Additional Notes Agreement definition

Additional Notes Agreement means any credit agreement, indenture, loan agreement, note agreement, promissory note, or other agreement or instrument evidencing or governing the incurrence of additional indebtedness that is permitted to be secured by the Notes Priority Collateral on a pari passu basis with other Notes Obligations.
Sample 1
Additional Notes Agreement means (i) any replacement indenture, term loan agreement or similar agreement entered into by the Loan Parties (or any of them) to Refinance, in whole or in part, the Indebtedness outstanding under a then-extant Notes Agreement and (ii) any new indenture, term loan or similar agreement entered into by the Loan Parties (or any of them); provided that (1) the incurrence of such Indebtedness and the Liens securing same is permitted by (x) the ABL Credit Agreement Loan Documents, (y) the Term Secured Credit Documents and (z) this Agreement (including, without limitation, Section 6.2), (2) such Indebtedness is secured or purported to be secured by first priority Liens on the Term Priority Collateral and second priority Liens on the ABL Priority Collateral, (3) the ABL Borrower shall have designated such indenture, term loan agreement or similar agreement as an “Additional Notes Agreement” and the Representative of the holders of the Indebtedness under such indenture, term loan agreement or similar agreement as a “Notes Agent” by delivering a writing to such effect to each ABL Agent, each Term Loan Agent and each other Notes Agent, (4) the provisions of Section 6.2(b) of this Agreement shall have been complied with and (5) the ABL Borrower shall have delivered to each ABL Agent, each Term Loan Agent and each other Notes Agent a certificate of a Financial Officer of Holdco certifying that the preceding conditions have been satisfied. It is understood and agreed that an indenture, loan agreement or similar agreement may not be both an Additional Notes Agreement and an Additional Term Loan Agreement.
Sample 1
Additional Notes Agreement means any agreement approved for designation as such by the ABL Representative and the Notes Representative. "Ancillary Document" has the meaning set forth in Section 10.14. "Banking Services Obligations" means, with respect to any Loan Party and its subsidiaries, any obligations of such Loan Party or such subsidiary owed to any ABL Secured Party (or any of its affiliates) in respect of treasury management services (including, without limitation, controlled disbursement, automated clearinghouse transactions, return items, overdrafts and interstate depository network services), credit card services, stored valued card services or other cash management services. "Bankruptcy Code" means the United States Bankruptcy Code (11 U.S.C. §101 et seq.), as amended from time to time. "Borrower" and "Borrowers" have the meanings set forth in the first WHEREAS clause above. "Business Day" means any day that is not a Saturday, Sunday or other day on which commercial banks in New York City are authorized or required by law to remain closed. "Collateral" means, collectively, all ABL Collateral and all Notes Collateral. "Common Collateral" means all Collateral that constitutes both ABL Collateral and Notes Collateral. For the avoidance of doubt, the ABL Exclusive Collateral shall not secure any of the Notes Obligations and shall not constitute Common Collateral for purposes of this Agreement. "Comparable Security Document" means, in relation to any Senior Collateral subject to any Senior Security Document, that Junior Security Document that creates a security interest in the same Senior Collateral, granted by the same Loan Party, as applicable. "Copyright Licenses" means any and all agreements granting any right in, to or under Copyrights (whether a Loan Party is licensee or licensor thereunder). "Copyrights" means all United States, state and foreign copyrights, including but not limited to copyrights in software and databases, and all "Mask Works" (as defined under 17 U.S.C. 901 of the U.S. Copyright Act), whether registered or unregistered, now or hereafter in force, and with respect to any and all of the foregoing: (a) all registrations and applications therefor, (b) all extensions and renewals thereof, (c) all rights corresponding thereto throughout the world, (d) all rights to sue for past, present and future infringements thereof, (e) all licenses, claims, damages and proceeds of suit arising therefrom, and (f) all
Sample 1

Examples of Additional Notes Agreement in a sentence

  • SECTION 2.04 Unless otherwise specified, the Additional Notes Authorized Representative is acting hereunder in its capacity as Authorized Representative solely for the Additional Notes Secured Parties under the Additional Notes Agreement, and acknowledges that it has the authority to bind such Additional Notes Secured Parties to the terms and conditions of the Intercreditor Agreement.

  • The Additional Notes Authorized Representative represents and warrants to the Joint Collateral Agent that it has been authorized by the Additional Notes Secured Parties to execute and deliver this Agreement on their behalf, pursuant to the Additional Notes Agreement.


More Definitions of Additional Notes Agreement

Additional Notes Agreement means any credit agreement, indenture, loan agreement, note agreement, promissory note, or other agreement or instrument evidencing or governing any “Pari Passu Notes Lien Indebtedness” as defined in the Indenture and any agreement approved for designation as such by the ABL Representative and the Notes Representative.
Sample 1
Additional Notes Agreement means any agreement approved for designation as such by the Notes Representative in its sole and reasonable discretion.
Sample 1

Related to Additional Notes Agreement

  • Additional Notes means additional Notes (other than the Initial Notes) issued under this Indenture in accordance with Sections 2.02 and 4.09 hereof, as part of the same series as the Initial Notes.

  • Original Notes means the Initial Notes and any Exchange Notes issued in exchange therefor.

  • Initial Notes means the first $500,000,000 aggregate principal amount of Notes issued under this Indenture on the date hereof.

  • Initial Note Holders shall have the meaning assigned to such term in the preamble to this Agreement.

  • Initial Note means each initial Governmental Lender Note registered by the Comptroller and subsequently canceled and replaced by a definitive Governmental Lender Note pursuant to this Funding Loan Agreement.

  • 2019 Notes has the meaning set forth in the definition of “2018 Exchange Offers”.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • 2014 Notes means (i) the 4.850% Senior Secured Notes due 2024 issued by the Issuer on March 18, 2014 and (ii) the 4.45% Senior Secured Notes due 2025 and the 5.45% Senior Secured Notes due 2034 issued by the Issuer on August 21, 2014.

  • Subordinated Note Indenture means the indenture or indentures, pursuant to which the Subordinated Notes are issued, as such indenture or indentures may be amended from time to time to the extent permitted under subsection 7.12B.

  • 2028 Notes means those 6.500% Senior Notes due 2028 issued by the Borrower in an aggregate principal amount of $400,000,000 pursuant to the 2028 Notes Documents.

  • Existing Senior Secured Notes means the Borrower’s $800,000,000 8.500% Senior Secured Notes due 2019, issued pursuant to the Existing Senior Secured Notes Indenture.

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • Initial Additional Notes means Additional Notes issued in an offering not registered under the Securities Act and any Notes issued in replacement thereof, but not including any Exchange Notes issued in exchange therefor.

  • Senior Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Convertible Note Indenture means the Indenture dated as of February 21, 2014 between Emergent and the Convertible Note Trustee pursuant to which the Convertible Notes were issued.

  • Original Note shall have the meaning assigned to such term in the recitals.

  • Senior Secured Notes means $799,999,940 in aggregate principal amount of the Borrower’s 6.375% senior secured notes due 2026 issued pursuant to the Senior Secured Notes Indenture on the Closing Date.

  • 2011 Notes means those certain notes issued pursuant to the Note Purchase Agreement dated as of March 22, 2011 among the Company and the purchasers named in Schedule A thereto.

  • Senior Secured Notes Documents means the Senior Secured Notes Indenture, the Senior Secured Notes Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any supplemental indenture, any security document relating to the Senior Secured Notes and/or the Senior Secured Notes Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Senior Secured Notes Indenture means (i) the Indenture dated October 8, 2014, among the Borrowers, the guarantors party thereto and the Trustee or (ii) if Senior Secured Notes are issued pursuant to clause (ii) of the definition thereof, the loan agreement or indenture governing such Senior Secured Notes.

  • Initial Debentures means the Debentures designated as “8.0% Unsecured Convertible Debentures” and described in Section 2.5;

  • Debenture Indenture means the Indenture, dated as of December 1, 1989, between United Parcel Service of America, Inc. and Chemical Bank pursuant to which the 8-3/8% Debentures Due April 1, 2020 were issued, as in effect on the date of this Agreement (without giving effect to any amendment, supplement or other modification thereto, any repayment or covenant defeasance thereunder or any termination thereof), a copy of which is attached as Exhibit F hereto.

  • Series C Notes is defined in Section 1.

  • Initial Note Holder means each of the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3-1 Holder, the Initial Note A-3-2 Holder, the Initial Note A-4 Holder, the Initial Note A-5-1 Holder, the Initial Note A-5-2 Holder, the Initial Note A-6 Holder and the Initial Note A-7 Holder.