New Senior Secured Note Indenture definition

New Senior Secured Note Indenture means that certain Indenture, dated as of June 10, 2005, among the Borrower, each of the guarantors party thereto and the New Senior Secured Note Trustee.
New Senior Secured Note Indenture the Indenture entered into on October 15, 2015 by Holdings, the Borrower, certain of its Subsidiaries and the New Senior Secured Note Trustee in connection with the issuance of the New Senior Secured Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith.
New Senior Secured Note Indenture the Indenture dated on or about the Closing Date, among Superior, the other Obligors listed therein and the New Senior Secured Note Holder Trustee. New Subsidiary - Superior Essex Holding Corp., a Delaware corporation. New Subsidiary Preferred Stock – 5,000,000 shares of 9.5% preferred stock of New Subsidiary having a par value of at least $1 per share and representing equity of at least $5,000,000, to be issued on or before the Closing Date, plus any additional shares of preferred stock issued as a payment in kind distribution in accordance with the Certificate of Designation thereof and otherwise on terms set forth in the Plan of Reorganization. Notes - each Revolver Note and any other promissory note executed by Borrowers at Administrative Agent’s request to evidence any of the Obligations. Notice of Borrowing - as defined in Section 3.1.1(i) of the Agreement. Notice of Conversion/Continuation - as defined in Section 2.1.2(ii) of the Agreement. Obligations - in each case, whether now in existence or hereafter arising, (i) the principal of, and interest and premium, if any, on, the Loans; (ii) all LC Outstandings and all other obligations of any Obligor to Administrative Agent, Fleet or Bank arising in connection with the issuance of any Letter of Credit; and (iii) all other Debts, covenants, duties and obligations (including Contingent Obligations) now or at any time or times hereafter owing by any Obligor to Administrative Agent or any Lender under or pursuant to the Agreement or any of the other Loan Documents or owing by any Obligor to Bank or Fleet (or any Affiliate of Bank or Fleet) with respect to Banking Relationship Debt, whether evidenced by any note or other writing, whether arising from any extension of credit, opening of a letter of credit, acceptance, loan, guaranty, indemnification or otherwise and whether direct or indirect, absolute or contingent, due or to become due, primary or secondary, or joint or several, including all interest, charges, expenses, fees or other sums (including Extraordinary Expenses) chargeable to any or all Obligors under the Agreement or under any of the other Loan Documents. Obligor - each Borrower and each Guarantor, and any other Person that is at any time liable for the payment of the whole or any part of the Obligations or that has granted in favor of Administrative Agent a Lien upon any of any of such Person’s assets to secure payment of any of the Obligations.

Examples of New Senior Secured Note Indenture in a sentence

  • All Obligations hereunder and under the other Loan Documents constitute “ABL Facility Priority Lien Debt” as such term is defined in, and for purposes of, the New Senior Secured Note Indenture.

  • This Agreement (i) is included in the “Credit Agreement” as such term is defined in, and for purposes of, each of the Existing Subordinated Note Indenture and the Existing Senior Secured Note Indenture and (ii) constitutes a “Credit Facility” as such term is defined in, and for purposes of, the New Senior Secured Note Indenture.

  • Promptly after the sending or filing thereof, the Borrower shall send the Administrative Agent copies of all material notices, certificates or reports delivered pursuant to, or in connection with, the New Senior Secured Note Indenture, the Existing Senior Secured Note Indenture or, so long as any Existing Subordinated Notes remain outstanding, the Existing Subordinated Note Indenture.

  • Pursuant to the terms of the New Senior Secured Note Indenture and the New Junior Subordinated Note Indenture, interest on the New Senior Secured Notes and the New Junior Subordinated Notes shall begin to accrue at the respective rates set forth in the New Senior Secured Notes and the New Junior Subordinated Notes on the ninety-first day following the Petition Date and shall be payable as set forth therein, respectively.

  • The New Senior Secured Notes shall have been issued on the terms set forth in New Senior Secured Note Indenture.

  • The New Senior Secured Note Indenture shall meet the requirements of the Trust Indenture Act of 1939, as amended, but the New Senior Secured Notes need not be registered securities.

  • This Agreement constitutes the “Credit Agreement” as such term is defined in, and for purposes of, each of the Existing Senior Subordinated Note Indenture, the Existing Senior Secured Note Indenture and the New Senior Secured Note Indenture.

  • Any event of default shall occur and continue to exist beyond any applicable grace or any cure period under the New Senior Secured Note Indenture or the New Senior Secured Notes.

  • The New Senior Secured Notes will be issued under the New Senior Secured Note Indenture between the Reorganized Debtor and a trustee to be selected by the Reorganized Debtor.

  • The Bank of New York, together with its successors, in its capacity as trustee under the New Senior Secured Note Indenture for the New Senior Secured Notes Holders.


More Definitions of New Senior Secured Note Indenture

New Senior Secured Note Indenture means the Indenture, dated as of February 25, 1998, among ARG, the Guarantors named therein and U.S. Trust Company, as trustee, as amended, supplemented or otherwise modified from time to time.
New Senior Secured Note Indenture means the indenture governing the New Senior Secured Notes in such form reasonably acceptable to each of Purchaser and Republic which agreement shall include, among other things, such non-economic terms as are necessary or desirable to reflect the transaction and the Purchaser's proposed post-Closing capital structure.

Related to New Senior Secured Note Indenture

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Existing Senior Secured Notes means the Borrower’s $800,000,000 8.500% Senior Secured Notes due 2019, issued pursuant to the Existing Senior Secured Notes Indenture.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Senior Secured Notes means the $1,875 million aggregate principal amount of 7.375% Senior Secured Notes due 2023 of the Borrower including, as the same may be amended, supplemented, waived or otherwise modified from time to time, including any senior secured exchange notes issued in lieu thereof.

  • Senior Secured Notes Indenture means the Indenture dated as of April 13, 2016, under which the Senior Secured Notes are issued, as the same may be amended, supplemented, waived or otherwise modified from time to time.

  • Senior Secured Note Documents means the Senior Secured Note Indenture, the Senior Secured Note Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any security document relating to the Senior Secured Notes and/or the Senior Secured Note Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Senior Note Indenture the Indenture entered into by Holdings, the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Notes, together with all instruments and other agreements entered into by Holdings, the Borrower or such Subsidiaries in connection therewith.

  • Senior Secured Notes Trustee means The Bank of New York Mellon Trust Company, N.A. and its successors and assigns acting as trustee under the Senior Secured Notes Indenture.

  • Senior Secured Notes Documents means the Senior Secured Notes Indenture and the other transaction documents referred to therein (including the related guarantee, the notes and the notes purchase agreement).

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Senior Subordinated Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.

  • Note Indenture means the Note Indenture dated as of May 17, 2001, between the Note Issuer and the Note Trustee, as the same may be amended and supplemented from time to time.

  • Convertible Note Indenture means the Indenture dated as of February 21, 2014 between Emergent and the Convertible Note Trustee pursuant to which the Convertible Notes were issued.

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Senior Unsecured Notes Indenture means the Indenture dated as of July 20, 2011 among Xxxxx Fargo Bank, National Association, as trustee, the Borrower, as issuer, and the guarantors party thereto, as the same may be amended or supplemented from time to time.

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • Secured Notes Indenture means the Indenture, dated as of May 29, 2013, among the Borrower, the subsidiary guarantors party thereto from time to time and Wilmington Trust, National Association, as trustee, governing the Secured Notes, as the same may be amended, supplemented, waived or otherwise modified from time to time.

  • Unsecured Notes Indenture means the indenture, dated as of July 31, 2015, by and among the Borrower and Wilmington Trust, National Association, as trustee.

  • Existing Unsecured Notes the Borrower’s 11.5% Senior Notes due 2018, issued pursuant to the Existing Unsecured Indenture, outstanding on the Closing Date or subsequently issued in exchange for or in respect of any such notes.

  • Second Lien Notes Indenture has the meaning set forth in the recitals hereto.

  • Senior Secured Credit Facility means the Loan and Security Agreement, dated as of May 31, 2017 by and among the Company and Western Alliance Bank (as amended, amended and restated, supplemented or otherwise modified from time to time, subject to the limitations herein).

  • Existing Senior Subordinated Notes means the Company’s existing 8% Senior Subordinated Notes due 2015.

  • Second Lien Indenture means that certain indenture, dated as of October 20, 2016, among the Company, the guarantors from time to time party thereto and U.S. Bank National Association, as trustee and notes collateral agent, relating to the 9.5% Senior Secured Second Lien Notes due 2022 of the Company, as amended, supplemented, restated, converted, exchanged, replaced or modified from time to time;

  • Senior Security Documents means with respect to any Senior Secured Party, the Security Documents that secure the Senior Obligations.

  • Existing Notes Indentures means, collectively, the Existing Senior Notes Indentures and the Existing Senior Guaranteed Notes Indentures.