Additional Second Priority Agreement means any agreement permitted to be designated as such by the First Priority Agreement and the Second Priority Agreement.
Additional Second Priority Agreement means any agreement evidencing Additional Second Priority Debt designated as such in writing by the Borrower to the extent permitted to be so designated under each then extant First Priority Agreement and Second Priority Agreement.
Additional Second Priority Agreement means any agreement designated as such in writing by the Borrower; provided that (a) the obligations incurred pursuant to such agreement are permitted to be incurred and secured on a pari passu basis with the then extant Second Priority Obligations by the terms of each then extant First Priority Agreement and Second Priority Agreement and (b) the Borrower shall have delivered to each Collateral Agent (i) true and complete copies of such agreement and security documents relating to such agreement, certified as being true and correct by an Authorized Officer of the Borrower and (ii) a certificate of an authorized officer describing the obligations incurred pursuant to such agreement to be designated as additional Second Priority Obligations and the initial aggregate principal amount or face amount thereof, together with the aggregate commitments thereunder, and certifying that such obligations are permitted to be incurred and secured on a pari passu basis with the then extant Second Priority Obligations by the terms of each then extant First Priority Agreement and Second Priority Agreement.
More Definitions of Additional Second Priority Agreement
Additional Second Priority Agreement means any agreement approved for designation as such by the First Priority Representative and the Second Priority Representative. “Bankruptcy Code” means the United States Bankruptcy Code (11 U.S.C. §101 et seq.), as amended from time to time. “Bankruptcy Court” means any court of any jurisdiction having jurisdiction over an Insolvency Proceeding at any time. “Borrower” has the meaning set forth in the introductory paragraph hereof. “Business Day” means any day other than a Saturday, Sunday or other day on which banks are required or permitted to close in the State of New York or the State of California. “Cash Collateral” has the meaning set forth in Section 4.5(c). “Cash Management Obligations” means, with respect to any Loan Party, any obligations of such Loan Party owed to any First Priority Secured Party (or any of its affiliates) in respect of treasury management arrangements, depositary or other cash management services. “Common Collateral” means all assets that are both First Priority Collateral and Second Priority Collateral. “Comparable Second Priority Security Document” means, in relation to any Common Collateral subject to any First Priority Security Document, that Second Priority Security Document that creates a security interest in the same Common Collateral, granted by the same Loan Party, as applicable. “DIP Financing” has the meaning set forth in Section 5.2. “Distribution” means, with respect to any indebtedness, obligation or claim, (a) any payment or distribution by any Person of cash, securities or other property, by setoff or otherwise, on account of such indebtedness, obligation or claim, pursuant to a plan of reorganization or otherwise and including, without limitation any payment or Distribution made as or on account of adequate protection of the recipient’s interest in any collateral or (b) any redemption, purchase or other acquisition of such indebtedness, obligation or claim by any Person.
Additional Second Priority Agreement means any agreement designated as such in writing (including by addendum to this Agreement substantially in the form set forth as Exhibit A hereto) by the Company; provided that the Company shall have delivered to each Secured Party (or the respective collateral agents on behalf of such Secured Parties) (i) true and complete copies of such agreement and security documents relating to such agreement, certified as being true and correct by an authorized officer of the Company and (ii) a certificate of an authorized officer describing the obligations incurred pursuant to such agreement to be designated as Second-Priority Obligations and the initial aggregate principal amount or face amount thereof, together with the aggregate commitments thereunder, and certifying that such obligations are permitted to be incurred and secured on a pari passu basis with the then extant Second-Priority Obligations by the terms of each then extant First-Priority Agreement and Second Priority Agreement.
Additional Second Priority Agreement means any agreement governing any indebtedness and guarantees thereof that is incurred, issued or guaranteed by the Company and/or any other Grantor (other than the indebtedness and guarantees thereof governed by the Existing Second Priority Agreements), which indebtedness and guarantees are secured by the Second Priority Collateral (or a portion thereof), including, in any event, any agreement governing any “Additional Secured Debt” under, and as defined in, the Second Priority Collateral Trust Agreement.
Additional Second Priority Agreement means any agreement evidencing Additional Second Lien Debt permitted by the First Priority Agreement and Second Priority Agreement to be secured by Liens on the Common Collateral on a basis junior to the Liens on the Common Collateral securing any First Priority Obligations (other than Excess First Lien Obligations) and permitted to be designated as such (including any agreement that provides for or evidences “Additional Parity Debt Obligations” (as such term is defined in the Second Priority Agreement)) by the First Priority Agreement and the Second Priority Agreement and that has been so designated hereunder.
Additional Second Priority Agreement means any agreement designated as such in writing (including by addendum to this Agreement) by the Company; provided that the Company shall have delivered to each Collateral Agent (i) true and complete copies of such agreement and security documents relating to such agreement, certified as being true and correct by an authorized officer of the Company and (ii) a certificate of an authorized officer describing the obligations incurred pursuant to such agreement to be designated as Second-Priority Obligations and the initial aggregate principal amount or face amount thereof and certifying that such obligations are permitted to be incurred and secured on a pari passu basis with the then extant Second-Priority Obligations by the terms of each then extant First-Priority Agreement and Second-Priority Agreement.
Additional Second Priority Agreement means any agreement selected for designation as such by the Borrowers.
Additional Second Priority Agreement means any agreement designated as such in writing (including by addendum to this Agreement) by the Company; provided that the Company shall have delivered to each Secured Party (or the respective collateral agents on behalf of such Secured Parties) (i) true and complete copies of such agreement and security documents relating to such agreement, certified as being true and correct by an authorized officer of the Company and (ii) a certificate of an authorized officer describing the obligations incurred pursuant to such agreement to be designated as Second Priority Obligations and the initial aggregate principal amount or face amount thereof and certifying that such obligations are permitted to be incurred and secured on a pari passu basis with the then extant Second-Priority Obligations by the terms of each then extant First Priority Agreement and Second Priority Agreement.