Second Lien Guaranty definition

Second Lien Guaranty has the meaning assigned to that term in the Recitals to this Agreement.

Second Lien Guaranty has the meaning set forth in the recitals to this Agreement, but shall also include each other guaranty made by any other guarantor in favor of Second Lien Trustee.

Second Lien Guaranty shall have the meaning assigned to such term in the preliminary statement of this Agreement.

Examples of Second Lien Guaranty in a sentence

• Capitalized terms used herein without definition are used as defined in the Second Lien Guaranty and Security Agreement.

• Pursuant to the Guaranty (as the same may be amended, supplemented, restated and/or otherwise modified in accordance with the terms hereof, the “Second Lien Guaranty”) by the Guarantors in favor of the Second Lien Secured Parties, the Guarantors have agreed to guarantee the payment and performance of the Borrower’s obligations under the Second Lien Loan Documents (as hereinafter defined) as provided in the Second Lien Guaranty.

• This Agreement shall terminate concurrently with the termination of the Second Lien Guaranty and Security Agreement.

• The undersigned hereby agrees that this Pledge Amendment may be attached to the Second Lien Guaranty and Security Agreement and that the Pledged Collateral listed on Annex 1-A to this Pledge Amendment shall be and become part of the Collateral referred to in the Second Lien Guaranty and Security Agreement and shall secure all Obligations of the undersigned.

• The undersigned hereby represents and warrants that each of the representations and warranties contained in Article IV of the Second Lien Guaranty and Security Agreement applicable to it is true and correct in all material respects on and as the date hereof as if made on and as of such date.

More Definitions of Second Lien Guaranty

Second Lien Guaranty means the Second Lien Guaranty dated as of October 9, 2008, by certain Subsidiaries of the Company in favor of and for the benefit of the Second Lien Collateral Agent. After any refinancing, extension or replacement of any Indebtedness under the Second Lien Notes pursuant to the terms of the Intercreditor Agreement, the term “Second Lien Guaranty” shall mean any replacement guaranty agreement entered into by such Subsidiaries of the Company in connection with such refinancing, extension or replacement.

Second Lien Guaranty means that certain subsidiary guaranty agreement entered into by certain Subsidiaries of the Borrower, as subsidiary guarantors, in favor of the holders of the Second Lien Debt in connection with the Second Lien Debt Agreement.

Second Lien Guaranty means any replacement guaranty agreement entered into by such Subsidiaries of the Company in connection with such refinancing, extension or replacement.

Second Lien Guaranty means the Second Lien Guaranty dated as of the date hereof made by Group and the Subsidiary Guarantors, in substantially the form of Exhibit J.

Second Lien Guaranty has the meaning set forth in the Recitals.

Second Lien Guaranty means the guaranty of each Guarantor set forth in Article IX.

Second Lien Guaranty means, with respect to any Second Lien Commodity Hedge and Power Sale Agreement, each Commodity Hedge Guaranty. “Second Lien Indemnified Costs” has the meaning specified in Section 7.10(d)(ii). “Second Lien Mortgages” means a collective reference to each mortgage, deed of trust and any other document or instrument under which any Lien on real property owned or leased by the Borrower or any Guarantor is granted to secure any Second Lien Obligations or under which rights or remedies with respect to any such Liens are governed. “Second Lien Obligations” means with respect to any Second Lien Commodity Hedge and Power Sale Agreement or related Commodity Hedge Guaranty (but without duplication), the Permitted Second Lien Hedge Amount owed to the applicable Second Lien Commodity Hedge Counterparty pursuant thereto. “Second Lien Secured Debt Representative” means each Second Lien Commodity Hedge Counterparty. “Second Lien Secured Parties” means, at any time, the holders of Second Lien Obligations at such time, including, the Second Lien Collateral Agent and the Second Lien Commodity Hedge Counterparties; provided that, in the case of any Second Lien Commodity Hedge Counterparty, such Second Lien Commodity Hedge Counterparty, as applicable, shall have (a) executed and delivered to each of the Collateral Agents an Accession Agreement pursuant to which it has become a party to this Agreement and has agreed to be bound by the obligations of a Second Lien Secured Party under the terms hereof or (b) in the case of any such Second Lien Commodity Hedge Counterparty that is already party to an Accession Agreement with respect to one or more Second Lien Commodity Hedge and Power Sale Agreements, such Second Lien Commodity Hedge Counterparty shall have entered into a supplement to such Accession Agreement in the form of Attachment I thereto to include any additional Second Lien Commodity Hedge and Power Sale Agreement being entered into by such Second Lien Commodity Hedge Counterparty after the date of such Accession Agreement.