Existing Senior Secured Notes Clause Samples

Existing Senior Secured Notes. Giving effect to the transactions which occur on the Closing Date, (a) the principal balance of the Existing Senior Secured Notes does not exceed $4,071,000, and (b) substantially all of the restrictive covenants of Borrower and its Subsidiaries in respect of the Existing Senior Secured Notes (other than the covenant to make payments in respect thereof when due and certain other minor informational covenants and the like) are no longer binding upon the Borrower (it being acknowledged that the trustee for the holders of the Existing Senior Secured Notes shall retain its security therefor until the payment in full of the remaining balance of the Existing Senior Secured Notes and all amounts accrued in respect thereof.

Existing Senior Secured Notes. At the time of consummation thereof, the Existing Senior Secured Notes Tender Offer and the Existing Senior Secured Notes Consent Solicitation shall have been consummated in accordance with the terms of the respective Documents therefor (subject to any waivers permitted under Section 4.08) and all applicable laws. At the time of consummation thereof, all consents and approvals of, and filings and registrations with, and all other actions in respect of, all governmental agencies, authorities or instrumentalities required in order to make or consummate the Existing Senior Secured Notes Tender Offer and the Existing Secured Senior Notes Consent Solicitation shall have been obtained, given, filed or taken or waived and are or will be in full force and effect (or effective judicial relief with respect thereto has been obtained). All applicable waiting periods with respect thereto have or, prior to the time when required, will have, expired without, in all such cases, any action being taken by any competent authority which 34 restrains, prevents, or imposes material adverse conditions upon the Existing Secured Senior Notes Tender Offer or the Existing Senior Secured Notes Consent Solicitation. Additionally, there shall not exist any judgment, order or injunction prohibiting or imposing material adverse conditions upon the Existing Secured Senior Notes Tender Offer or the Existing Senior Secured Notes Consent Solicitation, or the performance by the Borrower and its Subsidiaries of their obligations under the respective Documents therefore and all applicable laws.

Existing Senior Secured Notes. The Representative shall have received evidence reasonably satisfactory to it that, substantially simultaneously with the purchase of the Securities by the Initial Purchasers, the Company has issued a notice of redemption with respect to the outstanding Existing Senior Secured Notes.

Existing Senior Secured Notes. Reference is made to the Indenture dated as of May 16, 2017, as supplemented by the Supplemental Indenture No. 1 dated as of May 30, 2017 (together, the “Existing Indenture”), each among Enjoy S.A., a publicly traded stock corporation (sociedad anónima abierta) organized and existing under the laws of Chile (the “Company” or the “Issuer” or the “Debtor”), the Subsidiary Guarantors party thereto, Citibank N.A. as Trustee, and Lord Securities Corporation as Collateral Agent, relating to the Company’s 10.50% Senior Secured Notes due 2022 (the “Existing Senior Secured Notes”). [2] Capitalized terms used in this Annex N° 1 shall have the meanings assigned thereto in the Existing Indenture or the Plan (as hereinafter defined), as such Plan is proposed as of the date this Term Sheet and an amended Plan is distributed to Holders and owners of beneficial interests (the “Beneficial Owners”) in the Existing Senior Secured Notes. [3]

Existing Senior Secured Notes. 3 5.24 Issuance of the New Senior Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5.25 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Existing Senior Secured Notes. The Administrative Agent shall have received evidence satisfactory to it that, substantially concurrently with the Company’s receipt of the proceeds from the issuance of the Senior Secured Notes, (i) the Company will repay or repurchase and thereupon caused to be cancelled such aggregate principal amount of Existing Senior Secured Notes that, immediately after giving effect to such repayment or repurchase and cancellation, the aggregate outstanding principal amount of the Existing Senior Secured Notes is not more than $50,000,000 (the aggregate unpaid amount of Existing Senior Secured Notes after such repayment or repurchase and cancellation being the “Unpaid Amount”), and (ii) for any Existing Senior Secured Notes not so repaid or repurchased concurrently with the issuance of the Senior Secured Notes, the Company has deposited in trust with the trustee under the Existing Indenture, in a manner reasonably satisfactory to the Administrative Agent, an amount not less than the Unpaid Amount for purposes of the redemption on a date no more than 31 days thereafter of all such Existing Senior Secured Notes.

Existing Senior Secured Notes. The Company will not fail to repay in full or repurchase all of the Existing Senior Secured Notes within 31 days after the Closing Date.