Wells Fargo means Wells Fargo Bank, National Association.
KeyBank means KeyBank National Association.
Second Lien Bank Loan means a Bank Loan (other than a First Lien Bank Loan and a Last Out Loan) that is entitled to the benefit of a first and/or second lien and first and/or second priority perfected security interest on all or substantially all of the assets of the respective borrower and guarantors obligated in respect thereof.
Bank of America Fee Letter means the letter agreement, dated as of September 28, 2018 between the Borrower and Bank of America.
First Lien Bank Loan means a Bank Loan that is entitled to the benefit of a first lien and first priority perfected security interest (subject to Liens for “ABL” revolvers and customary encumbrances) on a substantial portion of the assets of the respective borrower and guarantors obligated in respect thereof.
Wachovia means Wachovia Bank, National Association, a national banking association, and its successors.
JPM shall have the meaning assigned to such term in the preamble to this Agreement.
Wells Fargo Bank Wells Fargo Bank, N.A., or its successor in interexx.
JPMorgan means JPMorgan Chase Bank, N.A. and its successors.
U.S. Bank means U.S. Bank National Association.
Performing Second Lien Bank Loans means Second Lien Bank Loans which are Performing.
Bank of America means Bank of America, N.A. and its successors.
Capital Market Indebtedness means any obligation for the payment of borrowed money which is, in the form of, or represented or evidenced by bonds, or other instruments which are, or are capable of being, listed, quoted, dealt in or traded on any stock exchange or in any organised market and any guarantee or other indemnity in respect of such obligation; and
Xxxxx Fargo Fee Letter means the letter agreement, dated June 19, 2013 among the Company, Xxxxx Fargo Bank, N.A. and Xxxxx Fargo Securities, LLC.
Capital Markets Indebtedness means any Indebtedness consisting of bonds, debentures, notes or other similar debt securities issued in (a) a public offering registered under the Securities Act, (b) a private placement to institutional investors that is resold in accordance with Rule 144A or Regulation S of the Securities Act, whether or not it includes registration rights entitling the holders of such debt securities to registration thereof with the SEC or (c) a placement to institutional investors. The term “Capital Markets Indebtedness” shall not include any Indebtedness under commercial bank facilities or similar Indebtedness, Capitalized Lease Obligation or recourse transfer of any financial asset or any other type of Indebtedness incurred in a manner not customarily viewed as a “securities offering.”
Foothill means Foothill Capital Corporation, a California corporation.
PNC Bank means PNC Bank, National Association.
Fiscal Agent Agreement As defined in Section 8.13.
Deutsche Bank means Deutsche Bank AG and its affiliated companies, as the context requires.
BMO shall have the meaning assigned to such term in the preamble to this Agreement.
GE Capital Fee Letter means that certain letter, dated as of the Closing Date, between GE Capital and Borrower with respect to certain Fees to be paid from time to time by Borrower to GE Capital.
Capital Markets Debt means any debt securities or debt financing issued pursuant to an indenture, notes purchase agreement or similar financing arrangement (but excluding any credit agreement) whether offered pursuant to a registration statement under the Securities Act or under an exemption from the registration requirements of the Securities Act.
WFF means Xxxxx Fargo Foothill, Inc., a California corporation.
Prepetition Agent means Goldman Sachs Bank USA in its capacity as administrative agent and collateral agent under the Prepetition Credit Agreement.
Credit Agreement Agent means, at any time, the Person serving at such time as the “Agent” or “Administrative Agent” under the Credit Agreement or any other representative then most recently designated in accordance with the applicable provisions of the Credit Agreement, together with its successors in such capacity.
Performing First Lien Bank Loans means First Lien Bank Loans which are Performing.