CF Debt Priority Collateral definition

CF Debt Priority Collateral has the meaning assigned to such term in the form of ABL Intercreditor Agreement attached as Exhibit E hereto.
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CF Debt Priority Collateral shall have the meaning assigned to it in the ABL/Cash Flow Intercreditor Agreement.
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CF Debt Priority Collateral and “ABL Priority Collateral” shall each have the meaning ascribed to it in that certain amended and restated intercreditor agreement (as amended or supplemented from time to time, the “Intercreditor Agreement”) dated January 30, 2015 (as amended, amended and restated or otherwise supplemented, from time to time) among the Lead Borrower, Bank of America, N.A., as collateral agent, under the Existing ABL Facility and Credit Suisse AG, as collateral agent under the Term Loan Facility. The priorities and rights of the respective security interests and liens of the Bridge Administrative Agent, the collateral agent under the Existing ABL Facility or Best Efforts ABL Facility, the collateral agent under the ABL FILO Facility, the collateral agent under the Term Loan Facility, and the collateral agent for the Senior Secured Notes, if issued, and the exercise of certain of their rights and remedies with respect thereto will be subject to the Intercreditor Agreement (and, in the case of the Senior Secured Bridge Facility, the Senior Secured Notes and any Securities, a pari passu intercreditor agreement in form usual and customary for facilities and transactions of this type) in accordance with the Bridge Documentation Principles. The Bridge Administrative Agent shall automatically release its security interest in (i) any ABL Priority Collateral upon the release of the lien of the collateral agent for the Existing ABL Facility or Best Efforts ABL Facility, as applicable, on such collateral and (ii) any CF Debt Priority Collateral upon the release of the lien of the collateral agent for the Term Loan Facility on such collateral. For the avoidance of doubt, the collateral agent for the Term Loan Facility shall initially act as bailee on behalf of the Bridge Administrative Agent for the required physical pledged collateral. Interest: Prior to the Initial Loan Maturity Date, the Initial Bridge Loans will accrue interest at a rate per annum equal to LIBOR (as defined below) for periods to be selected by Borrowers of one, two, three or six months or, with the consent of all Bridge Lenders, nine or twelve months, plus a Spread (as defined below). As used herein, the “Spread” means initially 575 basis points, which will increase by 50 basis points at the end of the first three-month period after the Closing Date and which will increase by 50 basis points at the end of each three-month period thereafter. Notwithstanding the foregoing (other than with respect to default inter...
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Examples of CF Debt Priority Collateral in a sentence

  • If any CF Debt Agent or any CF Debt Secured Party re- ceives as adequate protection a Lien on post-petition assets of the same type as the CF Debt Priority Collateral, then such post-petition assets shall also constitute CF Debt Priority Collateral to the extent of any allowed claim of the applicable CF Debt Secured Parties secured by such adequate protection Lien and shall be subject to this Agreement.

  • To the extent that an insured loss covers or constitutes both ABL Priority Collateral and CF Debt Priority Collateral, then the ABL Agent and each CF Debt Agent will work jointly and in good faith to collect, adjust or settle (subject to the rights of the Grantors under the ABL Debt Documents and the CF Debt Documents) under the relevant insurance policy.

  • Notwithstanding anything to the contrary herein or in any Secured Document, the Grantors shall not be required to act or refrain from acting (a) pursuant to this Agreement or any CF Debt Document with respect to any ABL Priority Collateral in any manner that would cause a default under any ABL Debt Document, or (b) pursuant to this Agreement or any ABL Debt Document with respect to any CF Debt Priority Collateral in any manner that would cause a default under any CF Debt Document.

  • The ABL Filo Collateral Agent shall automatically release its security interest in any CF Debt Priority Collateral upon the release of the lien of the collateral agent for the Term Loan Facility on such collateral.


More Definitions of CF Debt Priority Collateral

CF Debt Priority Collateral means (1) Equity Interests of the Borrowers and the Restricted Subsidiaries; (2) equipment; (3) real estate assets; (4) IP Collateral; (5) all General Intangibles and Investment Property that do not constitute ABL Priority Collateral; (6) documents of title related to equipment; (7) books and records, Supporting Obligations and related letters of credit, Commercial Tort Claims or other claims and causes of action, in each case, to the extent related to the foregoing; (8) substitutions, replacements, accessions, products and proceeds (including, without limitation, insurance proceeds, licenses, royalties, rents, income, payments, claims damages and proceeds of suit) of any or all of the foregoing; and (9) all other assets pledged pursuant to Future CF Debt (in each case, other than the ABL Priority Collateral). For purposes of the foregoing, all terms defined in the UCC but not otherwise defined in this Agreement shall have the same meanings herein as are assigned thereto in the UCC.
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CF Debt Priority Collateral means all present and future right, title and interest of the Grantors, whether now owned or hereafter acquired, existing or arising, and wherever located, in all: (a) Capital Stock of Subsidiaries held by the Grantors; (b) equipment; (c) Real Estate Assets; (d) Intellectual Property; (e) all general intangibles and investment property that do not constitute ABL Priority Collateral; (f) documents of title related to equipment; (g) books and records, supporting obligations and related letters of credit, commercial tort claims or other claims and causes of action, in each case, to the extent related primarily to the foregoing; (h) substitutions, replacements, accessions, products and proceeds (including, without limitation, insurance proceeds, licenses, royalties, income, payments, claims, damages and proceeds of suit) of any or all of the foregoing; and (i) all of the other assets and property of any Grantor, whether real, personal or mixed (other than ABL Priority Collateral) included in the CF Debt Collateral.
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Related to CF Debt Priority Collateral

  • Notes Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • ABL Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Term Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Second Priority Collateral means any “Collateral” as defined in any Second Priority Debt Document or any other assets of the Borrower or any other Grantor with respect to which a Lien is granted or purported to be granted pursuant to a Second Priority Collateral Document as security for any Second Priority Debt Obligation.

  • First Priority Collateral means all assets, whether now owned or hereafter acquired by the Borrower or any other Loan Party, in which a Lien is granted or purported to be granted to any First Priority Secured Party as security for any First Priority Obligation.

  • Priority Collateral means the ABL Priority Collateral or the Term Priority Collateral, as applicable.

  • Term Loan Priority Collateral as defined in the Intercreditor Agreement.

  • Second Priority Collateral Documents means the Initial Second Priority Collateral Documents and each of the collateral agreements, security agreements and other instruments and documents executed and delivered by the Borrower or any Grantor for purposes of providing collateral security for any Second Priority Debt Obligation.

  • Equity Collateral shall have the meaning set forth in Section 11.6 hereof.

  • ABL Collateral means all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted as security for any ABL Obligations.

  • First Lien Collateral Documents means the “Security Documents” or “Collateral Documents” or similar term (as defined in the applicable First Lien Loan Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any First Lien Obligations or pursuant to which any such Lien is perfected.

  • Senior Collateral Documents means the Security Agreement and the other “Collateral Documents” as defined in the Credit Agreement, the First Lien Intercreditor Agreement (upon and after the initial execution and delivery thereof by the initial parties thereto) and each of the collateral agreements, security agreements and other instruments and documents executed and delivered by the Borrower or any other Grantor for purposes of providing collateral security for any Senior Obligation.

  • Senior Collateral Agent means Citicorp USA, Inc., in its capacity as Senior Collateral Agent under the Senior Collateral Documents, and its successors.

  • Second Priority Debt means any Indebtedness of the Borrower or any other Grantor guaranteed by the Guarantors (and not guaranteed by any Subsidiary that is not a Guarantor), including the Initial Second Priority Debt, which Indebtedness and guarantees are secured by the Second Priority Collateral on a pari passu basis (but without regard to control of remedies, other than as provided by the terms of the applicable Second Priority Debt Documents) with any other Second Priority Debt Obligations and the applicable Second Priority Debt Documents which provide that such Indebtedness and guarantees are to be secured by such Second Priority Collateral on a subordinate basis to the Senior Debt Obligations (and which is not secured by Liens on any assets of the Borrower or any other Grantor other than the Second Priority Collateral or which are not included in the Senior Collateral); provided, however, that (i) such Indebtedness is permitted to be incurred, secured and guaranteed on such basis by each Senior Debt Document and Second Priority Debt Document and (ii) except in the case of the Initial Second Priority Debt hereunder, the Representative for the holders of such Indebtedness shall have become party to this Agreement pursuant to, and by satisfying the conditions set forth in, Section 8.09 hereof. Second Priority Debt shall include any Registered Equivalent Notes and Guarantees thereof by the Guarantors issued in exchange therefor.

  • Senior Collateral means any “Collateral” as defined in any Credit Agreement Loan Document or any other Senior Debt Document or any other assets of the Company or any other Grantor with respect to which a Lien is granted or purported to be granted pursuant to a Senior Collateral Document as security for any Senior Obligations.

  • Second Priority Debt Documents means the Initial Second Priority Debt Documents and, with respect to any series, issue or class of Second Priority Debt, the promissory notes, indentures, Collateral Documents or other operative agreements evidencing or governing such Indebtedness, including the Second Priority Collateral Documents.

  • Second Lien Collateral Documents means the “Security Documents” or “Collateral Documents” (as defined in the applicable Second Lien Debt Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any Second Lien Obligations or pursuant to which any such Lien is perfected.

  • Second Priority Debt Parties means the Initial Second Priority Debt Parties and, with respect to any series, issue or class of Second Priority Debt, the holders of such Indebtedness, the Representative with respect thereto, any trustee or agent therefor under any related Second Priority Debt Documents and the beneficiaries of each indemnification obligation undertaken by the Borrower or any other Grantor under any related Second Priority Debt Documents.

  • Second Priority Debt Obligations means the Initial Second Priority Debt Obligations and, with respect to any series, issue or class of Second Priority Debt, (a) all principal of, and interest (including, without limitation, any interest which accrues after the commencement of any Bankruptcy Case, whether or not allowed or allowable as a claim in any such proceeding) payable with respect to, such Second Priority Debt, (b) all other amounts payable to the related Second Priority Debt Parties under the related Second Priority Debt Documents and (c) any renewals or extensions of the foregoing.

  • ABL Collateral Documents means all “Security Documents” as defined in the Original ABL Credit Agreement, and all other security agreements, mortgages, deeds of trust and other collateral documents executed and delivered in connection with any ABL Credit Agreement, and any other agreement, document or instrument pursuant to which a Lien is granted securing any ABL Obligations or under which rights or remedies with respect to such Liens are governed, in each case as the same may be amended, supplemented, waived or modified from time to time.

  • Permitted Priority Liens means Liens permitted under any of the clauses (b), (c), (d), (e), (f) or (i) of Section 9.02.

  • First Priority Lien Obligations means (i) all Secured Bank Indebtedness, (ii) all other Obligations (not constituting Indebtedness) of the Issuer and its Restricted Subsidiaries under the agreements governing Secured Bank Indebtedness and (iii) all other Obligations of the Issuer or any of its Restricted Subsidiaries in respect of Hedging Obligations or Obligations in respect of cash management services in each case owing to a Person that is a holder of Indebtedness described in clause (i) or Obligations described in clause (ii) or an Affiliate or Representative of such holder at the time of entry into such Hedging Obligations;

  • U.S. Collateral means any and all property owned, leased or operated by a Person covered by the U.S. Collateral Documents and any and all other property of any U.S. Loan Party, now existing or hereafter acquired, that may at any time be or become subject to a security interest or Lien in favor of the Administrative Agent to secure the Secured Obligations.

  • Junior Priority Obligations means the Initial Junior Priority Obligations and any Additional Obligations constituting Junior Priority Debt.

  • UCC Collateral is defined in Section 3.03.

  • Senior Priority Obligations as defined in the Base Intercreditor Agreement.