New Second Lien Notes Indenture definition

New Second Lien Notes Indenture means the indenture to be entered into on the Effective Date by Sherritt, the New Notes Guarantors and the New Second Lien Notes Indenture Trustee, substantially on the terms set forth in the form of New Second Lien Notes Indenture filed by Sherritt on SEDAR on or about June 29, 2020, as such terms may be amended pursuant to this Plan, pursuant to which the New Second Lien Notes will be issued;

New Second Lien Notes Indenture means the indenture relating to the New Second Lien Notes containing such provisions as are customary in similar transactions and substantially in the form of the Existing Second Lien Notes Indentures.

New Second Lien Notes Indenture means the indenture governing the New Second Lien Notes and the New Second Lien Interest Notes, a final or substantially final form of which shall be in the Plan Supplement.

Examples of New Second Lien Notes Indenture in a sentence

• The terms and conditions of the New Second Lien Notes Indenture shall be no more onerous than under the New First Lien Notes Indenture.

• The New Second Lien Notes Indenture shall include the below terms, customary terms and conditions of a second lien note indenture, and such other terms and conditions as may be agreed to by the Company and the Majority Second Lien Noteholder Supporting Parties.

• Whether or not the transactions contemplated by this Agreement are consummated, the Company agrees to reimburse the Institutional Bridge Loan Lenders for all invoices, reasonable out-of-pocket expenses in connection with the Bridge Loan Exchange, this Agreement, the New Second Lien Notes Indenture, the Collateral Agreement and other agreements and documents relating thereto, including fees, expenses and disbursements of one primary legal counsel and one local counsel in each applicable jurisdiction.

• The New Second Lien Notes will be issued under the New Second Lien Notes Indenture and are intended to be fungible with the New Second Lien Interest Notes.

• In relation to the New Second Lien Notes Indenture, the Affiliate Co-Plan Proponents have agreed to enter into guarantees in support of the Debtor’s obligations thereunder and shall, pursuant to this Plan, grant Liens over all or substantially all of their assets in support of such guarantees.

More Definitions of New Second Lien Notes Indenture

New Second Lien Notes Indenture means that certain indenture, dated as of the Effective Date, by and among certain of the Reorganized Debtors, the New Second Lien Notes Indenture Trustee, and the New Second Lien Noteholders, which shall contain terms substantially similar to the Second Lien Notes, but providing a 12 month later maturity, a 200 basis point increase to the interest rate, and providing that the transactions under the Plan will not constitute a change of control thereunder.

New Second Lien Notes Indenture means the indenture governing the New Second Lien Notes consistent with the Restructuring Term Sheet and in form and substance acceptable to the Required Consenting Senior Noteholders.

New Second Lien Notes Indenture means the indenture for the New Second Lien Notes, to be dated as of the Closing Date, by the Issuers, the Guarantors, the Trustee and the Collateral Agent, on terms consistent with the Transaction Term Sheet and in form and substance acceptable to the Required Consenting Senior Noteholders.

New Second Lien Notes Indenture means the indenture, dated as of the Issue Date, among the Company, the guarantors party thereto and [ ], as trustee, pursuant to which the New Second Lien Notes were issued on the Issue Date.

New Second Lien Notes Indenture means the note indenture dated as of the Plan Implementation Date among SkyLink Aviation, the guarantors party thereto and the New Second Lien Notes Indenture Trustee pursuant to which the New Second Lien Notes will be issued.

New Second Lien Notes Indenture means the Indenture, dated as of the Issue Date, among the Issuer, as issuer, the US Co-Issuer, as US co-issuer, the guarantors from time to time party thereto and Wilmington Savings Fund Society, FSB, as second lien trustee and second lien collateral agent, as amended, modified or supplemented from time to time.

New Second Lien Notes Indenture means the indenture governing the New Second Lien Notes, by and among Reorganized PCHI, as issuer, and the New Second Lien Notes Trustee, pursuant to which the New Second Lien Notes are issued.