Second Lien Debt. As of the Closing Date, the Borrowers have delivered to Agents a complete and correct copy of the Second Lien Indebtedness Documents (including all schedules, exhibits, amendments, supplements, modifications, assignments and all other documents delivered pursuant thereto or in connection therewith).
Second Lien Debt. None of the Borrower nor any Subsidiary of the Borrower shall (a) make any optional, mandatory or scheduled payments on account of principal (whether by redemption, purchase, retirement, defeasance, set off or otherwise), interest, premiums and fees in respect of the Second Lien Debt; provided that, (i) so long as no Default, Event of Default, or Borrowing Base Deficiency shall have occurred before or after giving effect thereto, the Borrower may make regularly scheduled cash payments of interest on the Second Lien Debt due and payable in accordance with the terms of the Second Lien Credit Agreement and other Second Lien Loan Documents, (ii) so long as no Default, Event of Default, or Borrowing Base Deficiency shall have occurred before or after giving effect thereto, the Borrower may repay principal on the Second Lien Debt with the net cash proceeds of Debt issued pursuant to Section 6.1(g) within 5 Business Days after receiving such proceeds, and (iii) so long as no Default, Event of Default, or Borrowing Base Deficiency shall have occurred before or after giving effect thereto, the Borrower may prepay the Second Lien Debt in full with the net cash proceeds of other Second Lien Debt permitted under Section 6.1(h), in connection with any refinancing permitted under the terms of the Intercreditor Agreement or (b) except as otherwise permitted by the terms of the Intercreditor Agreement, amend, supplement, refinance or otherwise modify the terms of the Second Lien Debt, the Second Lien Credit Agreement or any other Second Lien Loan Document.
Second Lien Debt. (a) No Loan Party shall call, make or offer to make, or caused to be called, made or offered, any Redemption in respect of, or otherwise Redeem, Second Lien Debt or Permitted Refinancing Debt, except, so long as no Default or Event of Default exists immediately prior to or after giving effect thereto:
Second Lien Debt. No Restricted Party shall make any principal payment or prepayment on the Second Lien Debt:
Second Lien Debt. The Borrower shall receive simultaneously with the initial funding hereunder not more than $56,500,000 in gross cash proceeds from borrowings under the Second Lien Credit Agreement (or, in lieu thereof, the Borrower shall have received additional cash equity contributions (in addition to any amounts required under clause (c) below)). The terms and conditions of the Second Lien Loan Documents, shall be reasonably satisfactory in all respects to the Agents;
Second Lien Debt. As of the Closing Date, the Borrower has delivered to the Administrative Agent a complete and correct copy of the Second Lien Loan Documents (including all schedules, exhibits, amendments, supplements, modifications, assignments and all other documents delivered pursuant thereto or in connection therewith). All Obligations, including the L/C Reimbursement Obligations and the Secured Swap Obligations, constitute “Senior Indebtedness” (as such term is defined as of the Closing Date in the Intercreditor Agreement or as amended with the consent of the Borrower) entitled to the benefits of the subordination provisions contained in the Intercreditor Agreement as in effect on the Closing Date or as otherwise amended in accordance with its terms.
Second Lien Debt. (a) No Restricted Person will amend, modify or waive any provision of any Second Lien Loan Document if such amendment, modification or waiver is prohibited under the Second Lien Intercreditor Agreement.
Second Lien Debt. No Loan Party shall amend, modify or waive, in any manner which is materially adverse to the Lenders, any provision of any Second Lien Loan Document without the prior written consent of the Administrative Agent.
Second Lien Debt. The transactions contemplated by the Second Lien Debt Documents have been duly and validly consummated in accordance with the terms, conditions and provisions of such documents. Each of the representations and warranties made by any of the Obligated Parties pursuant to any of the Second Lien Debt Documents is true and correct, in all material respects. None of the transactions contemplated by this Agreement, any of the other Loan Documents or any of the Second Lien Debt Documents shall result in a breach of any of the representations and warranties or other provisions contained in any of the Transaction Documents.
Second Lien Debt. The Borrower shall have delivered to the Administrative Agent true, correct and complete copies (certified to be such by the Borrower) of the Second Lien Note Agreement and each other agreement, instrument, or document executed by the Borrower, any of its Subsidiaries or any of their respective Responsible Officers at any time in connection with the Second Lien Note Agreement on or before the date hereof, the terms and conditions of which shall be satisfactory to the Administrative Agent and the Lenders.
