Specified Secured Indebtedness definition
Examples of Specified Secured Indebtedness in a sentence
Each Lender (a) acknowledges that it has received a copy of each Collateral Documents, (b) without limiting the foregoing, agrees that it will be bound by and will take no actions contrary to the provisions of any Collateral Documents and (c) acknowledges that the Agent will, and hereby authorizes the Agent to, enter into (and be a party to) the Collateral Documents and any intercreditor agreements on behalf of itself, such Lender and the holders of any future Specified Secured Indebtedness.
Contemporaneously with the sending or filing thereof, the Company will provide to the Administrative Agent for distribution to each of the Lenders, any notices provided to, or received from, holders of (I) Senior Notes, or any refinancing thereof or (II) Specified Secured Indebtedness or other Indebtedness, in each case of this clause (II), with a principal amount in excess of the Threshold Amount.
The documents evidencing and securing the Specified Secured Indebtedness are in full force and effect and no material defaults by the Permitted Other Subsidiaries party thereto exist thereunder.
The Note shall have priority in payment and performance over all indebtedness of the Company and its Subsidiaries (except with respect to the Specified Secured Indebtedness (as defined in the Note)), as further provided in that certain security agreement entered into between the Company, the Subsidiaries, and the Buyer on the date of this Agreement (the “Security Agreement”), a form of which is attached hereto as Exhibit C.
The Company represents and warrants that there are no security interests in, or liens on, the Company’s assets as of the date of this Agreement except as created in favor of the Buyer pursuant to the Security Agreement and the holders of the July 2023 Notes, other than with respect to the Specified Secured Indebtedness, and as otherwise set forth on Schedule 3(g) to this Agreement.
Holder may accept such redemption offer by written notice to the Company not later than five (5) Business Days after delivery of the Specified Secured Indebtedness Notice and the Company shall make payment on the redemption within three (3) Business Days thereof.
The Company represents and warrants that there are no security interests in, or liens on, the Company’s assets as of the date of this Agreement except as created in favor of the Buyer pursuant to the Security Agreement and the holders of the July 2023 Notes, other than with respect to the Specified Secured Indebtedness, and as otherwise set forth on Schedule 3(g) of the Disclosure Schedules.
As of the Closing Date, ------------------------------ Permitted Other Subsidiaries are incurring approximately $250,000,000 in Specified Secured Indebtedness which Indebtedness qualifies as Secured Non- Recourse Indebtedness permitted pursuant to the provisions of Section 6.02(b).
The Company represents and warrants that there are no security interests in, or liens on, the Company’s assets as of the date of this Agreement except as created in favor of the Buyer pursuant to the Security Agreement other than with respect to the Specified Secured Indebtedness, the Other Secured Indebtedness, and as otherwise set forth on Schedule 3(g) to this Agreement.