Second Lien Documents Clause Samples

Second Lien Documents. (a) The Loan Parties have the corporate power and authority to incur the Second Lien Term Loans. The Second Lien Term Loans, when incurred, will be the legally valid and binding obligations of the Loan Parties, enforceable against the Loan Parties in accordance with their terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability. (b) The Borrower has delivered to Administrative Agent complete and correct copies of the Second Lien Documents as in effect on the Amendment and Restatement Effective Date. Subject to the qualifications set forth therein, each of the representations and warranties given by any Loan Party in the Second Lien Credit Agreement and the Second Lien Documents is true and correct in all material respects as of the Amendment and Restatement Effective Date (or as of any earlier date to which such representation and warranty specifically relates).

Second Lien Documents. As of the Closing Date, the Borrowing Agent has provided to the Agent true and complete copies of all of the Second Lien Note Documentation entered into as of such date.

Second Lien Documents. As of the Amendment No. 12 Effective Date, the Borrowing Agent has provided to the Agent true and complete copies of all of the Second Lien Term Loan Documentation entered into as of such date.

Second Lien Documents. Each Loan Party will not (a) amend, modify, restate or replace the Second Lien Documents as permitted by the terms of the Intercreditor Agreement or (b) prepay the outstanding loans under the Second Lien Credit Agreement at any time when an Event of Default has occurred and is continuing or at any time when, after giving effect to such prepayments, the Borrowing Base Utilization Percentage exceeds ninety percent (90%).

Second Lien Documents. 51.2.1 Subject to Clause 51.2.2, prior to the First Lien Discharge Date, no Obligor or Second Lien Lender will modify, or permit any modification to be made to, any provision of any of the Second Lien Documents unless: (A) such modification is made in accordance with the Second Lien Credit Agreement and the relevant Second Lien Document to be modified; and (B) where Clause 51.2.2 applies, the Majority First Lien Lenders have consented to such modification. 51.2.2 Where any amendment, supplement or modification to the Second Lien Documents applicable under the Second Lien Credit Agreement would have any of the following effects: (A) to advance any date for repayment of principal or payment of interest or the making of any mandatory prepayment under the Second Lien Credit Agreement; (B) to increase the Margin or the utilisation fees applicable under the Second Lien Credit Agreement; (C) to change any Event of Default under the Second Lien Credit Agreement in a manner which the First Lien Facility Agent reasonably determines is adverse to the interest of any Obligor; (D) to grant any additional Security to the Second Lien Agent; or (E) to modify clause 8.1 (Illegality) or clause 8.3 (Mandatory prepayment) in a manner which permits or requires Prepayments to be made in circumstances that are not provided for under such clause as at the date of the Amendment Agreement; (F) to otherwise make any amendment to the Second Lien Credit Agreement which, in the reasonable opinion of the First Lien Facility Agent would have an adverse affect upon the rights of the First Lien Lenders against the Obligors under this Agreement or otherwise in connection with the transactions contemplated by this Agreement and the First Lien Finance Documents, then such amendment, supplement or modification shall not be made without the prior consent of the Majority First Lien Lenders.

Second Lien Documents. There shall have been delivered to the Administrative Agent an executed copy of the Second Lien Documents to be entered into on the Closing Date.

Second Lien Documents. The copy of the Second Lien Documents and all modifications and amendments thereto (if any) which have been delivered to Agent Bank are a true, correct and complete copy of the respective original thereof, as in effect on the Fifth Amendment Effective Date, and no amendments or modifications have been made to any such Second Lien Documents, except as otherwise reasonably approved in writing by Requisite Lenders. The Second Lien Documents have not been terminated and are in full force and effect. No Default or Event of Default under and as defined in the Second Lien Documents and the Borrower Consolidation has occurred and is continuing. This Credit Agreement, the Loan Documents, the Bank Facilities and all Obligations (including Swingline Loans and all other loans and advances hereunder from and after such Swingline Loans, loans and advances are made and including Letters of Credit from and after the date such Letters of Credit are issued) are permitted under the terms of the Second Lien Documents.” (ii) Section 5.08(e)