Additional First Lien Indebtedness means any Additional Notes and any additional Debt that is secured by Liens on the Collateral that are pari passu with the Liens securing the Notes and is permitted to be incurred pursuant to Section 3.03; provided that, with respect to such additional Debt (i) the representative of such additional Debt executes a joinder agreement to the applicable collateral documents in respect of the Notes, in each case in the form attached thereto, agreeing to be bound thereby and (ii) the Company has designated such additional Debt as “Additional First Lien Indebtedness” thereunder.
Additional First Lien Indebtedness means Permitted First Lien Ratio Debt, Permitted First Priority Refinancing Notes, Incremental Equivalent First Lien Debt and any other Indebtedness permitted under Section 7.03 that is, or is purported to be, secured by Liens permitted under Section 7.01 on the Collateral on a pari passu basis (but without regard to the control of remedies) with Liens on the Collateral securing the First Lien Obligations under this Agreement, and Permitted Refinancings of the foregoing.
Additional First Lien Indebtedness as of any date of determination, principal amount of Indebtedness (other than Indebtedness described in clauses (a) through (r) (inclusive) of the definition of “Permitted Indebtedness”) in excess of $6,000,000,000 secured on a first priority basis by the Collateral or the Canadian Collateral or any portion of either of the foregoing (including, without limitation, Structured Financing), provided that, (i) on the date such Indebtedness is incurred, the Consolidated Leverage Ratio shall be less than 3.00 to 1.00 after giving pro forma effect to the incurrence of such Indebtedness, (ii) a portion of the Net Cash Proceeds of such Indebtedness (other than revolving credit loans) are used to prepay the Loans in accordance with Section 2.5(a), (iii) the aggregate amount of commitments under revolving credit facilities, if any, together with any revolving credit facilities constituting Excluded First Lien Indebtedness, shall not exceed $4,000,000,000, (iv) with respect to any revolving credit facility, the amount of Indebtedness thereunder for the purpose of determining compliance with clauses (i) and (iii) of this definition shall equal the commitment thereunder and (v) the lenders party thereto (or an agent on behalf of such lenders) shall have executed and delivered an intercreditor agreement in form and substance reasonably satisfactory to the Lender which may be an amendment, restatement, modification or supplement to the Intercreditor Agreement.
Examples of Additional First Lien Indebtedness in a sentence
Claimholder without notice to or consent by the Second Lien Claimholders, provided that the aggregate principal amount of such additional protective advances and DIP Loans shall in no event exceed $75,000,000 at any time outstanding (the “Maximum Additional First Lien Indebtedness Amount”).
The aggregate amount of the First Lien Obligations shall be increased by each protective advance and any DIP Loan (“Protective/DIP Advances”) made by any First Lien Claimholder without notice to or consent by the Second Lien Claimholders, provided that the aggregate principal amount of such additional protective advances and DIP Loans shall in no event exceed $75,000,000 at any time outstanding (the “Maximum Additional First Lien Indebtedness Amount”).
More Definitions of Additional First Lien Indebtedness
Additional First Lien Indebtedness means indebtedness incurred pursuant to each Additional First-Lien Indebtedness Agreement (including any guarantees thereof by the Credit Parties) entered into by one or more Credit Parties after the date hereof which (i) requires that the obligations of the Credit Parties thereunder be secured on a pari passu basis by first-priority Lien on the Collateral and (ii) is permitted (if addressed therein, or, otherwise not prohibited) by the Financing Documents at the time such Additional First-Lien Indebtedness Agreement is entered into, to be secured by a first-priority Lien on the Collateral; provided that, with respect to each Additional First-Lien Indebtedness, the applicable Secured Debt Representative on behalf of the creditors thereto shall have executed and delivered to the Collateral Trustee an Accession Agreement in accordance with the provisions of this Agreement pursuant to which such applicable Secured Debt Representative has become a party to this Agreement and agreed (on its behalf and on behalf of the applicable secured creditors) to be bound by the obligations of a First-Lien Secured Party under the terms hereof.
Additional First Lien Indebtedness has the meaning specified in the definition of Additional First Lien Intercreditor Agreement.
Additional First Lien Indebtedness has the meaning assigned to that term in Section 5.5(b).
Additional First Lien Indebtedness throughout the Loan Agreement is deleted and replaced with “Additional Secured Indebtedness”.
Additional First Lien Indebtedness means any additional Indebtedness (1) that is permitted to be Incurred under Section 4.10(b)(1), and (2) that is secured on a pari passu (and, for the avoidance of doubt, not a junior or subordinated) basis with the Notes and the Note Guarantees by a Permitted Lien described in clause (7) or (14) of the definition of Permitted Liens; provided that in respect of each of clause (1) and (2), (i) (A) the principal amount of such Indebtedness and related Lien with such priority is also permitted under each other then existing First Lien Document and Second Lien Document at the time such principal amount of Indebtedness is incurred, and (B) such Indebtedness is so designated as Additional First Lien Indebtedness in an Officer’s Certificate delivered to the First Lien Collateral Agent and (ii) an authorized representative of the holders of such Indebtedness shall have executed and delivered a Supplement A to the Intercreditor Agreement and a First Lien Accession Agreement. Any such Indebtedness that does not meet the requirements set forth above in this definition shall not constitute Additional First Lien Indebtedness for purposes of the Intercreditor Agreement or this Indenture.
Additional First Lien Indebtedness means any Additional First Lien Notes and any additional Debt that is secured by Liens on the Collateral that are pari passu with the Liens securing the First Lien Notes (or junior to the Liens securing the First Lien Notes but senior to the Liens securing the Notes) and is permitted to be incurred pursuant to Section 3.05; provided that with respect to such additional Debt (i) the representative of such additional Debt executes a joinder agreement to the applicable collateral documents in respect of the First Lien Notes, in each case in the form attached thereto, agreeing to be bound thereby and (ii) the Company has designated such additional Debt as “Additional First Lien Indebtedness” thereunder.
Additional First Lien Indebtedness and replacing it with the following: