Existing Second Priority Agreement definition

Existing Second Priority Agreement has the meaning set forth in the second WHEREAS clause of this Agreement.
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Existing Second Priority Agreement has the meaning set forth in the recitals to this Agreement.
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Existing Second Priority Agreement means the Indenture dated as of March [—], 2011 between the Issuer, the Trustee and the other parties thereto.
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Examples of Existing Second Priority Agreement in a sentence

  • Each party hereto hereby acknowledges and agrees that all of the rights, privileges, protections, indemnities and immunities afforded U.S. Bank, National Association as Collateral Agent under the Existing Second Priority Agreement and the Second Priority Security Documents are hereby incorporated herein as if set forth herein in full.

  • Each party hereto hereby acknowledges and agrees that all of the rights, privileges, protections, indemnities and immunities afforded [] as Collateral Agent under the Existing Second Priority Agreement and the Second Priority Security Documents are hereby incorporated herein as if set forth herein in full.

  • This Agreement is (a) a “Loan Document” (or any similar term) as defined in the Existing First Priority Agreement and (b) a “Note Document” (or any similar term) as defined in the Existing Second Priority Agreement.

  • Capitalized terms used but not otherwise defined herein have the meanings assigned to such terms in the Existing Second Priority Agreement referred to below.

  • Each party hereto hereby acknowledges and agrees that all of the rights, privileges, protections, indemnities and immunities afforded Wilmington Trust FSB as Trustee and Collateral Agent under the Existing Second Priority Agreement and the Collateral Documents are hereby incorporated herein as if set forth herein in full.

  • Each party hereto hereby acknowledges and agrees that all of the rights, privileges, protections, indemnities and immunities afforded ▇▇▇▇▇ Fargo Bank, National Association as Collateral Agent under the Existing Second Priority Agreement and the Collateral Documents (as defined therein) are hereby incorporated herein as if set forth herein in full.


More Definitions of Existing Second Priority Agreement

Existing Second Priority Agreement has the meaning assigned to such term in the preamble hereto.
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Existing Second Priority Agreement has the meaning set forth in the recitals to this Agreement. “FAA” has the meaning set forth in Section 2.1(a). “First Priority Agreement” means the collective reference to (a) the Existing First Priority Agreement, (b) any Additional First Priority Agreement and (c) any other credit agreement, loan agreement, note agreement, promissory note, indenture or other agreement or instrument evidencing or governing the terms of any indebtedness or other financial accommodation that has been incurred to extend, replace, refinance or refund in whole or in part the indebtedness and other obligations outstanding under the Existing First Priority Agreement, any Additional First Priority Agreement or any other
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Existing Second Priority Agreement has the meaning set forth in the second WHEREAS clause of this Agreement. “First Priority Agreement” means the collective reference to (a) the Existing First Priority Agreement, (b) any Additional First Priority Agreement and (c) any other credit agreement, loan agreement, note agreement, promissory note, indenture or other agreement or instrument evidencing or governing the terms of any indebtedness or other financial accommodation that has been incurred to extend, replace, refinance or refund in whole or in part the indebtedness or other financial accommodations evidenced or governed by the Existing First Priority Agreement, any Additional First Priority Agreement or any other agreement or instrument referred to in this clause (c) unless such agreement or instrument expressly provides that it is not intended to be and is not a First Priority Agreement hereunder (a “Replacement First Priority Agreement”), in each case of any agreement referred to in clauses (a), (b) and (c), as the same may from time to time be amended, restated, supplemented, modified, replaced, substituted, renewed or refinanced, whether or not with the same agent, trustee, representative, lenders, or holders, and irrespective of any changes in the terms and conditions thereof. Without limiting the generality of the foregoing, the term First Priority Agreement shall include any amendment, amendment and restatement, renewal, extension, restructuring, supplement, or modification to any such agreement and all refundings, refinancings and replacements of any such agreement, including any agreement (i) extending the maturity of any indebtedness incurred thereunder or contemplated thereby, (ii) adding or deleting borrowers or guarantors thereunder so long as borrowers include one or more of the Loan Parties and their respective successors and assigns, (iii) increasing the amount of indebtedness incurred thereunder or available to be borrowed thereunder, or (iv) otherwise altering the terms and conditions thereof not expressly
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Existing Second Priority Agreement has the meaning set forth in the fourth recital of this Agreement.
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Related to Existing Second Priority Agreement

  • Existing Security Agreement shall have the meaning set forth in the recitals.

  • Second Priority Documents means each Second Priority Agreement, each Second Priority Security Document and each Second Priority Guarantee.

  • Second Priority Debt means any Indebtedness of the Borrower or any other Grantor guaranteed by the Guarantors (and not guaranteed by any Subsidiary that is not a Guarantor), including the Initial Second Priority Debt, which Indebtedness and guarantees are secured by the Second Priority Collateral on a pari passu basis (but without regard to control of remedies, other than as provided by the terms of the applicable Second Priority Debt Documents) with any other Second Priority Debt Obligations and the applicable Second Priority Debt Documents which provide that such Indebtedness and guarantees are to be secured by such Second Priority Collateral on a subordinate basis to the Senior Debt Obligations (and which is not secured by Liens on any assets of the Borrower or any other Grantor other than the Second Priority Collateral or which are not included in the Senior Collateral); provided, however, that (i) such Indebtedness is permitted to be incurred, secured and guaranteed on such basis by each Senior Debt Document and Second Priority Debt Document and (ii) except in the case of the Initial Second Priority Debt hereunder, the Representative for the holders of such Indebtedness shall have become party to this Agreement pursuant to, and by satisfying the conditions set forth in, Section 8.09 hereof. Second Priority Debt shall include any Registered Equivalent Notes and Guarantees thereof by the Guarantors issued in exchange therefor.

  • Second Priority Debt Documents means the Initial Second Priority Debt Documents and, with respect to any series, issue or class of Second Priority Debt, the promissory notes, indentures, Collateral Documents or other operative agreements evidencing or governing such Indebtedness, including the Second Priority Collateral Documents.

  • Existing Security Documents shall have the meaning assigned to such term in the recitals hereto.