, supplemented and otherwise modified from time to time in a manner not prohibited by this Agreement and the Second Lien Intercreditor and Subordination Agreement.
Examples of Second Lien Note Purchase Agreement in a sentence
Capitalized terms used herein without definition shall have the meanings set forth in the Second Lien Note Purchase Agreement.
During the Cash Flow Reporting Period, the Borrower shall, if either (a) requested by the Lender Representative or (b) required at such time under the Second Lien Note Purchase Agreement, appoint and retain a Cash Flow Consultant.
The Company shall indemnify the Subscriber with respect to rights and obligations under this Agreement under the same terms, mutatis mutandis, as the Company indemnifies Purchasers pursuant to Section 10.3 of the Second Lien Note Purchase Agreement, and the liability of the Subscriber shall be limited pursuant to the terms of Section 10.3(e) thereof.
The Agent shall have received a copy of a forbearance agreement (the “Second Lien Forbearance Agreement”) executed and delivered by the Second Lien Agent and the Second Lien Noteholders whose consent is required pursuant to the Second Lien Note Purchase Agreement, which Second Lien Forbearance Agreement shall be in form and substance satisfactory to the Agent and the Required Lenders.
The Company hereby makes to the Subscriber those representations and warranties set forth in Article IV of the Second Lien Note Purchase Agreement as if such representations and warranties were set forth in this Agreement, mutatis mutandis, and made by the Company with reference to and for the purposes of this Agreement.
More Definitions of Second Lien Note Purchase Agreement
Second Lien Note Purchase Agreement means that certain Note Purchase Agreement, dated as of April 17, 2023, by and among, inter alios, the Company, the purchasers party thereto, and Wilmington Savings Fund Society, FSB, as purchaser representative, as amended, restated, amended and restated, supplemented, extended, replaced, refinanced or otherwise modified from time to time; provided, that, where any term is defined herein by reference to the Second Lien Note Purchase Agreement “as in effect on the First Amendment Effective Date” or any such similar qualification, such reference shall be deemed to be a reference to the Second Lien Note Purchase Agreement as it existed on the First Amendment Effective Date and shall not, for the avoidance of doubt, give effect to any amendment to the Second Lien Note Purchase Agreement.
Second Lien Note Purchase Agreement means that certain Note Purchase Agreement dated as of December 8, 2017 among the Borrower, as Issuer, RRI, each of the Holders from time to time party thereto and U.S. Bank National Association as Agent, as the same may from time to time be amended, amended and restated, supplemented or otherwise modified to the extent permitted by Section 9.23(b).
Second Lien Note Purchase Agreement means that certain Note Purchase Agreement, dated as of December 15, 2017, among the Borrower, the Second Lien Administrative Agent, and the holders from time to time party thereto.
Second Lien Note Purchase Agreement means that certain Second Lien Subordinated Note Purchase Agreement, dated as of October 9, 2008, by and among the Company, Parent, each guarantor named therein and the purchasers from time to time party thereto, as the same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time.”
Second Lien Note Purchase Agreement means the Second Lien Note Purchase Agreement dated as of April 17, 2023 among Parent, as issuer, Intermediate Parent, Holdings, the Borrower, the Second Lien Noteholders and the Second Lien Agent, as amended by the First Amendment to Second Lien Note Purchase Agreement dated as of June 15, 2023 (the “First Amendment to Second Lien Note Purchase Agreement”), the Second Amendment to Second Lien Note Purchase Agreement dated as of October 2, 2024 and the Third Amendment to Second Lien Note Purchase Agreement dated as of the Third Amendment Effective Date (the “Third Amendment to Second Lien Note Purchase Agreement”), and as further amended, restated, supplemented and otherwise modified from time to time in a manner not prohibited by this Agreement and the Second Lien Intercreditor and Subordination Agreement.
Second Lien Note Purchase Agreement the collateral agent, notes trustee and holders of the Second Lien Notes, collectively, the “Second Lien Secured Parties”). The Loan Parties shall acknowledge the terms of the Intercreditor Agreement. All documents entered into in connection with the First Lien Credit Agreement, including collateral documents, shall be referred to as the “First Lien Loan Documents” and all documents entered into in connection with the New Second Lien PIK Exchangeable Notes, including collateral documents, shall be referred to as the “Second Lien Note Documents”. Purpose: To establish payment subordination and the relative rights and privileges of the parties with respect to the collateral for the obligations under the First Lien Credit Agreement (the “First Lien Obligations”; including any refinancings, replacements, extensions, or increases thereof) and for the obligations under the New Second Lien PIK Exchangeable Notes and the documents governing New Second Lien PIK Exchangeable Notes (the “Second Lien Obligations”) (collectively, the “Collateral”). Priority of Obligations: The Intercreditor shall provide for (a) the payment subordination of the Second Lien Obligations to the First Lien Obligations and (b) the lien subordination of the liens securing the Second Lien Obligations to the liens securing the First Lien Obligations. Until the payment of the First Lien Obligations (other than contingent obligations for which no claim has been made) in full in cash and termination of all commitments and termination or cash collateralization of all letters of credit (the “Discharge of First Lien Obligations”):
Second Lien Note Purchase Agreement means an indenture, note purchase agreement, credit agreement or similar agreement pursuant to which any Second Lien Notes are issued by the Borrower, as the same may from time to time be amended, amended and restated, supplemented or otherwise modified to the extent permitted by Section 9.23(b).