Senior First Out Term Loan Claims definition

Senior First Out Term Loan Claims means any Claims arising from or in connection with the Senior First Out Term Loans under the Prepetition Credit Agreement.
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Examples of Senior First Out Term Loan Claims in a sentence

  • Class 3 is Impaired, and holders of Senior First Out Term Loan Claims are entitled to vote to accept or reject the Plan.

  • The Prepetition Agent and the Prepetition Lenders shall not be required to file proofs of Claim on account of any Senior First Out Term Loan Claims.

  • On the Effective Date, all Prepetition Loan Deficiency Claims on account of Allowed Senior First Out Term Loan Claims, Allowed Senior Last Out Term Loan Claims, and the Holdco Loan Claims shall be waived and released and shall not participate in any distributions from the GUC Recovery Trust.

  • Here, it is abundantly clear that the voting creditors in Class 3 (Senior First Out Term Loan Claims), Class 4 (Senior Last Out Term Loan Claims), Class 5 (Holdco Loan Claims), and Class 6 (General Unsecured Claims) were given comprehensive and detailed notice of the Third Party Releases, the impact of the Third Party Releases on such holders and their rights, the opportunity and need to opt out, and their right to object to confirmation of the Plan.

  • See Disclosure Statement Motion, Exhibit C-1 (Form of Ballot For Class 3 – Senior First Out Term Loan Claims).

  • This Ballot is to be used for voting by holders of certain Claims in Class 3 – Senior First Out Term Loan Claims.

  • As set forth in the Voting Certification, each holder of a Claim in Class 3 (Senior First Out Term Loan Claims), Class 4 (Senior Last Out Term Loan Claims), Class 5 (Holdco Loan Claims), and Class 6 (General Unsecured Claims) was sent the Solicitation Package required by the Disclosure Statement Order.

  • Here, each of the impaired Classes entitled to vote on the Plan—Claims in Class 3 (Senior First Out Term Loan Claims), Class 4 (Senior Last Out Term Loan Claims), Class 5 (Holdco Loan Claims), and Class 6(General Unsecured Claims)— have voted to accept the Plan, without including the acceptance of the Plan by any insiders in such Class.

  • Assuming the Third Party Releases—which only affect the holders of Claims in Class 3 (Senior First Out Term Loan Claims), Class 4 (Senior Last Out Term Loan Claims), Class 5 (Holdco Loan Claims), and Class 6 (General Unsecured Claims) —are neither consensual nor binding by reason of section 1141(a) of the Bankruptcy Code, they nevertheless are entirely consistent with the requirements for the approval of non-consensual releases articulated by the Second Circuit.

  • Additionally, Article IV of the Plan describes the treatment for the following Impaired Classes: Class 3 (Senior First Out Term Loan Claims), Class 4 (Senior Last Out Term Loan Claims), Class 5 (Holdco Loan Claims), Class 6 (General Unsecured Claims), Class 7 (Intercompany Claims), Class 8 (Intercompany Interests), Class 9 (Parent Equity Interests), and Class 10 (Subordinated Securities Claims).

Related to Senior First Out Term Loan Claims

  • Term Loan Claims means any Claim on account of, arising under, derived from, or based upon the Term Loan Documents, including Claims for all principal amounts outstanding, interest, fees, expenses, costs, and other charges arising thereunder or related thereto.

  • New Term Loan Facility means the facility providing for the Borrowing of New Term Loans.

  • Initial Term Loan Facility means the Initial Term Loan Commitments and the provisions herein related to the Initial Term Loans.

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

  • First Lien Term Loans means the “Term Loans” (or any comparable term) as defined in the First Lien Credit Agreement.

  • Existing Term Loan Facility means that certain Term Loan Credit Agreement, dated as of September 7, 2018, by and among the ProFrac Services LLC, as the borrower thereunder, Holdings, the guarantors party thereto, the lenders party thereto and Barclays Bank PLC, as the administrative agent and collateral agent (as amended, amended and restated, supplemented and otherwise modified from time to time, and together with the guarantee and security documentation executed in connection therewith).

  • Senior Priority Obligations means the Original First Lien Obligations and any Additional Obligations constituting Senior Priority Debt.

  • Unsecured Longer-Term Indebtedness means any Indebtedness for borrowed money of an Obligor that (a) has no amortization, or mandatory redemption, repurchase or prepayment prior to, and a final maturity date not earlier than, six months after the Maturity Date (it being understood that customary put rights or repurchase or redemption obligations (x) in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or (y) arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be “amortization”, “mandatory redemption”, “repurchase”, “prepayment” or a “final maturity date” for purposes of this definition), (b) is incurred pursuant to documentation containing financial covenants, covenants governing the borrowing base, if any, and portfolio valuation, and events of default that are no more restrictive than those set forth in this Agreement, and other terms substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as reasonably determined in good faith by the Borrower (it being understood that customary put rights or repurchase or redemption obligations (x) in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or (y) arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be more restrictive for purposes of this definition), and (c) is not secured by any assets of any Obligor. For the avoidance of doubt, (a) Unsecured Longer-Term Indebtedness shall also include any refinancing, refunding, renewal or extension of any Unsecured Longer-Term Indebtedness so long as such refinanced, refunded, renewed or extended Indebtedness continues to satisfy the requirements of this definition and (b) any payment on account of Unsecured Longer-Term Indebtedness shall be subject to Section 6.12.

  • Term Loan Obligations means the “Obligations” as defined in the Term Loan Credit Agreement.

  • priority date means the date of the earlier application that serves as the basis for the right of priority provided for in the Paris Convention;

  • Term Loan Facility means the Term Loan Commitments and the provisions herein related to the Term Loans.

  • Specified Refinancing Term Loans means Specified Refinancing Debt constituting term loans.

  • Initial Term Loan Repayment Amount shall have the meaning provided in Section 2.5(b).

  • Maximum Term Loan Amount means Forty Million and No/100 Dollars ($40,000,000).

  • Initial Term Loan Lender means a Lender with an Initial Term Loan Commitment or an outstanding Initial Term Loan.

  • Term Loan B has the meaning set forth in Section 2.2(b).

  • Incremental Term Loan Facility has the meaning set forth in Section 2.16(a).

  • Refinancing Term Loan Commitments shall have the meaning provided in Section 2.14(h).

  • New Term Loan Repayment Amount shall have the meaning provided in Section 2.5(c).

  • Extended Term Loan Repayment Amount shall have the meaning provided in Section 2.5(c).

  • Junior Priority Obligations means the Original Second Lien Obligations and any Additional Obligations constituting Junior Priority Debt.

  • Term Loan Facilities means the Term Loan A Facility and the Term Loan B Facility.

  • Secured Longer-Term Indebtedness means, as at any date, Indebtedness for borrowed money (other than Indebtedness hereunder) of the Borrower (which may be Guaranteed by Subsidiary Guarantors) that (a) has no amortization (other than for amortization in an amount not greater than 1% of the aggregate initial principal amount of such Indebtedness per annum (or an amount in excess of 1% of the aggregate initial principal amount of such Indebtedness per annum on terms mutually agreeable to the Borrower and the Required Lenders)) or mandatory redemption, repurchase or prepayment prior to, and a final maturity date not earlier than, six months after the Maturity Date; (b) is incurred pursuant to documentation containing (i) financial covenants, covenants governing the borrowing base, if any, covenants regarding portfolio valuations, and events of default that are no more restrictive in any respect than those set forth in this Agreement (other than, if such Indebtedness is governed by a customary indenture or similar instrument, events of default that are customary in indentures or similar instruments and that have no analogous provisions in this Agreement or credit agreements generally) (provided that, upon the Borrower’s request, this Agreement will be deemed to be automatically amended (and, upon the request of the Administrative Agent or the Required Lenders, the Borrower and the Lenders shall enter into a document evidencing such amendment), mutatis mutandis, to make such covenants more restrictive in this Agreement as may be necessary to meet the requirements of this clause (b)(i)) and (ii) other terms (other than interest and any commitment or related fees) that are no more restrictive in any material respect than those set forth in this Agreement; and (c) ranks pari passu with the obligations under this Agreement and is not secured by any assets of any Person other than any assets of any Obligor pursuant to the Security Documents and the holders of which, or the agent, trustee or representative of such holders on behalf of and for the benefit of such holders, have agreed to be bound by the provisions of the Security Documents in a manner reasonably satisfactory to the Administrative Agent and the Collateral Agent. For the avoidance of doubt, (a) Secured Longer-Term Indebtedness shall also include any refinancing, refunding, renewal or extension of any Secured Longer-Term Indebtedness so long as such refinanced, refunded, renewed or extended Indebtedness continues to satisfy the requirements of this definition and (b) any payment on account of Secured Longer-Term Indebtedness shall be subject to Section 6.12.

  • Existing Term Loan Credit Agreement means that certain Term Loan Credit Agreement, dated as of August 24, 2017, among the Borrower, the lenders from time to time party thereto and Sumitomo Mitsui Banking Corporation, as administrative agent (as amended, restated, supplemented or otherwise modified prior to the Effective Date).

  • Unsecured Shorter-Term Indebtedness means, collectively, (a) any Indebtedness of the Borrower or any Subsidiary that is not secured by any assets of any Obligor and that does not constitute Unsecured Longer-Term Indebtedness and (b) any Indebtedness that is designated as “Unsecured Shorter-Term Indebtedness” pursuant to Section 6.11(a).