Junior Lien. The Company will use commercially-reasonable efforts to grant to Lender a lien on the Pledged Shares as referenced in that Stock Pledge Agreement of even date herewith by and among the Company, Ugly Duckling Car Sales and Finance Corporation, and BNY Midwest Trust Company, which lien shall be junior to the lien granted under such agreement.
Junior Lien. Maker agrees that its obligations to the Holder under this Note may, at the election of the Holder at any time, be secured by a lien on any or all of the assets of Peakx Xxxrgy, Inc., which lien shall be subordinated to the liens of ING (other than wellx xxx other property interests that are subject to any Section 29 Tax Credit Agreement with BBD Gas LLC). Maker agrees that if Holder so elects, Maker will execute and deliver such documents, and otherwise take such other action and execute such assignments or other instruments or documents, each as Holder may reasonably request, to evidence, perfect or record such junior liens on the assets of Peakx Xxxrgy, Inc.
Junior Lien. Unsecured Debt basket (§6.01(w)) Delete existing ratio basket. New basket permitting the issuance of additional junior lien debt in the form of (i) without duplication of what is contemplated by the Transaction Term Sheet, the New Second Lien Exchangeable Notes contemplated by the Transaction Term Sheet, plus (ii) additional amounts of junior lien or subordinated unsecured debt (in each case, the interest on which must be paid in kind and the terms of which (other than with respect to conversion) shall be consistent with the terms of the New Second Lien PIK Exchangeable Notes) to be capped at $150,000,000, in each case, plus PIK interest with respect thereto (collectively, the “Specified Junior Debt”); and, in each case, subject at all times to the Intercreditor Agreement or a substantially consistent subordination agreement.. Asset Sales and Asset Sale Sweep 12. Dispositions Covenant (§6.07) Reduce de minimis exclusion in the introduction to Section 6.07 to $1m / $2.5m, applicable after the amendment effective date. 13. General Asset Sale basket (§6.07(h)) Modify clause (h) of Section 6.07 to provide the 75% minimum cash consideration requirement applies for all dispositions made under this basket (i.e. no thresholds or deemed cash exceptions) 14. Asset Sale Sweep (§2.11(b)(ii)) (i) Delete $15m de minimis threshold in clause (b)(ii) of Section 2.11. (ii) Add an annual cap on reinvestment rights not to exceed $10 million (with measurement to commence after the amendment effective date). (iii) Reinvestment period to be 12 months (with no additional 180 day commitment to reinvest period), subject to extension by the Lender Representative. (iv) Limit reinvestments solely to capital expenditures and long-term capital assets useful to the business, as determined by the Borrower in good faith. 15. “Dispositions” Definition of Dispositions shall include issuances of Equity Interests of subsidiaries of the Borrower Exhibit 10.1
Junior Lien i. the combined principal balance of the first and junior liens (for a HELOC loan, coverage must include the maximum credit line);
Junior Lien. The lien created by this Mortgage is a first and prior lien on the Mortgaged Premises, subordinate only to the Senior Mortgage, and Mortgagor will keep the Mortgaged Premises and the rights, privileges and appurtenances thereto free from all lien claims of every kind whether superior, equal, or inferior to the lien of this Mortgage subject only to Permitted Encumbrances and if any such lien be filed, Mortgagor, within forty-five (45) days after such filing shall cause same to be discharged by payment, bonding or otherwise to the satisfaction of Mortgagee. Xxxxxxxxx further agrees to protect and defend the title and possession of the Mortgaged Premises so that this Mortgage shall be and remain a lien thereon with priority as stated above until said debt be fully paid, or if foreclosure shall be had hereunder so that the purchaser at said sale shall acquire good title in fee simple to the Mortgaged Premises free and clear of all liens and encumbrances.
Junior Lien. The lien created by this Security Instrument is a junior lien on the Premises, subordinate only to the Senior Mortgage, and the Mortgagor will keep the Premises and the rights, privileges and appurtenances thereto free from all other lien claims of every kind whether superior, equal, or inferior to the lien of this Security Instrument subject only to Permitted Encumbrances and if any such lien be filed, Mortgagor, within twenty (20) days after such filing shall cause same to be discharged by payment, bonding or otherwise to the satisfaction of Mortgagee. Mortgagor further agrees to protect and defend the title and possession of the Premises so that this Security Instrument shall be and remain a lien thereon with priority stated above until the Obligations are fully paid and performed , or if foreclosure shall be had hereunder so that the purchaser at said sale shall acquire good title in fee simple to the Premises free and clear of all liens and encumbrances except the Permitted Encumbrances.
Junior Lien. So long as the Intercreditor Agreement is in effect, the Lien created by this Agreement shall be junior to the Lien in favor of the ABL Agent created pursuant to the ABL Pledge and Security Agreement and is subject to the terms of the Intercreditor Agreement. To the extent there is any conflict between the terms of this Agreement and the terms of the Intercreditor Agreement, the Intercreditor Agreement shall govern.
Junior Lien. Mortgage Loan No. __, 120 Broadway, and Mortgage Loan No. ___, Ritz Carlton Portfolio, are each secured by a Mortgage that also secures a subordinate loan other than one or more other Mortgage Loans. Mortgage Loan No. ___, Ritz Carlton Portfolio and Mortgage Loan No. ___, Cherry Creek, are each secured by a Mortgage that also secures a pari passu loan other than one or more other Mortgage Loans. In the case of each of these loans other than Cherry Creek, the relevant Mortgage Loan is serviced pursuant to a pooling and servicing agreement other than the HQ9 Pooling and Servicing Agreement, and ownership of the loan documents are nominally held pursuant to that pooling and servicing agreement. The related loans are described in the Prospectus Supplement.
Junior Lien. Mortgage Loan Xx. 0, Xxxxxxxxx Xxxxx Xxxx, is secured by a Mortgage that also secures a subordinate loan other than one or more other Mortgage Loans. The related loan is described in the Prospectus Supplement.
Junior Lien. Mortgage Loan No. ___, 000 Xxxxx Xxxxxx, is secured by a Mortgage that also secures a junior "B" loan other than one or more other Mortgage Loans. The related "B" loan also has the right to become pari passu under certain circumstances. The related loan is described in the Prospectus Supplement.
