Second Lien Notes. The Second Lien Notes have been duly and validly authorized by the Company, and when the Second Lien Notes are executed by the Company and authenticated and delivered in exchange for the Exchanged Notes pursuant to this Agreement and the Second Lien Notes Indenture at the Closing, the Second Lien Notes will be valid and binding obligations of the Company, enforceable in accordance with their terms, subject as to enforceability to general principles of equity and to bankruptcy, insolvency, moratorium and other similar laws affecting the enforcement of creditors’ rights generally.
Second Lien Notes. Prior to or substantially simultaneously with the initial extensions of credit hereunder, Borrowers shall have received the proceeds of the Second Lien Notes in the principal amount of $300,000,000, and the Administrative Agent shall have received the Second Lien Intercreditor Agreement duly executed by all parties and copies of all final Second Lien Documents to be effective as of the Effective Date.
Second Lien Notes. The Company shall have issued and delivered the Second Lien Notes in accordance with the terms of the Second Lien Documents.
Second Lien Notes. The Borrower shall have received, concurrently with the occurrence of the Closing Date, gross proceeds in an aggregate amount of $75,000,000 from the issuance of the Second Lien Notes.
Second Lien Notes. The 10.00% second lien senior secured notes due 2025 pursuant to the 2019 Second Lien Notes Indenture.
Second Lien Notes. The Second Lien Notes shall have the terms set forth in the Second Lien Loan Agreement, and upon the exchange, the Holder shall become a party to the Second Lien Loan Agreement by execution of a joinder thereto.
Second Lien Notes. The Borrower shall have received gross proceeds from the issuance of the Second Lien Notes on the Closing Date of $150,000,000. The Administrative Agent shall have received a certified copy of the Second Lien Note Indenture and other related documents (including, without limitation, the Intercreditor Agreement), each to be in form and substance reasonably satisfactory to the Administrative Agent.
Second Lien Notes in connection with a Debt Equitization Event, exchange Second Lien Notes for Equity Interests (other than Disqualified Capital Stock) of the Borrower and with cash in an amount not to exceed $1,000,000;
Second Lien Notes. Prior to or substantially simultaneously with the initial extensions of credit hereunder, Borrowers shall have received the proceeds of the Second Lien Notes in the principal amount of $165,000,000 provided that such amount may be reduced to $155,000,000 (but not less than $155,000,000) if the amount of IPO Cash Common Equity in excess of $88,000,000 as of the Effective Date immediately prior to the closing of the X. Xxxxx Merger/Equity Transactions that is not subject to any redemption or any other restriction on its use by the Borrowers is at least $150,000,000, and the Administrative Agent shall have received the Second Lien Intercreditor Agreement duly executed by all parties and copies of all final Second Lien Notes Documents to be effective as of the Effective Date.
Second Lien Notes. Promptly, but in any event within five (5) Business Days after (i) such delivery, copies of any financial report (other than any reports that are substantially similar to those required by this Agreement) or notice required to be delivered to any holder of any Second Lien Note pursuant to the Second Lien Indenture which report or notice has not been delivered to the Lenders hereunder or (ii) receipt by the Borrower, copies of any notice of default or notice requiring repurchase, in whole or part, of any Second Lien Note under the Second Lien Indenture, sent by any holder of any Second Lien Note pursuant to the terms thereof.
