2010 Indenture. PHI represents, warrants and covenants to the Bank that the terms and conditions of this Agreement do not violate the Indenture, dated as of September 23, 2010, by PHI, as Issuer, the Guarantors Party, as defined therein, and The Bank of New York Mellon Trust Company, N.A., as trustee, governing the senior notes issued thereunder in the aggregate principal amount of up to THREE HUNDRED MILLION and NO/100 ($300,000,000.00) DOLLARS, or any other document executed or to be executed in connection therewith, as all of the foregoing may be amended from time to time (individually and collectively, the “Indenture”).
2010 Indenture. Prior to the commencement of the Bankruptcy Cases, pursuant to the 2010 Indenture, Xxxxx’x Roadhouse issued $355.0 million in principal of 10.75% senior secured notes due 2017 (the “2010 Notes”), of which $143.936 million of principal amount remain issued and outstanding. The 2010 Notes were guaranteed by the other Existing Loan Parties and secured by liens on substantially all of the assets of the Existing Loan Parties, with certain exceptions to the extent set forth in the 2010 Indenture Documents (as defined below). All Obligations (as such term is defined in the 2010 Indenture) of the Existing Loan Parties arising under the 2010 Indenture and all other agreements, documents, notes, certificates, and instruments executed and/or delivered with, to, or in favor of the holders of the 2010 Notes (the “2010 Noteholders”), including, without limitation, mortgages, security agreements, guaranties and UCC financing statements and all other related agreements, documents, notes, certificates, and instruments executed and/or delivered in connection therewith or related thereto (as amended, modified or supplemented and in effect, collectively the “2010 Indenture Documents”), including, without limitation, all loans, advances, debts, liabilities, principal, accrued or hereafter accruing interest, fees, costs, charges, expenses (including any and all attorneys’, accountants’, appraisers’ and financial advisors’ fees and expenses that are chargeable, reimbursable or otherwise payable under the 2010 Indenture Documents) and obligations for the performance of covenants, tasks or duties, or for the payment of monetary amounts arising under the 2010 Indenture to the 2010 Trustee or 2010 Noteholders by the Existing Loan Parties, of any kind or nature, whether or not evidenced by any note, agreement or other instrument, shall hereinafter be referred to as the “2010 Note Obligations.”
