Martin ---------------------------------- Title: Managing Director MORGAN STANLEY SENIOR FUNDING, INC., xx Administrative Agent on behalf of the Bank Lender Creditors By: /s/ Eugene F.
Lender Creditors shall have the meaning provided in the recitals of this Agreement.
Bank Lenders means the banks and financial institutions party to the Bank Credit Agreement.
Prepetition Lenders means the lenders party to the Prepetition Credit Agreement.
DIP Lenders has the meaning assigned to such term in Section 2.05(b).
First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.
Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.
Prepetition Credit Agreement has the meaning specified in the recitals hereto.
Borrower Credit Agreement Obligations the collective reference to the unpaid principal of and interest on the Loans and Reimbursement Obligations and all other obligations and liabilities of the Borrower (including, without limitation, interest accruing at the then applicable rate provided in the Credit Agreement after the maturity of the Loans and Reimbursement Obligations and interest accruing at the then applicable rate provided in the Credit Agreement after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to the Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) to the Administrative Agent or any Lender, whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the Credit Agreement, this Agreement, or the other Loan Documents, or any Letter of Credit, or any other document made, delivered or given in connection therewith, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Administrative Agent or to the Lenders that are required to be paid by the Borrower pursuant to the terms of any of the foregoing agreements).
DIP Lender means a lender under the DIP Facility.
Subordinated Lenders means each and every Person to whom any of the Subordinated Indebtedness are owed.
ABL Lenders means the “Lenders” under and as defined in the ABL Credit Agreement.
Senior Lenders means each of the lenders from time to time under the Senior Credit Agreement.
Bank Credit Agreement means the Credit Agreement dated as of May 9, 2005 by and among the Company, certain Subsidiaries of the Company named therein, the Administrative Agent, and the Bank Lenders and other financial institutions party thereto, as amended, restated, joined, supplemented or otherwise modified from time to time, and any renewals, extensions or replacements thereof, which constitute the primary bank credit facility of the Company and its Subsidiaries.
Second Lien Credit Agreement means the Second Lien Credit Agreement, dated as of the Effective Date, among Holdings, the Borrowers, the lenders party thereto and Deutsche Bank AG New York Branch, as administrative agent and collateral agent.
Bank Credit Facility means any credit agreement or working capital facility among the Company and/or its Subsidiaries and one or more lenders, as such credit agreement or working capital facility may be amended, renewed, extended, substituted, refinanced, restructured, replaced, supplemented or otherwise modified (including with other lenders) from time to time, regardless of whether any other credit agreement or working capital facility or any portion thereof was outstanding or in effect at the time of such amendment, renewal, extension, substitution, refinancing, restructuring, replacement, supplement or modification.
First Lien Credit Agreement has the meaning set forth in the Recitals to this Agreement.
Senior Creditors means, (a) depositors of the Issuer, (b) creditors of the Issuer who are unsubordinated creditors of the Issuer, and (c) creditors of the Issuer whose claims are or are expressed to be subordinated to the claims of other creditors of the Issuer (other than those whose claims are in respect of obligations which constitute, or would but for any applicable limitation on the amount of such capital, constitute, Tier 1 capital or Tier 2 capital or whose claims rank or are expressed to rank pari passu with, or junior to, the claims of holders in respect of the Notes) (whether only in a Winding Up of the Issuer or otherwise);
First Lien Credit Documents means the “Credit Documents” as defined in the First Lien Credit Agreement.
Senior Credit Facility shall include any agreement (i) changing the maturity of any Indebtedness Incurred thereunder or contemplated thereby, (ii) adding Subsidiaries of the Company as additional borrowers or guarantors thereunder, (iii) increasing the amount of Indebtedness Incurred thereunder or available to be borrowed thereunder or (iv) otherwise altering the terms and conditions thereof.
DIP Credit Agreement means the credit agreement with respect to the DIP Facility.
Prepetition Loan Documents means the “Loan Documents” as defined in the Prepetition Credit Agreement.
Existing Lenders has the meaning specified in the recitals hereto.
Majority Revolving Credit Facility Lenders the Majority Facility Lenders in respect of the Revolving Credit Facility.
New Lenders has the meaning set forth in Section 2.16(c).
First Lien Loan Documents means the “Loan Documents” as defined in the First Lien Credit Agreement.
Credit Agreement Secured Parties means the “Secured Parties” as defined in the Credit Agreement.