New Senior Secured Notes definition

New Senior Secured Notes means the Borrower’s 10 7/8% Senior Secured Notes due 2012, issued in accordance with the terms of the New Senior Secured Note Indenture, including exchange notes issued pursuant to the terms of the New Senior Secured Note Indenture.

New Senior Secured Notes means up to $1,250,000,000 aggregate principal amount of 4.625% First Lien Senior Secured Notes due 2022 issued by the Borrowers pursuant to the New Senior Secured Notes Indenture.

New Senior Secured Notes means any secured notes of the Borrower issued on or following the Second Restatement Effective Date, and the Indebtedness represented thereby; provided that (a) the stated maturity date is no earlier than the date that is the Latest Maturity Date of any Loan outstanding at the time such Indebtedness is incurred, (b) the terms of such notes do not provide for any scheduled amortization, repayment of principal, mandatory redemption, redemption or repayment at the option of the holder thereof or sinking fund obligations prior to the date that is the Latest Maturity Date of any Loan outstanding at the time such Indebtedness is incurred (other than customary offers to repurchase upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default), (c) there shall be no financial maintenance covenants contained therein; (d) such Indebtedness is not Guaranteed by any person other than a Loan Party, (e) the Borrower prepays Loans with the Net Cash Proceeds therefrom in compliance with Section 2.05(b)(iv), (g) the Borrower shall be the issuer in respect thereof, (h) the obligations in respect thereof shall not be secured by any Lien on any asset of the Borrower or any Subsidiary, other than any asset constituting Collateral, and (i) (A) all security therefor shall be granted pursuant to documentation that satisfies the definition of “New Senior Secured Notes Collateral Documents” hereof, and (B) (I) in the case of issuances of New Senior Secured Notes that are secured by a Lien on the Collateral on a pari passu basis with the Lien securing the Obligations, the secured parties thereunder, or a trustee or collateral agent on their behalf, shall have become a party to the First Lien Intercreditor Agreement and the First Lien Intercreditor Agreement permits the incurrence of such New Senior Secured Notes and (II) in the case of issuances of New Senior Secured Notes that are secured by a Lien on the Collateral ranking junior to the Lien securing the Obligations, the secured parties thereunder, or a trustee or collateral agent on their behalf, shall have become a party to the Second Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement permits the incurrence of such New Senior Secured Notes. New Senior Secured Notes will include any Registered Equivalent Notes issued in exchange therefor.

Examples of New Senior Secured Notes in a sentence

• The issuance of New Common Stock, New Warrants and New Senior Secured Notes pursuant to the Plan (including the New Common Stock issued under the Management Equity Plan) shall be exempt from any securities laws registration requirements to the fullest extent permitted by section 1145 of the Bankruptcy Code.

• All New Senior Secured Notes, New Convertible Notes, New Common Stock, and New LP Units to be distributed under the Plan shall be issued on the Effective Date regardless of when the distribution of such instrument actually occurs.

• To the extent any holder of a Claim described in the first sentence of this subsection fails to release the relevant liens as described above, the Reorganized Debtors may act as attorney-in-fact, on behalf of the holders of such liens, to provide any releases as may be required by any lender under the New ABL Facility or New Senior Secured Notes Indenture or for any other purpose.

• On the Effective Date, Reorganized Holdings, Reorganized GSI and Reorganized MES shall enter into, and shall cause their respective Subsidiaries party to the New Indenture to enter into, the New Indenture providing for the issuance of the New Senior Secured Notes and guarantees of such notes.

• As of the Effective Date, the issuance by Reorganized GSI of the New Senior Secured Notes is hereby authorized without further act or action under applicable law, regulation, order or rule.

More Definitions of New Senior Secured Notes

New Senior Secured Notes means the $250 million senior secured notes to be issued by NBC, the form of which shall be included in the Plan Supplement and shall be reasonably satisfactory in form and substance to the Ad Hoc 8.625% Noteholders and JPMorgan Noteholders; provided, however, that to the extent any provisions will affect the nature, value, or form of the recovery to the Ad Hoc 8.625% Noteholders and the JPMorgan Noteholders, they shall be satisfactory to such Holders; provided, further, if the New Senior Secured Notes contain terms less favorable to the Debtors and their creditors than those set forth in Exhibit D to the Restructuring and Support Agreement, such terms must be satisfactory to counsel to the Ad Hoc 8.625% Noteholders and counsel to the JPMorgan Noteholders.

New Senior Secured Notes. 12% senior secured notes issued by the Buyer under the New SSN Indenture.

New Senior Secured Notes means the 13.75% Senior Secured Notes due 2022 issued by the Issuer in connection with the Offering Transactions.

New Senior Secured Notes means senior secured notes in the principal amount of approximately $385,000,000 to be issued by Newco on or prior to the Effective Date (i) on substantially the terms and conditions provided in the Letter Agreement including Exhibit A thereto, and which documentation shall be reasonably acceptable to the Put Parties and Ad Hoc Lender Group as provided in the Letter Agreement, or (ii) upon termination or breach of the Letter Agreement by any member of the Ad Hoc Lender Group, other similar terms, which terms and conditions shall be acceptable to the Put Parties.

New Senior Secured Notes means the Company’s Senior Secured Toggle Notes due 2020. Unless the context otherwise requires, all references to the New Senior Secured Notes shall include the Additional New Senior Secured Notes.

New Senior Secured Notes means the Senior Secured Notes due 2007 issued pursuant to that certain Note Purchase Agreement.

New Senior Secured Notes means any senior secured notes, if any, to be issued in accordance with the terms of the Backstop Commitment Letter or otherwise as part of the Exit Financing.