Second Lien Collateral means all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted as security for any Second Lien Obligations.
Second Lien Noteholders means the registered holders, from time to time, of the Second Lien Notes, as determined in accordance with the relevant Second Lien Notes Indenture.
Non-Lead Securitization Subordinate Class Representative means the holders of the majority of the class of securities issued in a Non-Lead Securitization designated as the “controlling class” pursuant to the related Non-Lead Securitization Servicing Agreement or their duly appointed representative; provided that if 50% or more of the class of securities issued in any Non-Lead Securitization designated as the “controlling class” or such other class(es) otherwise assigned the rights to exercise the rights of the “Controlling Noteholder” is held by the Mortgage Loan Borrower or an Affiliate of the Mortgage Loan Borrower, no person shall be entitled to exercise the rights of the related Non-Lead Securitization Subordinate Class Representative.
Lead Securitization Subordinate Class Representative means the “Controlling Class Representative” as defined in the Lead Securitization Servicing Agreement or such other analogous term used in the Lead Securitization Servicing Agreement.
Non-Performing Second Lien Bank Loans means Second Lien Bank Loans other than Performing Second Lien Bank Loans.
First Lien Collateral means all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted as security for any First Lien Obligations.
Second Lien Collateral Documents means the “Security Documents” or “Collateral Documents” (as defined in the applicable Second Lien Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any Second Lien Obligations or pursuant to which any such Lien is perfected.
Second Lien Credit Agreement means the Second Lien Credit Agreement, dated as of the Effective Date, among Holdings, the Borrowers, the lenders party thereto and Deutsche Bank AG New York Branch, as administrative agent and collateral agent.
Second Lien Notes Trustee “Second Lien Noteholder”, “High Yield Agent”, “HY Borrower”, “High Yield Creditor”, “High Yield Lender”, “Unsecured Agent”, “Unsecured Lender”, “Security Agent”, “Security Grantor”, “Senior Agent”, “Senior Arranger”, “Senior Borrower”, “Senior Creditor”, “Senior Guarantor”, “Senior Lender”, “Senior Secured Notes Guarantor”, “Senior Secured Notes Issuer”, “Senior Secured Notes Trustee”, “Senior Secured Noteholder”, “Subordinated Creditor”, “Permitted Affiliate Parent”, the “Company” or any other person shall be construed so as to include its successors in title, permitted assigns and permitted transferees and, in the case of the Security Agent, any person for the time being appointed as Security Agent or Security Agents in accordance with this Agreement;
Discharge of Second Lien Obligations means the occurrence of all of the following:
Second Lien Collateral Agent means the “Collateral Agent” as defined in the Second Lien Credit Agreement.
Second Lien With respect to each Mortgaged Property, the lien of the mortgage, deed of trust or other instrument securing a Mortgage Note which creates a second lien on the Mortgaged Property.
First Lien Collateral Documents means the “Security Documents” or “Collateral Documents” or similar term (as defined in the applicable First Lien Loan Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any First Lien Obligations or pursuant to which any such Lien is perfected.
First Lien Claims means, collectively, Claims against the Debtors arising under the Prepetition Term Loan Agreement.
Discharge of Senior Lender Claims means, except to the extent otherwise provided in the Intercreditor Agreement, payment in full in cash (except for contingent indemnities and cost and reimbursement obligations to the extent no claim has been made) of (a) all Obligations in respect of all outstanding First Priority Lien Obligations and, with respect to letters of credit or letter of credit guaranties outstanding thereunder, delivery of cash collateral or backstop letters of credit in respect thereof in compliance with the Revolving Credit Agreement, in each case after or concurrently with the termination of all commitments to extend credit thereunder and (b) any other First Priority Lien Obligations that are due and payable or otherwise accrued and owing at or prior to the time such principal and interest are paid; provided that the Discharge of Senior Lender Claims shall not be deemed to have occurred if such payments are made with the proceeds of other First Priority Lien Obligations that constitute an exchange or replacement for or a refinancing of such Obligations or First Priority Lien Obligations. In the event the First Priority Lien Obligations are modified and the Obligations are paid over time or otherwise modified pursuant to Section 1129 of the Bankruptcy Code, the First Priority Lien Obligations shall be deemed to be discharged when the final payment is made, in cash, in respect of such indebtedness and any obligations pursuant to such new indebtedness shall have been satisfied.
Permitted Second Priority Refinancing Debt secured Indebtedness incurred by the Borrower in the form of one or more series of second lien secured notes or second lien secured loans; provided that (i) such Indebtedness is secured by the Collateral on a second lien, subordinated basis to the Obligations and is not secured by any property or assets of the Borrower or any of its Subsidiaries other than the Collateral, (ii) such Indebtedness constitutes Credit Agreement Refinancing Indebtedness in respect of Term Loans, (iii) such Indebtedness does not mature or have scheduled amortization or payments of principal prior to the date that is 91 days after the Latest Maturity Date at the time such Indebtedness is incurred, (iv) the security agreements relating to such Indebtedness are substantially the same as the Security Documents (with such differences as are reasonably satisfactory to the Administrative Agent; provided that such differences are not more favorable to the investors in such secured Indebtedness), (v) such Indebtedness is not also incurred by or guaranteed by any Subsidiaries of the Borrower other than the Subsidiary Guarantors and is not incurred by or guaranteed by any other Person, (vi) an agent or representative acting on behalf of the holders of such Indebtedness (a “Second Lien Agent”) shall have become party to an intercreditor agreement in form and substance satisfactory to the Administrative Agent (the “Second Lien Intercreditor Agreement”); provided that, if such Indebtedness is the initial Permitted Second Priority Refinancing Debt incurred by the Borrower, then the Borrower, the Subsidiary Guarantors, the Administrative Agent and the Second Lien Agent for such Indebtedness shall have executed and delivered the Second Lien Intercreditor Agreement, (vii) the other terms and conditions of such secured Indebtedness are on the whole substantially identical to, or less favorable to the investors providing such secured Indebtedness, than those applicable to the Refinanced Debt (except for (x) pricing, fees, rate floors and prepayment or redemption premiums, which shall reflect market terms and conditions at the time of incurrence or issuance, (y) covenants or other provisions applicable only to periods after the date that is 91 days after the Latest Maturity Date that is in effect on the date such Indebtedness is issued, incurred or obtained and (z) differences that reflect the nature of such secured debt as fixed or floating rate securities), and (viii) a Responsible Officer shall have certified compliance with the foregoing requirements and that the incurrence of such Indebtedness complies with Section 6.2.
Performing Second Lien Bank Loans means Second Lien Bank Loans which are Performing.
Ceiling Lien City Purpose: Prod Code: Curr CLTV: Prin Maturity Cr. Cr. 2732514 CA 300 14 $240,000.00 07/06/1999 1.75 42 106990000732514 0 Xxxx Xxxxx 02 281 1 $327,000.00 01/06/1999 18.00 0 Xx Xxxxx Xxxxx 00000 2 11.25 89 $44,578.87 01/06/2024 $50,000 741 2735476 CA 300 14 $565,000.00 04/06/1999 1.25 38 106990000735476 000 Xxxxxxxx Xxxxxx 02 281 1 $1,660,000.00 01/06/1999 18.00 2 Palo Alto 94301 2 10.75 47 $71,820.86 01/06/2024 $200,000 762 2729587 MA 180 14 $164,000.00 04/11/1999 0.50 20 125990000729587 0 Xxxxxx Xxxx Xxxx 02 161 1 $253,000.00 01/11/1999 18.00 2 Groveland 01834 3 10 75 $15,451.89 01/11/2014 $25,000 770 2735668 CA 180 14 $420,000.00 07/12/1999 2.00 37 106990000735668 810 Xxxxxxxx 01 161 1 $525,000.00 01/12/1999 24.00 2 Los Angeles 90272 3 11.5 90 $10,000.00 01/12/2014 $52,500 799 2739183 CA 300 14 $240,000.00 07/15/1999 0.50 42 106990000739183 0000 Xxxxxxx Xxxx 01 281 1 $339,000.00 01/15/1999 18.00 2 Santa Xxx 92705 2 10 75 $5,665.68 01/15/2024 $14,200 696 2734046 MA 300 14 $200,000.00 04/15/1999 0.38 31 125990000734046 00 Xxx Xxxx 01 281 1 $472,500.00 01/15/1999 18.00 2 Sherborn 01770 2 9.88 64 $18,000.00 01/15/2024 $100,000 777 2734010 NJ 300 14 $157,000.00 07/18/1999 0.50 31 134990000734010 00 Xxxxxx Xxxx Xxxx 00 000 0 $220,000.00 01/18/1999 18.00 2 Marlboro 07746 2 10 80 $17,772.30 01/18/2024 $19,000 729 2748791 UT 180 14 $194,300.00 07/20/1999 1.00 45 149990000748791 6459 West 7800 South 02 161 1 $350,000.00 01/20/1999 18.00 2 West Jordan 84088 1 10.5 60 $12,500.00 01/20/2014 $12,500 656 2736627 CO 300 14 $261,000.00 04/27/1999 0.50 41 108990000736627 0000 Xxxx Xxxxxx Xxxxx 01 281 1 $350,000.00 01/27/1999 18.00 2 Lakewood 80227 2 10 80 $7,000.00 01/27/2024 $17,400 743 2736781 GA 300 14 $315,000.00 04/28/1999 2.75 38 000000000000000 0000 Xxxxxxxxx Xxxxx 01 281 1 $405,000.00 01/28/1999 18.00 2 Xxxxxxx 00000 2 12.25 90 $32,447.51 01/28/2024 $49,500 774 2736049 NH 180 14 $71,200.00 04/29/1999 1.75 31 133990000736049 0000 Xxxx Xxxxxx 02 161 1 $103,000.00 01/29/1999 24.00 2 Manchester 03103 3 11.25 90 $19,000.00 01/29/2014 $21,500 775 2745977 CA 300 14 $649,999.00 08/01/1999 0.75 45 106990000745977 0000 Xxxx Xxxxxx 02 282 1 $1,000,000.00 02/01/1999 18.00 2 Xxx Xxxxxxxxx 00000 2 10.25 79 $43,551.14 02/01/2024 $135,900 730
First Lien Credit Agreement has the meaning set forth in the Recitals to this Agreement.
Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.
Lead Securitization Controlling Class Representative means the “Controlling Class Representative” as defined in the Lead Securitization Servicing Agreement.
First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.
Non-Performing First Lien Bank Loans means First Lien Bank Loans other than Performing First Lien Bank Loans.
Senior Class Debt Parties has the meaning assigned to such term in Section 8.09.
Additional First Lien Secured Parties means the holders of any Additional First Lien Obligations and any trustee, authorized representative or agent of such Additional First Lien Obligations.
Second Lien Notes has the meaning set forth in the recitals hereto.