Equal Priority Secured Parties definition

Equal Priority Secured Parties means collectively, (1) the Secured Notes Secured Parties and (2) any holders of any Equal Priority Obligations and any trustee, authorized representative or agent of such Equal Priority Obligations.

Equal Priority Secured Parties means, collectively, (a) the Senior Secured Credit Facilities Secured Parties, (b) the Secured Notes Secured Parties and (c) any Additional Equal Priority Secured Parties.

Equal Priority Secured Parties collectively, (1) the 2025 Secured Notes Secured Parties, (2) the 2026 Secured Notes Secured Parties, (3) the Secured Parties and (4) any Additional Equal Priority Secured Parties.

Examples of Equal Priority Secured Parties in a sentence

• As between the Equal Priority Secured Parties, the Controlling Collateral Agent shall have the right to adjust or settle any insurance policy or claim covering or constituting Shared Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding affecting the Shared Collateral.

• If, despite the provisions of this Section 2.01(a), any Equal Priority Secured Party shall receive any payment or other recovery in excess of its portion of payments on account of the Equal Priority Obligations to which it is then entitled in accordance with this Section 2.01(a), such Equal Priority Secured Party shall hold such payment or recovery in trust for the benefit of all Equal Priority Secured Parties for distribution in accordance with this Section 2.01(a).

• The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the Equal Priority Secured Parties in relation to one another.

• This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, as well as the other Equal Priority Secured Parties, all of whom are intended to be bound by, and to be third party beneficiaries of, this Agreement.

• The Controlling Collateral Agent, the other Collateral Agents and the Equal Priority Secured Parties shall have no duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise.

• The Controlling Collateral Agent, the other Collateral Agents and the Equal Priority Secured Parties shall each, at its or their discretion, be responsible for keeping itself or themselves informed of (a) the financial condition of the Borrower and the other Grantors and all endorsers or guarantors of the Equal Priority Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Equal Priority Obligations.

• This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, whether so expressed or not, as well as the other Equal Priority Secured Parties, all of whom are intended to be bound by, and to be third party beneficiaries of, this Agreement.

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• The Controlling Collateral Agent, the other Collateral Agents and the Equal Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Issuer and the other Grantors and all endorsers or guarantors of the Equal Priority Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Equal Priority Obligations.

More Definitions of Equal Priority Secured Parties

Equal Priority Secured Parties means collectively, (1) the Secured Notes Secured Parties, (2) the Existing Notes Secured Parties, (3) the Revolving Credit Secured Parties, (4) the Letter of Credit Secured Parties, (5) the Term Loan B Secured Parties, (6) upon effectiveness of the Term Loan A Facility, the Term Loan A Secured Parties, and (7) any Additional Equal Priority Secured Parties. “Equity Interests” means Capital Stock and all warrants, options or other rights to acquire Capital Stock, but excluding any debt security that is convertible into, or exchangeable for, Capital Stock. “Equity Offering” means any public or private sale or issuance of common equity or Preferred Stock of the Issuer (excluding Disqualified Stock), other than: (1) public offerings with respect to the Issuer’s common stock registered on Form S-8; (2) issuances to any Subsidiary of the Issuer; and (3) any such public or private sale or issuance that constitutes an Excluded Contribution. “Exchange Act” means the Securities Exchange Act of 1934, as amended (with respect to the definitions of “Change of Control” and “Permitted Holders” only, as in effect on the Issue Date). “Excluded Assets” means the following: (1) any asset the grant of a security interest in which would (i) be prohibited by any enforceable anti-assignment provision set forth in any contract relating to such asset that is permitted or otherwise not prohibited by the terms of this Indenture, (ii) violate the terms of any contract relating to such asset that is permitted or otherwise not prohibited by the terms of this Indenture (in the case of clause (i) above, this clause (ii) and clause (iii) below, after giving effect to any applicable anti-assignment provision of the UCC or other applicable Requirements of Law) or (iii) trigger termination of, or a right of termination or any other modification of any rights under, any contract relating to such asset that is permitted or otherwise not prohibited by the terms of this Indenture pursuant to any “change of control” or similar provision; it being understood that (A) the term “Excluded Asset” shall not include proceeds or receivables arising out of any contract described in this clause (1) to the extent that the assignment of such proceeds or receivables is expressly deemed to be effective under the UCC or any other applicable Requirements of Law notwithstanding the relevant prohibition, violation or termination right, (B) the exclusions referenced in clauses (1)(i), (1)(ii) and (1)(iii) above sha...

Equal Priority Secured Parties collectively, (1) the 2025 Secured Notes Secured Parties, (2) the 2026 Secured Notes Secured Parties, (3) the secured parties under the Revolving Credit Agreement and (4) any Additional Equal Priority Secured Parties (including the Secured Parties and the secured parties under the LC Facility). “Equity Interests”: Capital Stock and all warrants, options or other rights to acquire Capital Stock, but excluding any debt security that is convertible into, or exchangeable for, Capital Stock. “ERISA”: the Employee Retirement Income Security Act of 1974. “EU Bail-In Legislation Schedule”: the EU Bail-In Legislation Schedule published by the Loan Market Association (or any successor Person), as in effect from time to time. “Event of Default”: any of the events or conditions specified in Section 7.1(a); provided that any requirement for the giving of notice, the lapse of time, or both, has been satisfied. “Excess Cash Flow” for any fiscal quarter of the Borrower: (a) the sum, without duplication, of the amounts for such period of (i) Consolidated Net Income, (ii) the amount of all non-cash charges (including depreciation and amortization) deducted in arriving at such Consolidated Net Income, (iii) reductions to noncash working capital of the Borrower and its Restricted Subsidiaries for such period and expenses reducing (or excluded from) the calculation of Consolidated Net Income for such period with respect to amounts deducted in any prior calculation of

Equal Priority Secured Parties collectively, (1) the 2025 Secured Notes Secured Parties, (2) the 2026 Secured Notes Secured Parties, (3) the secured parties under the Revolving Credit Agreement and (4) any Additional Equal Priority Secured Parties (including the Secured Parties, the secured parties under the LC Facility, the secured parties under the TLB Credit Agreement and the 2029 Secured Notes Secured Parties). “Equator Principles” shall mean the principles entitled “The Equator Principles – A financial industry benchmark for determining, assessing and managing environmental and social risk in projects” adopted by various financing institutions in the form dated July 2020 and available at: xxxxx://xxxxxxx- xxxxxxxxxx.xxx/xx-xxxxxxx/xxxxxxx/0000/00/Xxx-Xxxxxxx-Xxxxxxxxxx-Xxxx-0000.xxx. “Equator Principles Action Plan” means the action plan, dated May 2, 2024, approved by the Lenders prior to the Closing Date, as amended from time to time by the Environmental & Social Consultant (in consultation with the Borrower) and any replacement action plan provided in accordance with the Equator Principles.

Equal Priority Secured Parties means collectively, (1) the Senior Credit Facilities Secured Parties, (2) the Existing Secured Notes Secured Parties, (3) the Secured Notes Secured Parties and (4) any Additional Equal Priority Secured Parties. “Equity Interests” means Capital Stock and all warrants, options or other rights to acquire Capital Stock, but excluding any debt security that is convertible into, or exchangeable for, Capital Stock. “Equity Offering” means any public or private sale of common stock or Preferred Stock of Holdings or any of its direct or indirect parent companies (excluding Disqualified Stock), other than: (1) public offerings with respect to Holdings’ or any direct or indirect parent company’s common stock registered under the Securities Act on Form S-4 or Form S-8; (2) issuances to any Subsidiary of Holdings; and (3) any such public or private sale to the extent any proceeds thereof constitute an Excluded Contribution. “Euros” means the lawful currency of the Participating Member States introduced in accordance with the EMU Legislation. “Exchange Act” means the Securities Exchange Act of 1934, as amended, and the rules and regulations of the SEC promulgated thereunder. “Excluded Assets” means the following: (1) any fee-owned real property that is not a Material Real Property and all leasehold (including ground lease) interests in real property (including requirements to deliver landlord lien waivers, estoppels and collateral access letters); (2) motor vehicles and other assets subject to certificates of title; (3) letter-of-credit rights; (4) commercial tort claims with a value of less than $10,000,000 (as determined by Holdings in good faith) (except, in the case of clauses (2) through (4), to the extent a security