Third Lien Trustee definition
Examples of Third Lien Trustee in a sentence
This Section does not apply to a suit by wither Third Lien Trustee, a suit by a Holder pursuant to Section 6.07 or a suit by Holders of more than 10.0% in outstanding principal amount of the New Third Lien Secured Notes.
Every New Third Lien Secured Note presented or surrendered for registration of transfer, or for exchange, repurchase, redemption or conversion, as applicable, shall (if so required by the Company or the Third Lien Trustee) be duly endorsed, or be accompanied by a written instrument of transfer in form satisfactory to the Company and the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing.
The Third Lien Trustee or the applicable Paying Agent shall promptly return to the Company any money deposited with the Third Lien Trustee or the applicable Paying Agent by the Company in excess of the amounts necessary to pay the Redemption Price of, and accrued interest on, all New Third Lien Secured Notes to be redeemed.
The Third Lien Trustee may withhold from Holders of the New Third Lien Secured Notes notice of any Continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest.
The Company will commence an Asset Sale Offer with respect to Excess Proceeds within ten (10) Business Days after the date that Excess Proceeds exceed $93,750,000 by transmitting electronically or by mailing to the Holders the notice required pursuant to the terms of the Third Lien Indenture, with a copy to the Third Lien Trustee or otherwise in accordance with the Applicable Procedures.
Any endorsement of a Global Note to reflect the amount of any increase or decrease in the aggregate principal amount of outstanding New Third Lien Secured Notes represented thereby shall be made by the Third Lien Trustee in accordance with instructions given by the Holder thereof as required by Section 2.07 hereof.
Service of any process, summons, notice or document by mail to such party’s (other than the Third Lien Trustee and the Collateral Agent) address set forth above shall be effective service of process for any suit, action or other proceeding brought in any such court.
The Third Lien Trustee, in its individual or any other capacity, may make loans to, accept deposits from, and perform services for the Company or its Affiliates, and may otherwise deal with the Company or its Affiliates, as if it were not the Third Lien Trustee.
In addition, the Company shall deliver to the Third Lien Trustee, within one hundred and twenty (120) days after the end of each fiscal year ending after the Issue Date, a certificate regarding compliance with the Third Lien Indenture.
The Company, the Third Lien Trustee, the Registrar and anyone else shall have the protection of TIA § 312(c).