Second Priority Securities definition
Examples of Second Priority Securities in a sentence
The Common Representative shall not be liable with respect to any action taken by it, or omitted to be taken by it, in accordance with the direction of the First Priority Indenture Trustee, the Second Priority Indenture Trustee, or the Beneficial Owners of the Second Priority Securities to the extent such direction is expressly permitted or required in Article 4 hereof.
If no Interest Period is specified with respect to any requested LIBOR Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration.
The First Priority Indenture Trustee and the Second Priority Indenture Trustee and the Beneficial Holders of the First Priority Securities or Second Priority Securities who hold in the aggregate more than fifty percent (50%) of the outstanding principal amount of the First Priority Securities or Second Priority Securities, as applicable, shall each have the right, but not the obligation, to pay any such amounts not paid by the Company in accordance with this Agreement.
Such waiver and release are part of the consideration for the issuance of the Second Priority Securities.
This Agreement shall be solely for the benefit of the Pledgee and the holders of Second Priority Obligations and Second Priority Securities represented thereby, the Pledgor, and no other person or entity shall be a third-party beneficiary hereof.
In any matter requiring the consent or approval of the Requisite Second Priority Holders hereunder or under any other Second Priority Document, the Indenture Trustee shall communicate with the Second Priority Holders in accordance with the Second Priority Securities Facility and shall provide to the Collateral Trustee a certificate as to the principal amount of Second Priority Securities held by the Second Priority Holders who have given their consent or approval to such matter.
To secure the Company’s payment obligations in this Section 7.7, the Trustee shall have a Lien prior to the Second Priority Securities on all assets held or collected by the Trustee, in its capacity as Trustee, except assets held in trust to pay principal and premium, if any, of or interest (or Additional Amounts, if any) on particular Second Priority Securities.
The Company shall approve the form of the Second Priority Securities and any notation, legend or endorsement thereon.
The undersigned Second Priority Guarantor hereby agrees to submit to the jurisdiction of the courts of the State of New York in any action or proceeding arising out of, connected with, or relating to this Guarantee, the Second Priority Indenture, the Second Priority Securities, or any other Second Priority Document.
A copy of each report sent to Second Priority Holders under this Section 7.6 shall also be sent to the Company and filed with the SEC and each securities exchange, if any, on which the Second Priority Securities are listed.