Additional Term Debt definition

Additional Term Debt means any Indebtedness (other than any Indebtedness incurred or issued under a Term Credit Agreement) of any Term Credit Party that

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Additional Term Debt means any Indebtedness secured by Liens on the Collateral; provided, that (i) at the time of incurrence thereof, such Indebtedness is permitted by the ABL Documents and the Term Documents to be (x) incurred, (y) guaranteed on a senior, pari passu or junior basis with respect to the Term Obligations outstanding under the Term Loan Credit Agreement and (z) secured by Liens on the Collateral on a senior, pari passu or junior basis with the Liens on the Collateral securing the Term Obligations outstanding under the Term Loan Credit Agreement and (ii) the conditions set forth in Section 7.20 shall have been satisfied with respect to such Indebtedness and, unless the agent, trustee or other representative for the holders of such Indebtedness is already a party to this Agreement, such agent, trustee or other representative shall have become a party to this Agreement pursuant to Section 7.20.

Additional Term Debt has the meaning assigned to that term in Section 5.6.

Examples of Additional Term Debt in a sentence

The ABL Agent and the Controlling Term Agent shall each be named as additional insured or loss payee, as applicable, with respect to all insurance policies relating to the Collateral as set forth in the Term Credit Agreement, any Additional Term Debt Agreement or the ABL Credit Agreement, as applicable.
All costs and expenses incurred by the Term Agents and the ABL Agent, including, without limitation pursuant to Section 3.8(d) and Section 4.1(e) hereunder, shall be reimbursed by the Company and the Credit Parties as provided in Section 13.5 of the Term Credit Agreement (or any similar provision (including any similar provision in any Additional Term Debt Agreement)) and Section 13.5 (or any similar provision) of the ABL Credit Agreement.
To the extent permitted by the provisions of the then extant ABL Documents and Term Documents, the Borrower and each of their respective Subsidiaries may incur or issue and sell one or more series or classes of Additional Term Debt.
Notwithstanding the foregoing, any Additional Term Agent or Additional Term Representative, on behalf of itself and the Term Claimholders it represents under any Additional Term Debt Agreement, may become a party to this Agreement, without any further action by any other party hereto, upon execution and delivery by the Company and such Additional Term Agent and/or Additional Term Representative of a properly completed Additional Joinder Agreement to each Agent.
To the extent, but only to the extent, permitted by the provisions of the then extant ABL Credit Facility Documents and Term Debt Documents (or with the prior written consent of the ABL Agent and each Term Representative), the Issuer and the other Grantors may incur or issue and sell one or more series or classes of Additional Term Debt.
Notwithstanding the foregoing, any Additional Term Debt Agent, on behalf of itself and the Term Claimholders under any Additional Term Debt Agreement, may become a party to this Agreement, without any further action by any other party hereto, upon execution and delivery by Holdings and such Agent of a properly completed Additional Joinder Agreement to each Agent.
Notwithstanding the foregoing, any Additional Term Agent or Additional Term Representative, on behalf of itself and the Term Claimholders it represents under any Additional Term Debt Agreement, may become a party to this Agreement, without any further action by any other party hereto, upon execution and delivery by Holdings and such Additional Term Agent and/or Additional Term Representative of a properly completed Additional Joinder Agreement to each Agent.
The Company hereby covenants and agrees that it shall not incur, and shall procure that none of its subsidiaries will incur, any Additional Term Debt (as defined below), pursuant any new or existing facility of the Company or any of its subsidiaries, without approval of the Requisite Directors, which approval must include the affirmative vote of the director then elected by the holders of Series C1 Preferred Stock.

More Definitions of Additional Term Debt

Additional Term Debt shall have the meaning set forth in Section 11.4(b) hereof.

Additional Term Debt means indebtedness and other obligations (including, for the avoidance of doubt, Term Hedging Obligations) of the Grantors issued or incurred following the date of this Agreement to the extent (i) such indebtedness is, or other obligations are, designated in writing to each Agent as “Additional Term Debt” by the Company, (ii) such indebtedness or other obligation is not prohibited by the terms of the ABL Credit Agreement, the Indenture, any other Term Credit Facility Agreement or any other Additional Term Debt Agreement from being secured by Liens on the Collateral, (iii) if applicable, the Grantors have granted new Liens, on or about the closing date of such indebtedness or other obligations, on the Collateral to secure the obligations in respect of such indebtedness or other obligations and (iv) the Additional Term Agent (to the extent not already a party to this Agreement) and the Additional Term Representative, in each case, for the holders of such indebtedness or obligations, has entered into an Additional Joinder Agreement on behalf of the Term Claimholders under such agreement acknowledging that such holders shall be bound by the terms hereof applicable to Term Claimholders. “Additional Term Debt Agreement” means the indenture, credit agreement, ISDA agreement (including any Term Hedge Agreement) or other agreement under or by which any Additional Term Debt is incurred.

Additional Term Debt means indebtedness of the Grantors issued or incurred following the date of this Agreement to the extent (i) such indebtedness is designated in writing to each Agent as “Additional Term Debt” by Holdings, (ii) such indebtedness is not prohibited by the terms of the ABL Credit Agreement, the Indenture, any other Term Credit Facility Agreement or any other Additional Term Debt Agreement from being secured by Liens on the Collateral, (iii) if applicable, the Grantors have granted new Liens, on or about the closing date of such indebtedness, on the Collateral to secure the obligations in respect of such indebtedness and (iv) the Additional Term Debt Agent, for the holders of such indebtedness, has entered into an Additional Joinder Agreement on behalf of the Term Claimholders under such agreement acknowledging that such holders shall be bound by the terms hereof applicable to Term Claimholders.

Additional Term Debt means (a) any Incremental First Lien Term Loans (as defined in the First Lien Credit Agreement), (b) any Permitted Other First Lien Indebtedness (as defined in the First Lien Credit Agreement) which is secured by Liens on the Collateral, (c) any Incremental Second Lien Term Loans (as defined in the Second Lien Credit Agreement), (d) any Permitted Other Second Lien Indebtedness (as defined in the Second Lien Credit Agreement) which is secured by Liens on the Collateral, (e) any Indebtedness incurred pursuant to Section 7.03(t) of the ABL Credit Agreement (or any comparable basket based on incurrence conditions) which is secured by Liens on Collateral permitted by Section 7.01(ee) (or any comparable basket of the ABL Credit Agreement) and (f) any Permitted Refinancing of any other Term Debt Facility, which (in each case) shall include any Registered Equivalent Notes issued in exchange therefor and any guaranties thereof by the Grantors; provided, however, that in each case (i) such indebtedness is permitted to be incurred and, if applicable, secured and guaranteed, by each ABL Debt Document and Term Debt Document and (ii) the conditions set forth in Section 8.09(a) hereof shall have been satisfied with respect to such indebtedness and, unless the Representative for the holders of such indebtedness is already a Representative party to this Agreement, the Representative for the holders of such indebtedness shall have become party to this Agreement pursuant to Section 8.09(a) hereof. Additional Term Debt shall include any Registered Equivalent Notes and guarantees thereof by the Grantors issued in exchange therefor.

Additional Term Debt means any indebtedness (a) that is permitted to be incurred under Section of the Indenture, and (b) that is secured by Collateral pursuant to Section [ ] of the Indenture on a pari passu basis with the Collateral securing the Notes; provided that (i) it is so designated as Additional Term Debt in an Officer’s Certificate delivered to the Term Collateral Agent and the ABL Agent and (ii) an authorized representative of the holders of such indebtedness shall have executed and delivered a Joinder Agreement and an Accession Agreement.

Additional Term Debt means each additional incurrence or drawdown of Term Debt that, if incurred or drawn down, would result in aggregate principal amount outstanding under all Term Debt of the Company and its subsidiaries to be more than $35,000,000.