Senior Note Refinancing definition

Senior Note Refinancing means the Senior Notes (a) have been repaid in full and discharged with the proceeds of Replacement Debt, or (b) have been amended, in form and substance reasonably satisfactory to the Administrative Agent, to provide that the first scheduled payment of principal thereon shall not occur prior to the Permitted Debt Maturity Date.
Senior Note Refinancing means, individually or collectively, (i) the entering into the Term Loan Facility by the Borrower, (ii) the entering into the Bridge Loan Facility by the Borrower, (iii) the corresponding purchase by or on behalf of the Borrower with the proceeds of such Term Loan Facility and Bridge Loan Facility, of instruments issued by the United States Department of Treasury (the “U.S. Treasuries”), (iv) the depositing of the U.S. Treasuries in one or more escrow or securities accounts and further granting of a security interest in such escrow and securities accounts for the benefit of the holders of the Senior Notes to effectuate an in-substance defeasance of such Senior Notes, (v) the calling for redemption by Borrower of the Senior Notes and (vi) the redemption by the Borrower of the Senior Notes.
Senior Note Refinancing means the refinancing of the Senior Notes by the issuance of unsecured notes in an aggregate principal amount not to exceed the then outstanding aggregate principal amount of the Senior Notes with no scheduled payment date for any of such aggregate principal amount evidenced by such unsecured notes that is earlier than three (3) months after the sixth anniversary of the Effective Date and otherwise in form and substance satisfactory to the Administrative Agent.

Examples of Senior Note Refinancing in a sentence

  • Subject to satisfaction of the conditions precedent set forth in Section 5 below, and notwithstanding anything to the contrary contained in Section 7.17 of the Loan Agreement, Agent and Lenders hereby consent to the 8.50% Convertible Senior Note Refinancing Transaction.

  • The definition of “Availability Reserves” is hereby amended by adding “or the Senior Note Refinancing Documents” after “the Holdco Note Documents” in the eleventh line thereof and in the sixteenth line thereof.

  • In any event, the Borrowers agree that they shall repay or redeem the Senior Notes (2009) in full through a Permitted Senior Note Refinancing at least 60 days prior to the maturity thereof.

  • Section 4.02(c) of the Credit Agreement is hereby amended by inserting the text “, 2003 Senior Secured Notes, 2003 Senior Secured Note Refinancing Indebtedness” immediately after the text “Permitted Holdings Senior Note Refinancing Indebtedness” in each place such text appears in said Section.

  • Each Lender severally agrees to lend to Company on the Senior Note Refinancing Funding Date an amount not exceeding its Funding Percentage of up to $100,000,000 of any borrowing requested by Company pursuant to subsection 2.1B on such date which funds shall be used by Company for the purposes identified in the third sentence of subsection 2.5A.

  • Notwithstanding any provisions of the Credit Agreement to the contrary and subject to the representations set forth herein, the Lenders hereby consent to the use of a portion of the proceeds of the Refinancing Issuance, on or prior to March 1, 2011, to effect the Senior Note Refinancing on the Refinancing Date.

  • In any event, the Borrowers agree that they shall repay or redeem the Senior Notes (2010) in full through a Permitted Senior Note Refinancing at least 60 days prior to the maturity thereof.

  • The Senior Note Refinancing will be conducted in compliance with the terms of the Senior Note Indentures.

  • Either (i) the Senior Note Consent shall have been obtained and shall remain in full force and effect or (ii) MDC, with the prior consent of Stagwell, shall have consummated a Senior Note Refinancing.

  • The proceeds of the Loans made on the Senior Note Refinancing Funding Date shall be applied on the Senior Note Refinancing Funding Date to redeem or repay in full Company's outstanding 8% Senior Notes at par plus accrued interest thereon.


More Definitions of Senior Note Refinancing

Senior Note Refinancing means the repayment in full of all outstanding Senior Secured Notes, any prepayment fees and other transactional costs and expenses incurred in connection therewith.
Senior Note Refinancing means, as of any date of determination, the refinancing of the entire principal amount of Indebtedness outstanding as of such date under the Senior Notes, together with any accrued interest and other obligations under the Senior Note Indenture, with additional Indebtedness of the Borrower incurred after the Fourth Amendment Effective Date (such additional Indebtedness being referred to herein as the “Refinancing Indebtedness”), or the proceeds of the issuance of common stock pursuant to an Excluded Equity Issuance, provided that each of the following additional conditions are met in connection with such refinancing (A) after giving effect to such refinancing, the Borrower shall not, nor shall any of its Subsidiaries, have any further obligations under the Senior Note Documents (other than any unliquidated contingent indemnity obligations that expressly survive payment in full of the Senior Notes), and all principal, interest and other amounts (other than any unliquidated contingent indemnity obligations that expressly survive payment in full of the Senior Notes) owing by the Borrower under the Senior Notes and the Senior Note Documents shall have been paid in full, (B) the aggregate principal amount of any Refinancing Indebtedness does not increase from the outstanding principal amount of the Senior Notes immediately prior to the consummation of such refinancing (plus any fees and expenses related thereto and any prepayment premium or tender premium in connection with such extension, renewal or refinancing), (C) the terms and conditions of any Refinancing Indebtedness are, as determined by the Required Lenders, no less favorable to the Lenders than the terms and conditions of the Indebtedness evidenced by the Senior Notes existing immediately prior to the consummation of such refinancing, (D) the Borrower shall have delivered to the Administrative Agent a compliance certificate, in form and substance satisfactory to the Administrative Agent evidencing compliance with the financial covenants contained in Sections 9.08, 9.09, 9.10 and 9.12 for the respective Calculation Period, on a Pro Forma Basis, after giving effect to such refinancing, including any Refinancing Indebtedness and the repayment of the Senior Notes with the proceeds thereof; and (E) the maturity date of such Refinancing Indebtedness shall be no earlier than March 31, 2010.

Related to Senior Note Refinancing

  • Credit Agreement Refinancing Indebtedness means any (a) Permitted Pari Passu Secured Refinancing Debt, (b) Permitted Junior Secured Refinancing Debt, (c) Permitted Unsecured Refinancing Debt or (d) Indebtedness incurred hereunder pursuant to a Refinancing Amendment, in each case, issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, existing Loans or Commitments hereunder, or any then-existing Credit Agreement Refinancing Indebtedness (“Refinanced Debt”); provided, that (i) such exchanging, extending, renewing, replacing, repurchasing, retiring or refinancing Indebtedness is in an original aggregate principal amount not greater than the aggregate principal amount of the Refinanced Debt except by an amount equal to unpaid accrued interest and premium (including tender premium) and penalties thereon plus reasonable upfront fees and OID on such exchanging, extending, renewing, replacing, repurchasing, retiring or refinancing Indebtedness, plus other reasonable and customary fees and expenses in connection with such exchange, modification, refinancing, refunding, renewal, replacement, repurchase, retirement or extension and (ii) such Refinanced Debt shall be repaid, repurchased, retired, defeased or satisfied and discharged, and all accrued interest, fees, premiums (if any) and penalties in connection therewith shall be paid, substantially concurrently with the date such Credit Agreement Refinancing Indebtedness is issued, incurred or obtained.

  • Permitted Refinancing Debt means any Debt that Refinances any other Debt, including any successive Refinancings, so long as: