Senior Claimholders definition

Senior Claimholders means, at any relevant time, individually and collectively, the Senior Agents, the Senior Lenders, or any other holders of the Senior Obligations at that time.

Senior Claimholders means, as to any Collateral, the Claimholders whose Liens on such Collateral are senior to the Liens of the Claimholders of the other Class on such Collateral pursuant to the terms of this Agreement. The parties hereto acknowledge that the ABL Claimholders are the Senior Claimholders with respect to the ABL Priority Collateral and the Term Claimholders are the Senior Claimholders with respect to the Term Priority Collateral, and that, accordingly, any reference herein to the “Senior Claimholders” shall be construed as a reference to the ABL Claimholders insofar as the ABL Priority Collateral is concerned and to the Term Claimholders insofar as the Term Priority Collateral is concerned.

Senior Claimholders means (a) with respect to the ABL Priority Collateral, the ABL Claimholders and (b) with respect to the Term Loan Priority Collateral, the Term Loan Claimholders.

Examples of Senior Claimholders in a sentence

• Nothing contained in this Agreement shall preclude any of the Senior Claimholders from discontinuing the extension of credit to any Obligor (whether under the Senior Loan Documents or otherwise) or from taking (without notice to any Subordinated Claimholder, any Obligor, or any other Person) any other action in respect of the Senior Obligations or the Collateral which such Senior Claimholder is otherwise entitled to take with respect to the Senior Obligations or the Collateral.

• None of the Senior Claimholders or the Subordinated Claimholders, as applicable, shall have any obligation whatsoever to the others to assure that the Control Collateral is genuine or owned by any Obligor or any other Person or to preserve their respective rights or benefits or those of any other Person.

• In connection with any DIP Financing, if any Liens on the Collateral held by the Senior Claimholders are subject to a surcharge or are subordinated to an administrative priority claim, a professional fee “carve out,” or fees owed to the United States Trustee, then the Liens on the Collateral of the Subordinated Claimholders shall also be subordinated to such interest or claim and shall remain subordinated to the Liens on the Collateral of the Senior Claimholders consistent with this Agreement.

• If any Senior Claimholder is required in any Insolvency Proceeding or otherwise to turn over, disgorge or otherwise pay to the estate of any Grantor any amount paid in respect of Senior Lien Obligations (a “Recovery”), then such Senior Claimholders shall be entitled to a reinstatement of Senior Lien Obligations with respect to all such recovered amounts, and all rights, interests, priorities and privileges recognized in this Agreement shall apply with respect to any such Recovery.

• Without limiting the foregoing, notwithstanding anything herein to the contrary, the Senior Claimholders shall not be deemed to have consented to, and expressly retain their rights to object to, the grant of adequate protection in the form of cash payments to the Junior Claimholders made pursuant to Section 6.3(b) or (d), as applicable.

More Definitions of Senior Claimholders

Senior Claimholders means the Initial First Lien Claimholders, any Additional First Lien Claimholders, the Initial Second Lien Claimholders and any Additional Second Lien Claimholders.

Senior Claimholders means the Administrative Agent, the Collateral Agent, the Lenders and the Interest Rate Protection Providers. “Senior Credit Agreement” means the Amended and Restated Senior Credit Agreement, dated as of the Effective Date, among the Borrower, the Lenders, the Administrative Agent and the Collateral Agent. “Senior Loans” has the meaning given in the recitals. “Senior Principal Prepayments” has the meaning given in Section 2.02(a). “Senior Secured Parties” has the meaning given in the recitals. “Subordinated Bondholder” has the meaning given in the preamble. “Subordinated Claimholders” has the meaning given in the preamble. “Subordinated Debt Documents” means (i) the Bond Indenture, (ii) the Subordinated Loan Agreement, (iii) the bond resolution adopted by the Issuer on August 8, 2007 that became effective on September 3, 2007, relating to the Subordinated Bonds, (iv) each of the Subordinated Bonds, (v) each of the Subordinated Security Documents, (vi) the Tax Exemption Agreement and Certificate, (vii) the Bond Purchase Agreement, (viii) the Continuing Disclosure Agreement, (ix) the Environmental and ADA Indemnification Agreement, dated as of October 1, 2007, by the Borrower in favor of the Bond Trustee, (x) each other document (other than the Agreement as to Payment of Expenses) executed on or prior to the date hereof in connection with the Bond Indenture,

Senior Claimholders means, at any relevant time, Senior Agent, and the holders of Senior Lien Obligations at that time, including Senior Lenders and any agents or trustee of any of the foregoing persons. “Senior Collateral” means all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted (or purported to be granted), and whether or not perfected as security for any Senior Lien Obligation. “Senior Credit Agreement” has the meaning set forth in the recitals to this Agreement. “Senior Default” means any “Event of Default”, as such term is defined in any Senior Loan Document. “Senior Lenders” means the “Lenders” as defined in the Senior Credit Agreement. “Senior Lien Obligations” means all Obligations (as such term is defined in the Senior Credit Agreement) and all other amounts owing, due, or secured under the terms of the Senior Credit Agreement or any other Senior Loan Document, whether now existing or arising hereafter, including all principal, premium, interest, reimbursement obligations, obligations to provide cash collateral in respect of letters of credit, fees, attorneys’ fees, costs, charges, expenses, any indemnities or guarantees, and all other amounts payable under or secured by any Senior Loan Document (including, in each case, all amounts accruing on or after the commencement of any Insolvency Proceeding relating to any Grantor, or that would have accrued or become due under the terms of the Senior Loan Documents but for the effect of the Insolvency Proceeding and irrespective of whether a claim for all or any portion of such amounts is allowable or allowed in such Insolvency Proceeding). “Senior Loan Documents” means the Loan Documents (as defined in the Senior Credit Agreement).

Senior Claimholders means the holders of any Class of Senior Obligations. “Senior Obligations” means any Class of Secured Obligations that is secured

Senior Claimholders means the holders of any Class of Senior Obligations.

Senior Claimholders means the holders from time to time of the Obligations.

Senior Claimholders means the Administrative Agent, the Collateral Agent, the Lenders and the Interest Rate Protection Providers.