Prepetition Second Lien Credit Agreement means that certain Credit Agreement, dated as of March 19, 2012, by and among Sellers, the Prepetition Second Lien Agent and the Prepetition Second Lien Lenders, as amended, restated, supplemented or otherwise modified from time to time.
Prepetition Second Lien Credit Agreement means that certain Second Lien Credit and Guaranty Agreement, dated as of May 4, 2018, by and among FCI, as borrower, certain subsidiaries of FCI, as guarantor subsidiaries, GLAS Americas LLC as collateral agent (as successor to Wilmington Trust in such capacity), GLAS USA LLC, as administrative agent (as successor to Wilmington Trust in such capacity), and the Prepetition Second Lien Lenders, as amended, restated, modified or supplemented from time to time prior to the Commencement Date.
Prepetition Second Lien Credit Agreement means that certain Second Lien Credit Agreement, dated as of September 1, 2016 (as amended, supplemented or otherwise modified from time to time) by and among Holdings, the Borrowers, as borrowers, and the lenders from time to time party thereto.
Examples of Prepetition Second Lien Credit Agreement in a sentence
The Prepetition Second Lien Agent shall be deemed to be the Holder of all Prepetition Second Lien Credit Agreement Claims, as applicable, for purposes of distributions to be made hereunder, and all distributions on account of such Prepetition Second Lien Credit Agreement Claims shall be made to or on behalf of the Prepetition Second Lien Agent.
The Prepetition Second Lien Agent shall hold or direct such distributions for the benefit of the Holders of Allowed Prepetition Second Lien Credit Agreement Claims, as applicable.
An exchange of an Allowed Prepetition Second Lien Credit Agreement Claim or Worldwide General Unsecured Claim for New Equity should constitute a fully taxable exchange under section 1001 of the IRC.
As soon as practicable following compliance with the requirements set forth in this Article VI of the Plan, the Prepetition Second Lien Agent shall arrange to deliver or direct the delivery of such distributions to or on behalf of such Holders of Allowed Prepetition Second Lien Credit Agreement Claims.
Notwithstanding anything to the contrary herein, all rights under the Prepetition First Lien Credit Agreement and the Prepetition Second Lien Credit Agreement shall remain subject to the Prepetition Intercreditor Agreement.
More Definitions of Prepetition Second Lien Credit Agreement
Prepetition Second Lien Credit Agreement means that certain second lien term loan and guarantee agreement, dated as of March 11, 2014, among Borrower, Holdings, the lenders party thereto and the Prepetition Second Lien Administrative Agent.
Prepetition Second Lien Credit Agreement means the Second Lien Term Loan Credit Agreement dated as of April 26, 2017 among Holdings, as holdings, NBG Acquisition Inc. as the initial borrower, Cortland Capital Market Service LLC, as administrative agent and collateral agent and the several banks and other financial institutions from time to time parties thereto as lenders, as such agreement has been amended, supplemented, waived or otherwise modified from time to time prior to the date hereof.
Prepetition Second Lien Credit Agreement means that certain Second Lien Term Loan and Guarantee Agreement, dated as of March 11, 2014 (as amended, restated, modified or supplemented from time to time prior to the date of the Restructuring Support Agreement), among certain of the Debtors, the Prepetition Second Lien Lenders, and Morgan Stanley Senior Funding, Inc., in its capacity as administrative agent and collateral agent thereunder.
Prepetition Second Lien Credit Agreement means the Credit Agreement (Second Lien), dated as of March 27, 2014, among the Company, as borrower, Holdings, as a guarantor, the Subsidiary Guarantors party thereto, the financial institutions from time to time parties thereto as lenders and U.S. Bank, as administrative agent, as amended, supplemented, amended and restated or otherwise modified or replaced from time to time.
Prepetition Second Lien Credit Agreement means that certain Second Lien Credit Agreement, dated as of July 14, 2017 by and among Borrowers, the Prepetition Second Lien Agent, the Prepetition Second Lien Lenders and certain financial institutions from time to time party thereto as lenders, as the same may be amended, amended and restated, replaced, refinanced, supplemented or otherwise modified from time to time in accordance with the terms hereof.
Prepetition Second Lien Credit Agreement means that that certain Second Lien Credit Agreement dated as of January 11, 2016, by and among SunEdison, Inc., Wilmington Savings Fund Society, FSB, and the various lenders party thereto from time to time, as it may be amended, restated, amended and restated, supplemented or otherwise modified from time to time.
Prepetition Second Lien Credit Agreement the obligations thereunder and under the related loan documents, the “Prepetition Second Lien Secured Obligations”; and the liens and security interests granted in connection therewith, the “Prepetition Second Lien Liens”) (the “Prepetition Second Lien Facility”). Permitted Liens Any valid liens (“Permitted Prior Liens”) that are (i) in existence on the Petition Date, (ii) either perfected as of the Petition Date or perfected subsequent to the Petition Date under section 546(b) of the Bankruptcy Code and (iii) senior in priority to the Prepetition First Lien Liens or by operation of applicable non-bankruptcy law. Interim and Final DIP Orders The order approving the DIP Facility on an interim basis, which shall be in form and substance, and upon terms and conditions, acceptable in all respects to the Loan Parties and the Required DIP Lenders (the “Interim DIP Order”), shall authorize and approve, among other matters, (i) the Loan Parties’ entry into the DIP Documents (as defined below), (ii) the making of the DIP Loans (as defined below), (iii) the granting of the superpriority claims and liens against the Loan Parties and their assets in accordance with the DIP Documents with respect to the DIP Collateral (as defined below), (iv) the payment of the DIP Backstop Premium (as defined in the Restructuring Term Sheet), (v) those items set forth below in “Stipulations, Waivers, Releases and Protections”, (vi) the use of Cash Collateral (as defined below), and (vii) the granting of adequate protection to the Prepetition First Lien Secured Parties and the Prepetition Second Lien Secured Parties (collectively, the “DIP Matters”). The order approving the DIP Facility on a final basis, which shall be in form and substance, and upon terms and conditions, acceptable in all respects to the Loan Parties and the Required DIP Lenders (the “Final DIP Order” and, together with the Interim DIP Order, the “DIP Orders”), shall authorize and approve among other matters, the DIP Matters.