Second Omnibus Restructuring Agreement definition

Second Omnibus Restructuring Agreement means the Second Omnibus Restructuring Agreement dated as of December 4, 2002, among the Company, the Owner, the Trustee, the Trust Company, each Tranche A Lender, each Tranche B Lender, each Interest Hedge Party, the DSR/RCE L/C Issuer, the Working Capital L/C Issuer, the Administrative Agent, the Security Agent, the Priority Lenders, the Priority Agent and NEG.
Sample 1
Second Omnibus Restructuring Agreement means the Second Omnibus Restructuring Agreement dated as of December 4, 2002, among the Company, the Owner, the Trustee, the Trust Company, each Tranche A Lender, each Tranche B Lender, each Interest Hedge Party, the DSR/RCE L/C Issuer, the Working Capital L/C Issuer, the Administrative Agent, the Security Agent, the Priority Lenders, Citibank, N.A., as Priority Agent and NEG. "Settlement Amounts" has the meaning set forth in Section 1.01 of the Second Omnibus Restructuring Agreement. "Tranche A Settlement Amounts" has the meaning set forth in Section 1.01 of the Second Omnibus Restructuring Agreement. "Tranche B Settlement Amounts" has the meaning set forth in Section 1.01 of the Second Omnibus Restructuring Agreement. "Waterfall Commencement Date" has the meaning set forth in Section 1.1 of the Priority Credit Agreement. 2.07 Annex A of the Participation Agreement is hereby further amended as follows: (i) The definition of "Applicable Margin" is deleted and replaced, in its entirety, with the following definition: "Applicable Margin" means 5.50%. (ii) The definition of "Imposition" is amended by deleting the phrase "Lender Holder or Investor" in clause (iii) thereof and replacing such phrase with "Lender or Priority Lender". (iii) The title of the definition "Lender and Investor Obligations" is hereby amended to read "Lender Obligations". (iv) The definition of "Operating Costs" is deleted and replaced, in its entirety, with the following definition: "Operating Costs" means, for any period, cash amounts incurred and paid by the Company or the Owner for the operation and maintenance of the Project or any portion thereof, including premiums for insurance policies, fuel supply and fuel transportation costs, costs of obtaining any other materials, supplies or services for the Project, utilities, costs of maintaining, renewing and amending Governmental Actions, franchise, licensing, property, real estate, sales and excise taxes (excluding federal or state income taxes), general and administrative expenses, employee salaries, wages and other employment-related costs, business management and administrative services fees, costs required to be paid by the Company or the Owner under any Operative Document (other than Priority Scheduled Debt Service, Scheduled Debt Service and other amounts due to the Lenders and Interest Hedge Parties in respect of the Loans or Interest Hedge Obligations) or Project Contract (other than Project Costs), legal and other transaction...
Sample 1
Second Omnibus Restructuring Agreement means the Second Omnibus Restructuring Agreement dated as of December 4, 2002, among the Company, the Owner, the Trustee, the Trust Company, each Tranche A Lender, each Tranche B Lender, each Investor, each Interest Hedge Party, the DSR/RCE L/C Issuer, the Working Capital L/C Issuer, the Administrative Agent, the Security Agent, the Priority Lenders, the Priority Agent and PG&E National Energy Group, Inc. "Subject Project Costs" means all costs of acquiring, developing, financing and constructing the Project as set forth in the Project Budget, including: (a) all amounts payable by the Company or the Owner under the EPC Contract (other than EPC Contractor bonuses which are hereby specifically not designated as "Subject Project Costs" by the Company and the Owner and which are payable after the Completion Date), site acquisition and preparation costs and costs of acquisition and construction of the fuel handling facilities, all amounts payable by the Company or the Owner under the Generator Special Facilities Agreement, the Related Facilities Construction Contracts, the Facilities Construction Agreement, the other Construction Documents and all other costs of fuel, water and sewer interconnection and related facilities; (b) all other Project-related costs, including fuel-related costs, expenses of the Company or the Owner with respect to items that may be reimbursed by the EPC Contractor or any party to any other Construction Documents pursuant to warranty or other claims, pre-commercial operation fees and expenses under the Operating Agreement, management services fees and expenses, startup and testing costs, initial working capital costs, initial reserve fund requirements, and all other expenses to complete the acquisition, construction and financing and refinancing of the Project; (c) legal and other transaction costs related to this Agreement (including all reasonable costs, fees and expenses of counsel, consultants and other professionals (limited to Milbank, Tweed, Hadley & McCloy LLP, a single local California counsxx xxxisfxxxxxx to the Priority Agent, Simpson, Thacher & Bartlett, FTI Consulting and PA Consulting Group and xxxx xxher counsel, consultants and professionals engaged with the consent of the Company) engaged by or on behalf of the Priority Agent); (d) Priority Scheduled Debt Service prior to the Waterfall Commencement Date; (e) any amounts placed in escrow to cash collateralize the Company's obligations relating to construction of the Int...
Sample 1

Examples of Second Omnibus Restructuring Agreement in a sentence

  • The effectiveness of this Agreement is subject to the occurrence of the Effective Date under the Second Omnibus Restructuring Agreement.

Related to Second Omnibus Restructuring Agreement

  • Restructuring Agreement shall have the meaning set forth in the recitals.

  • Company Acquisition Agreement has the meaning set forth in Section 5.04(a).

  • Factoring Agreement means an agreement by and between a Borrower or a Subsidiary of a Borrower and a Factoring Company pursuant to which a Borrower or such Subsidiary shall, pursuant to customary terms for the size and type of transaction involved, sell, transfer and assign its rights, title and interests in certain accounts receivable, specifically identified therein, to a Factoring Company.

  • Transaction Agreement has the meaning set forth in the recitals.

  • Acquisition Agreements means the Nexstar Acquisition Agreement and the Mission Acquisition Agreement, and “Acquisition Agreement” means the applicable agreement in the context used.

  • Master Transaction Agreement has the meaning set forth in the recitals.

  • Reorganization Agreement has the meaning set forth in the recitals.

  • Original Financing Agreement means the development credit agreement for a Social Investment Program Project between the Recipient and the Association, dated April 7, 2003, as amended to the date of this Agreement (Credit No. 3740-BD).

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.

  • Contribution Agreement means that certain Contribution and Conveyance Agreement, dated as of the Closing Date, among the General Partner, the Partnership, the Operating Partnership and certain other parties, together with the additional conveyance documents and instruments contemplated or referenced thereunder, as such may be amended, supplemented or restated from time to time.

  • Co-financing Agreement means the agreement to be entered into between the Recipient and the Co-financier providing for the Co-financing.

  • Restatement Agreement means the Restatement Agreement to the Existing Credit Agreement dated as of June 30, 2017 by and among each of the Loan Parties party thereto, the Administrative Agent and the Lenders party thereto.

  • Alternative Acquisition Agreement shall have the meaning set forth in Section 6.5(c).

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Equity Contribution Agreement means the Equity Contribution Agreement, to be dated as of the Closing Date, by and among Guarantor, Borrower and Administrative Agent.

  • Parent Agreement has the meaning given to it in Clause 12;

  • Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time.

  • Master Separation Agreement has the meaning set forth in the recitals.

  • Acquisition Agreement means a letter of intent, agreement in principle, merger agreement, acquisition agreement, option agreement or other similar agreement.

  • Definitive Acquisition Agreement means any definitive written agreement entered into by the Company that is conditioned on the approval by the holders of not less than a majority of the outstanding shares of Common Stock at a meeting of the stockholders of the Company with respect to (i) a merger, consolidation, recapitalization, reorganization, share exchange, business combination or similar transaction involving the Company or (ii) the acquisition in any manner, directly or indirectly, of more than 50% of the consolidated total assets (including, without limitation, equity securities of its subsidiaries) of the Company and its Subsidiaries.

  • Financing Agreement means any lease purchase agreement, installment sale agreement, loan agreement, line of credit or other agreement of the department or, with the approval of the director, and any agency, to finance the improvement, use or acquisition of real or personal property that is or will be owned or operated by one or more agencies of the State, the department or any agency, or to refinance previously executed financing agreements including certificates of participation relating thereto. The School shall not act as a guarantor of any such financing agreement.

  • Subsidiary Financing Agreement means the agreement to be entered into between the Borrower and PPWSA pursuant to Section 3.02 of this Agreement, as the same may be amended from time to time, and such term includes all schedules to the Subsidiary Financing Agreement.

  • Existing Agreement has the meaning set forth in the recitals hereto.

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • Investment Management Agreement means the Investment Management Agreement, dated as of the date hereof, by and between the Investment Manager and the Borrower.

  • Arrangement Agreement means the arrangement agreement dated as of April 18, 2019 between the Purchaser and the Company, including the schedules and exhibits thereto, providing for, among other things, the Arrangement, as the same may be amended, supplemented or restated.