Applicable Second Lien Agent definition

Applicable Second Lien Agent means the Term Facility Agent until it shall have notified in writing the Applicable First Lien Agent, the RBL Facility Agent (if not acting as the Applicable First Lien Agent) and any Other First-Priority Lien Obligations Agent that another Representative has become the Applicable Authorized Representative (as defined in the Pari Passu Second-Priority Intercreditor Agreement) for the Second-Priority Lien Obligations Secured Parties, as appointed pursuant to the Pari Passu Second-Priority Intercreditor Agreement or other Second-Priority Lien Obligations Documents.
Applicable Second Lien Agent means the Second Lien Facility Agent until it shall have notified in writing the Applicable First Lien Agent, the First Lien Facility Agent (if not acting as the Applicable First Lien Agent) and any Other Second Lien Obligations Representative that another Representative has become the Applicable Second Lien Agent for the Second Lien Obligations Secured Parties pursuant to a Permitted Pari Passu Intercreditor Agreement (as defined in the Second Lien Credit Agreement) or other Second Lien Obligations Documents. As of the date hereof, CS, in its capacity as the Second Lien Facility Agent, shall act as the Applicable Second Lien Agent.
Applicable Second Lien Agent has the meaning assigned to such term in the Senior Lien Intercreditor Agreement.

Examples of Applicable Second Lien Agent in a sentence

  • This is a continuing agreement of lien subordination and the First Lien Obligations Secured Parties may continue, at any time and without notice to the Applicable Second Lien Agent, any Second Lien Obligations Representative (if different from the Applicable Second Lien Agent) or any other Second Lien Obligations Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Pledgor constituting First Lien Obligations in reliance hereon.

  • The Applicable Second Lien Agent and the relevant Second Lien Obligations Representatives may exercise rights and remedies as an unsecured creditor against the Company or any other Pledgor that has guaranteed the Second Lien Obligations in accordance with the terms of the applicable Second Lien Obligations Documents and applicable law, in each case to the extent not inconsistent with, or prohibited by, the provisions of this Agreement.

  • The Applicable First Lien Agent and each First Lien Obligations Representative (if not the Applicable First Lien Agent) are each hereby individually authorized to make any such endorsements as agent for the Applicable Second Lien Agent, any Second Lien Obligations Representative or any other Second Lien Obligations Secured Parties.

  • The Pledgors agree that, if any subsidiary shall become a Pledgor after the date hereof, it will promptly cause such subsidiary to execute and deliver an instrument in a form of the Acknowledgment and Consent attached hereto with such changes as may be reasonably acceptable to the Applicable First Lien Agent and the Applicable Second Lien Agent.

  • The Applicable First Lien Agent (or the relevant First Lien Obligations Representative) and the Applicable Second Lien Agent (or the relevant Second Lien Obligations Representative) will be named as additional insureds and/or loss payees, as applicable, under any insurance policies maintained by any Pledgor.


More Definitions of Applicable Second Lien Agent

Applicable Second Lien Agent for the Second Lien Loan Creditors (as defined in the First Lien/Second Lien Intercreditor Agreement) and to exercise such powers as are delegated to the “Authorized Representative” and the “Applicable Second Lien Agent” by the terms hereof or thereof, as applicable, including for purposes of acquiring, holding and enforcing any and all Liens on the Shared Collateral granted by any Grantor to secure any of the Second Lien Obligations, together with such powers and discretion as are reasonably incidental thereto.
Applicable Second Lien Agent in the Senior Lien Intercreditor Agreement.
Applicable Second Lien Agent means (i) the Second Lien Collateral Agent until such time as there are Other Second Lien Obligations and (ii) at any time when clause (i) does not apply, the Second Lien Controlling Collateral Agent at such time; it being understood that the Second Lien Collateral Agent shall have notified in writing the Applicable First Lien Agent, the First Lien Collateral Agent (if not acting as the Applicable First Lien Agent) and the other Second Lien Agents of any Second Lien Controlling Collateral Agent when clause (ii) applies. As of the date hereof, GE in its capacity as the Second Lien Collateral Agent, shall act as the Applicable Second Lien Agent.

Related to Applicable Second Lien Agent

  • Second Lien Agent means has the meaning assigned to the term “Administrative Agent” in the Second Lien Credit Agreement.

  • First Lien Agent has the meaning given to such term in the Intercreditor Agreement.

  • Second Lien Credit Agreement means the Second Lien Credit Agreement, dated as of the Closing Dates thereof among the Borrower, the other Credit Parties from time to time party thereto, the Second Lien Lenders and the Second Lien Administrative Agent, as the same may be amended, restated and/or modified from time to time subject to the terms thereof.

  • Second Lien Administrative Agent shall have the meaning assigned to the term “Administrative Agent” in the Second Lien Credit Agreement.

  • Term Loan Agent means “Term Loan Agent” as defined in the Intercreditor Agreement.

  • Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.

  • First Lien Credit Agreement has the meaning set forth in the recitals hereto.

  • Term Agent shall have the meaning assigned to that term in the introduction to this Agreement and shall include any successor thereto as well as any Person designated as the “Agent”, “Administrative Agent”, “Collateral Agent”, “Trustee”, “Collateral Trustee” or similar term under any Term Credit Agreement.

  • Applicable Agent means (a) with respect to a Loan or Borrowing denominated in Dollars or with respect to any payment that does not relate to any Loan or Borrowing, the Administrative Agent and (b) with respect to a Loan or Borrowing denominated in a Foreign Currency, a Swingline Foreign Currency Borrowing or Swingline Foreign Currency Loan, the Administrative Agent or an Affiliate thereof designated pursuant to Section 8.07.

  • ABL Agent means Bank of America, N.A., in its capacity as administrative agent and collateral agent under the ABL Facility Documentation, or any successor agent or under the ABL Facility Documentation.

  • First Lien Administrative Agent means the “Administrative Agent” as defined in the First Lien Credit Agreement.

  • Priority Lien Cap means, as of any date, the maximum aggregate principal amount of Indebtedness permitted to be incurred by clause (1) of the definition of Permitted Debt. For purposes of this definition, all letters of credit will be valued at the face amount thereof, whether or not drawn.

  • 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.

  • Second Priority Representative means (i) in the case of the Initial Second Priority Debt Obligations covered hereby, the Initial Second Priority Representative and (ii) in the case of any other Second Priority Debt Facility, the Second Priority Debt Parties thereunder, the trustee, administrative agent, collateral agent, security agent or similar agent under such Second Priority Debt Facility that is named as the Representative in respect of such Second Priority Debt Facility in the applicable Joinder Agreement.

  • Required Secured Parties has the meaning given to it in the Intercreditor Agreement.

  • Second Lien Collateral Agent means the “Collateral Agent” under and as defined in the Second Lien Credit Agreement.

  • First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.

  • Performing Second Lien Bank Loans means Second Lien Bank Loans which are Performing.

  • Majority Revolving Credit Facility Lenders the Majority Facility Lenders in respect of the Revolving Credit Facility.

  • Credit Agreement Secured Parties means the “Secured Parties” as defined in the Credit 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.

  • Designated Agent means any entity that performs actions or functions on behalf of the Transmission Provider, a Transmission Owner, an Eligible Customer, or the Transmission Customer required under the Tariff. Designated Entity:

  • Administrative Agent as defined in the preamble hereto.

  • DIP Agent means the administrative agent for the DIP Lenders as defined in the DIP Credit Agreement.

  • 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.

  • the Agent means the estate agency described at paragraph 5 of the Schedule;