Second Lien Trustees definition
Examples of Second Lien Trustees in a sentence
The Junior Lien Collateral Agent, the Second Lien Trustees and each Junior Lien Representative represent and warrant that this Agreement is binding upon the Junior Lien Secured Parties.
The Company issued the New Second Lien Non-Convertible Notes under the Second Lien Indenture dated as of [•] among the Company, the Subsidiary Guarantors, the Second Lien Trustees and the Collateral Agent.
Each of the Second Lien Trustees and the Collateral Agent, as applicable, shall sign any amended or supplemental indenture, applicable New Second Lien Secured Note or amendment or supplement to any Second Lien Document authorized pursuant to this Article IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of such Second Lien Trustees or the Collateral Agent, as applicable.
Neither the Second Lien Trustees nor the Collateral Agent need investigate any fact or matter stated in the document.
Prior to taking any action under this Second Lien Indenture, each of the Second Lien Trustees and the Collateral Agent will be entitled to security or indemnification satisfactory to it in its sole discretion against all losses, liabilities and expenses that may be caused by taking or not taking such action.
If any of the Second Lien Trustees or Collateral Agent consolidates, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Person, the successor Person without any further act shall be the successor Non-Convertible Second Lien Trustee, Convertible Second Lien Trustee or Collateral Agent, as applicable.
The Second Lien Trustees shall be entitled to conclusively rely upon any order, direction or request of the Depositary or its authorized representative which is given or made pursuant to this Article II if such order, direction or request is given or made in accordance with the Applicable Procedures.
Notwithstanding the foregoing, notices to the Second Lien Trustees or the Collateral Agent shall be deemed to be effective only when actually received by the applicable Second Lien Trustee’s or the Collateral Agent’s, as applicable, designated office.
The Company, the Second Lien Trustees, the Registrar and anyone else shall have the protection of TIA § 312(c).
There shall at all times be Second Lien Trustees hereunder that are an entity or entities organized and doing business under the laws of the United States of America or of any state thereof that is authorized under such laws to exercise corporate trustee power, that are subject to supervision or examination by federal or state authorities and that have a combined capital and surplus of at least $150,000,000 as set forth in their most recent published annual report of condition.