Additional Pari Passu Obligations means, with respect to any Series of Additional Pari Passu Obligations, (a) all principal of, and interest (including, without limitation, any interest which accrues after the commencement of any Bankruptcy Case, whether or not allowed or allowable as a claim in any such proceeding) payable with respect to, such Additional Pari Passu Obligations, (b) all other amounts payable to the Additional Pari Passu Secured Parties under the related Additional Pari Passu Documents and (c) any renewals or extensions of the foregoing.
Additional Pari Passu Obligations means, to the extent permitted to be incurred by the terms of the Term Credit Agreement and the IndentureABL Credit Agreement and permitted by the terms of the Term Credit Agreement and the ABL Credit Agreement to be secured by the ABL Collateral on a pari passu basis with the Liens securing the Term Loan Obligations and secured by the Canadian Pledge Collateral on a pari passu basis with the Liens securing the Term Loan Obligations (other than Term Loan Obligations in respect of any Term B-4 Loans, which will, to the extent provided herein, be senior in priority), all obligations of every nature of each NotesTerm Loan Party from time to time owed to the Additional Pari Passu Agent, the Additional Pari Passu Secured Parties or any of them, under any Additional Pari Passu Document, whether for principal, interest (including interest which, but for the filing of a petition in bankruptcy with respect to such Additional Pari Passu Secured Party, would have accrued on any Additional Pari Passu Obligation, whether or not a claim is allowed against such NotesTerm Loan Party for such interest in the related bankruptcy proceeding), payments of fees, expenses, indemnification or otherwise, and all other amounts owing or due under the terms of the Additional Pari Passu Documents, as amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time; provided that no Additional Pari Passu Obligations shall be secured by any Secured Specified Real Property.
Additional Pari Passu Obligations means Indebtedness of the Grantors issued following the date of this Agreement (together with all obligations in respect to such Indebtedness, including all principal, premium, interest, fees, attorney’s fees, costs, charges, expenses, reimbursement obligations, indemnities, guarantees, and all other amounts payable under or secured by any Additional Pari Passu Obligations Agreement (including, in each case, all amounts accruing on or after the commencement of any Insolvency Proceeding at the rate provided in the relevant Additional Pari Passu Obligations Agreement, whether or not a claim for such Post-Petition Interest is allowed or allowable in any such Insolvency Proceeding)) to the extent (a) such Indebtedness is permitted by the terms of the Revolving Credit Agreement, the Indenture and each other Additional Pari Passu Obligations Agreement then in effect to be secured by Liens on the Collateral ranking pari passu with the Liens securing the Notes Obligations, (b) the Grantors have granted Liens on the Collateral to secure such Indebtedness and the obligations in respect of such Indebtedness, and (c) the Additional Pari Passu Obligations Agent, for the holders of such Indebtedness, has (x) prior to the Discharge of Secured Notes Obligations, executed a joinder agreement to the applicable Notes Collateral Documents in the form attached thereto (or other form reasonably satisfactory to the Notes Collateral Agent) agreeing on behalf of itself and such holders to (i) be bound by the terms of this Agreement applicable to them, (ii) appoint the Notes Collateral Agent to act as their collateral agent and representative hereunder and (iii) agree to be bound by the pari passu intercreditor provisions contained in the Notes Collateral Documents entered into in connection with the Indenture (which provisions are binding on the Notes Claimholders only) or (y) from and after the Discharge of Secured Notes Obligations, either complied with clause (x) above or executed a joinder agreement to this Agreement in form and substance reasonably acceptable to the Revolving Collateral Agent and the Notes Collateral Agent.
Examples of Additional Pari Passu Obligations in a sentence
To the extent that the aggregate amount of Notes and such Permitted Additional Pari Passu Obligations tendered pursuant to an Asset Sale Offer is less than the Excess Proceeds, the Issuer may use any remaining Excess Proceeds for any purpose not otherwise prohibited by this Indenture.
If the aggregate principal amount of Notes or the Permitted Additional Pari Passu Obligations surrendered by such holders thereof exceeds the amount of Excess Proceeds, the Issuer shall select the Notes and such Permitted Additional Pari Passu Obligations to be purchased on a pro rata basis based on the accreted value or principal amount of the Notes or such Permitted Additional Pari Passu Obligations tendered.
The offer price in any Offer to Purchase will be equal to 100% of the principal amount of the Notes (and 100% of the principal amount or, if different, the accreted value of any Permitted Additional Pari Passu Obligations or Pari Passu Indebtedness) plus accrued and unpaid interest to the date of purchase, and will be payable in cash.
Limitation on Voting Rights with Respect to Notes and Permitted Additional Pari Passu Obligations of Chatham Parties.
Initial Additional Pari Passu Secured Parties, the Initial Additional Authorized Representative and (iii) in the case of any other Series of Additional Pari Passu Obligations or Additional Pari Passu Secured Parties that become subject to this Agreement after the date hereof, the Authorized Representative named for such Series in the applicable Joinder Agreement.
More Definitions of Additional Pari Passu Obligations
Additional Pari Passu Obligations means any Obligations to the Pari Passu Secured Parties of any series of Additional Pari Passu Debt, including the guarantees thereof and any other agreement or instrument granting or providing for the perfection of a Lien securing such items.
Additional Pari Passu Obligations means all advances to, and debts, liabilities, obligations, covenants and duties of, the Company or any of its Subsidiaries, whether direct or indirect (including those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising and including interest and fees that accrue after the commencement by or against the Company or any of its Subsidiaries or any Affiliate thereof of any proceeding under any bankruptcy or insolvency law naming such Person as the debtor in such proceeding, regardless of whether such interest and fees are allowed claims in such proceeding, in each case that constitutes Pari Passu Debt that has been designated as Permitted Additional Pari Passu Obligations under the Security Agreement and other applicable Security Documents.
Additional Pari Passu Obligations means Indebtedness represented by the Notes and any other Indebtedness having Pari Passu Lien Priority relative to the Notes with respect to the Collateral and that is not secured by any other assets; provided that an authorized representative of the holders of such Indebtedness shall have executed a joinder to each of the Intercreditor Agreements.
Additional Pari Passu Obligations means, to the extent permitted to be incurred by the terms of the Term Credit Agreement and the Indenture, all obligations of every nature of each Notes Party from time to time owed to the Additional Pari Passu Agent, the Additional Pari Passu Secured Parties or any of them, under any Additional Pari Passu Document, whether for principal, interest (including interest which, but for the filing of a petition in bankruptcy with respect to such Additional Pari Passu Secured Party, would have accrued on any Additional Pari Passu Obligation, whether or not a claim is allowed against such Notes Party for such interest in the related bankruptcy proceeding), payments of fees, expenses, indemnification or otherwise, and all other amounts owing or due under the terms of the Additional Pari Passu Documents, as amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time.
Additional Pari Passu Obligations means all Obligations of the Company or any of its Subsidiaries arising under, out of, or in connection with advances to, and debts, liabilities, obligations, covenants and duties of, the Company or any of its Subsidiaries, in each case that have been designated as ‘‘Additional First Lien Obligations’’ pursuant to and in accordance with the Intercreditor Agreement.
Additional Pari Passu Obligations means any obligations having Pari Passu Lien Priority relative to the Notes with respect to the Collateral and that is not secured by any other assets; provided that the trustee (or similar agent) for the holders of such obligations shall be or become a party to the Intercreditor Agreement.
Additional Pari Passu Obligations means all Obligations that have been designated as such pursuant to the Intercreditor Agreement.