Additional Term Notes definition

Additional Term Notes first priority senior secured loans or notes and/or junior lien secured loans or notes and/or unsecured loans or notes, in each case issued pursuant to an indenture, note purchase agreement or other agreement and in lieu of the incurrence of a portion of the Incremental Tranche B Term Loans; provided that (a) such Additional Term Notes rank pari passu or junior in right of payment and (if secured) of security with the Term Loans hereunder, (b) the Additional Term Notes have a final maturity date that is on or after the then existing Latest Maturity Date with respect to the Term Loans and have a Weighted Average Life to Maturity equal to or longer than the remaining Weighted Average Life to Maturity of the then existing Term Loans (without giving effect to nominal amortization for periods where amortization has been eliminated as a result of a prepayment of the applicable Term Loans), (c) the covenants and events of default and other terms of which (other than maturity, fees, discounts, interest rate, redemption terms and redemption premiums, which shall be determined in good faith by the Borrower) shall be on market terms at the time of issuance (as determined in good faith by the Borrower) of the Additional Term Notes, (d) the obligations in respect thereof shall not be secured by liens on the assets of Holdings, the Borrower and its Restricted Subsidiaries, other than assets constituting Collateral, (e) no Restricted Subsidiary is a borrower or a guarantor with respect to such Indebtedness unless such Restricted Subsidiary is a Loan Party which shall have previously or substantially concurrently guaranteed or borrowed, as applicable, the Obligations, (f) if such Additional Term Notes are secured, all security therefor shall be granted pursuant to documentation that is not more restrictive than the Security Documents taken as a whole in any material respect (as determined by the Borrower) and the representative for such Additional Term Notes shall enter into a customary intercreditor agreement with the Administrative Agent substantially consistent with the terms set forth in the First Lien Intercreditor Agreement or the Junior Lien Intercreditor Agreement, as applicable, and (g) immediately after giving effect to the incurrence of such Additional Term Notes on a Pro Forma Basis, the Consolidated First Lien Leverage Ratio shall not be greater than 4.50 to 1.00 as of the Applicable Date of Determination; provided, that any such Indebtedness, whether secured...

Additional Term Notes is amended by (A) replacing the “and” immediately preceding each instance of “Euro Tranche B-1 Term Loans” with a comma and (B) adding, after each instance of “Euro Tranche B-1 Term Loans” therein, the following: “and Euro Tranche B-2 Term Loans”.

Additional Term Notes appearing in Section 1.01 of the Credit Agreement is hereby amended to delete the following parenthetical at the end of such definition: “(provided that, solely during the Amendment No. 7 Extension Period, Additional Term Notes may be issued or incurred only if the Amendment No. 7 Required Revolving Lenders have consented thereto in writing, provided however, no such Amendment No. 7 Required Revolving Lender consent shall be required if such First Lien Leverage Ratio (as calculated in conformity with the immediately preceding parenthetical phrase) on a Pro Forma Basis is not greater than 3.50:1.00 as of such Applicable Date of Determination)”.

Examples of Additional Term Notes in a sentence

• The Lenders acknowledge and agree (and each Lender Counterparty shall be deemed to hereby acknowledge and agree) that Collateral Agent may also act as the collateral agent for lenders under the Other Term Loans, the Other Revolving Commitments, the Term Loan Exchange Notes, the Additional Term Notes, the Unrestricted Additional Term Notes, Credit Agreement Refinancing Indebtedness and the Refinancing Notes.

• This Additional Term Note is one of the Additional Term Notes referred to in the Loan Agreement, which among other things, contains provisions for the acceleration of the maturity hereof upon the happening of certain events, for optional and mandatory prepayments of the principal hereof prior to the maturity hereof and for the amendment or waiver of certain terms and conditions therein specified.

• The Additional Term Notes shall be substantially in the form of Exhibit A-2 hereto, shall be dated the date of issuance, duly executed and delivered by the Borrower and payable to Agent, for the benefit of the Lenders.

• If any Holder fails to deliver a notice to the Administrative Agent of its election to decline receipt of its Applicable Percentage of any mandatory prepayment within the time frame specified by the Administrative Agent, such failure will be deemed to constitute an acceptance of such Holder’s Applicable Percentage of the total amount of such mandatory prepayment of Initial Term Notes and Additional Term Notes.

• The Lenders acknowledge and agree (and each Lender Counterparty shall be deemed to hereby acknowledge and agree) that Collateral Agent may also act as the collateral agent for lenders under the Other Term Loans, the Term Loan Exchange Notes, the Additional Term Notes, the Unrestricted Additional Term Notes, Credit Agreement Refinancing Indebtedness and the Refinancing Notes.

More Definitions of Additional Term Notes

Additional Term Notes means any term note made pursuant to Section 2.22, 2.23 or 9.02(c)(i).

Additional Term Notes has the meaning set forth in Section 2.1.4 hereof.

Additional Term Notes is amended by adding “and Initial Tranche B-2 Term Loans” after each time “Initial Tranche B Term Loans” appears in such definition.

Additional Term Notes means promissory notes evidencing the Additional Term Loans in substantially the form of the AXEL Notes with such modifications thereto as are appropriate to reflect the specific terms of the Additional Term Loans.

Additional Term Notes means first priority senior secured notes and/or junior lien secured notes and/or unsecured notes, in each case issued pursuant to an indenture, note purchase agreement or other agreement and in lieu of the incurrence of a portion of the Incremental Term Facility; provided that (a) such Additional Term Notes rank pari passu or junior in right of payment and (if secured) of security with the Term Loans hereunder, (b) the Additional Term Notes have a final maturity date that is on or after the then existing Latest Maturity Date with respect to the Term Loans and have a Weighted Average Life to Maturity equal to or longer than the remaining Weighted Average Life to Maturity of the then existing Term Loans (without giving effect to nominal amortization for periods where amortization has been eliminated as a result of a prepayment of the applicable Term Loans); provided

Additional Term Notes as defined in subsection 2.29.

Additional Term Notes shall in no event be deemed to constitute a commitment or agreement on the part of the Bank to make any Additional Loan or Loans.