Examples of Cerberus 3L Notes in a sentence
Liens existing on the Issue Date (other than Liens securing secured parties under the Credit Agreement, the New Notes and the Cerberus 3L Notes); provided that any existing Lien securing Indebtedness in excess of $1.0 million individually or $5.0 million in the aggregate shall only be a Permitted Lien under this clause (7) if listed on a schedule to the New Notes Indenture, which will be identical to the corresponding schedule to the Credit Agreement as in effect on the Issue Date.
In the event of a bankruptcy, liquidation, reorganization or other winding up of Holdings or DynCorp International, we must pay the holders of New Notes and the lenders under the New Senior Credit Facility and the Cerberus 3L Notes with proceeds of such collateral before we will be able to distribute any of our assets to holders of Existing Notes.
Notwithstanding anything to the contrary in the New Notes Indenture, the Issuer and Holdings will not, and will not permit any of the Restricted Subsidiaries to, directly or indirectly return any of the proceeds of, or otherwise make any cash payments in respect of, the Cerberus 3L Notes to the Sponsor or any direct or indirect parent of the Issuer, whether in the form of cash, a dividend or otherwise.
Accordingly, the New Senior Credit Facility, the New Notes and the Cerberus 3L Notes will be effectively senior to the Existing Notes to the extent of the value of the collateral securing these obligations.
Security Documents and Intercreditor Agreement The Issuer, the Guarantors and the Collateral Agent will enter into one or more Security Documents defining the terms of the security interests that secure the New Notes and the Guarantees and Junior Priority Indebtedness permitted to be Incurred under the New Notes Indenture, including the Cerberus 3L Notes.
The Existing Notes will not get the benefit of the collateral securing the New Senior Credit Facility, the New Notes and the Cerberus 3L Notes.
The Existing Notes will not get the benefit of the collateral securing the New Senior Credit Facility, the New Notes and the Cerberus 3L Notes and if there is an event of default in the future the New Notes will be entitled to an Acceleration Premium that may increase the amount of their claims following acceleration.