Second Lien Indentures definition
Examples of Second Lien Indentures in a sentence
The restrictions in this Agreement are in addition to any Transfer restrictions in the Credit Agreement, the First Lien Indentures, the Second Lien Indentures and the Unsecured Indentures, and in the event of a conflict the Transfer restrictions contained in this Agreement shall control; provided, however, that nothing herein shall restrict, waive, or suspend any consent right the Company may have with respect to any Transfer.
Each of the Priority Lien Agent and the Second Lien Collateral Agent represents and warrants to the other parties hereto that it has been directed under the Priority Credit Agreement and the Second Lien Indentures, as the case may be, to enter into this Agreement.
The Consenting Second Lien Creditors and the Second Lien Committee agree that, prior to the termination of this Agreement with respect to any particular Caesars Party, the Consenting Second Lien Creditors and the Second Lien Committee shall not commence any litigation or interpose or join in any claim arising from or in any way relating to the Second Lien Indentures against any such Caesars Party.
For the avoidance of doubt, the reasonableness of the Second ▇▇▇▇ ▇▇▇▇ Fees and Expenses will be as set forth in the Second Lien Indentures.
The Consenting Second Lien Creditors agree that, prior to the termination of this Agreement with respect to any particular Caesars Party, the Consenting Second Lien Creditors shall not commence any litigation or interpose or join in any claim arising from or in any way relating to the Second Lien Indentures against any such Caesars Party.
The Company and the undersigned Consenting Creditors hereby agree to the treatment of the Second Lien Notes, including without limitation, the related amendment to the Second Lien Notes and Second Lien Indentures, as set forth on the term sheet attached hereto as Exhibit A.
Such security interest and lien will be pari passu with the security interest and lien securing the Level 3 First Lien Term Loan Facility, the Level 3 10.500% First Lien Indenture, the Level 3 10.750% First Lien Indenture and the Level 3 Limited Lumen Guarantees and senior to any security interest and lien securing the Level 3 Second Lien Indentures.
For purposes of the classification of claims against the Guarantors, the Second Lien Noteholder Claims shall mean the secured claims arising under the Guaranty of the Second Lien Notes and the Second Lien Indentures by the FFN subsidiaries (“Second Lien Guaranty Claims”).
In this regard, it is understood and agreed that any Consenting Second Lien Creditor may trade in the Claims or other debt or equity securities of the Company without the consent of the Company or any other Consenting Second Lien Creditor, subject to applicable securities laws, the terms of this Agreement, and the terms of the Second Lien Indentures; provided, however, that no Consenting Second Lien Creditor shall have any responsibility for any such trading to any other entity by virtue of this Agreement.
Subject to (a) Consenting Second Lien Creditors holding at least 66.7% of the aggregate outstanding amount of the Company’s obligations under the Second Lien Indentures signing the Agreement or (b) the CEOC Plan being confirmed pursuant to Bankruptcy Code section 1129(b), and in consideration for having confirmed Plans, CEC shall pay the Consensual Deal / Plan Confirmation Fee to the Consensual Deal / Plan Confirmation Fee Parties.