Existing Collateral Trust Agreement definition

Existing Collateral Trust Agreement means that certain Amended and Restated Collateral Trust Agreement, dated as of November 23, 1994, by and among the Borrower, each of the Borrower Subsidiaries, the Trustee, each of the Lenders, and IBJ Schrxxxx Xxxk & Trust Company in its capacity as Stevxxx Xxxenture Trustee.
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Existing Collateral Trust Agreement means the Collateral Trust Agreement dated as of June 30, 2004, as amended, by and among CONSOL Energy, Inc., the Borrower, the subsidiaries of the Borrower which have joined such Collateral Trust Agreement, Wilmington Trust Company, a Delaware banking corporation, not in its individual capacity but solely as corporate trustee, and Xxxxx X. Xxxxxxxx, an individual residing in the State of Delaware, not in his individual capacity but solely as individual trustee, as trustees for the Secured Parties.
Sample 1
Existing Collateral Trust Agreement has the meaning set forth in the preamble. “Funded Debt” means, with respect to any specified Person, any indebtedness of such Person (excluding accrued expenses and trade payables), whether or not contingent: (1) in respect of borrowed money or advances; or (2) evidenced by loan agreements, bonds, notes, debentures or similar instruments or letters of credit (or reimbursement agreements in respect thereof), whether or not then available or drawn. For the avoidance of doubt, “Funded Debt” shall not include Hedging Obligations. “Guarantee” means a guarantee other than by endorsement of negotiable instruments for collection in the ordinary course of business, direct or indirect, in any manner, including by way of a pledge of assets or through letters of credit or reimbursement agreements in respect thereof, of all or any part of any Funded Debt (whether arising by virtue of partnership arrangements, or by agreements to keep-well, to purchase assets, goods, securities or services, to take or pay or to maintain financial statement conditions or otherwise). “Guarantor” means, with respect to any Priority Lien Obligations, each person who has Guaranteed payment of any Priority Lien Obligations and granted a Lien on any property or asset to secure Priority Lien Obligations and, with respect to any Junior Lien Obligations, each person who has Guaranteed payment of any Junior Lien Obligations and has granted a Lien on any property or assets to secure Junior Lien Obligations. “Hazardous Materials” means (a) any petroleum products or byproducts, coal ash, coal combustion by-products or waste, boiler slag, scrubber residue, flue desulfurization material, radon gas, asbestos, urea formaldehyde foam insulation, polychlorinated biphenyls, radioactive materials, radioactive waste or radioactive byproducts, chlorofluorocarbons and all other ozone-depleting substances and (b) any chemical, material, substance or waste that is prohibited, limited or regulated by or pursuant to any Environmental Law. “Hedge Agreement” means any Swap Contract; provided that the counterparty thereto has delivered a Collateral Trust Joinder in respect thereof and the other requirements of Section 4.9 have been complied with. As used herein, “Hedge Agreement” shall include both any Swap Contract constituting a “master agreement” and any related Swap Transaction; provided, however, that a Collateral Trust Joinder pursuant to Section 4.9 shall only be required once for each master agreement and sha...
Sample 1

Examples of Existing Collateral Trust Agreement in a sentence

  • DOE shall have received certified copies of the Existing Collateral Security Agreement and the Existing Collateral Trust Agreement.

  • In accordance with Section 11.1 of the Existing Collateral Trust Agreement, the Trustee shall have received a certificate executed by the president or any vice president of the Borrower to the effect that the amendments to the Existing Collateral Trust Agreement effected by this Amendment will not result in a breach of any provision or covenant contained in the Restated Credit Agreement.

  • This Agreement shall become effective upon the execution of a counterpart hereof by the Borrowers, each other Grantor under the Existing Collateral Trust Agreement, the Administrative Agent, the Trustee and the Collateral Trustee, acting as directed by an Act of Instructing Debtholders.

  • Effective on (and subject to the occurrence of ) the Amendment Effective Date, the Existing Collateral Trust Agreement is hereby amended in accordance with this Subpart 3.1. Except as so amended, and subject to the waivers contained in Subpart 3.2 hereof, the Existing Collateral Trust Agreement shall continue in full force and effect.

  • Each of the parties hereto agree that all the terms and conditions of the Existing Collateral Trust Agreement continue to remain as herein as amended, in full force and effect and that this Agreement does not constitute a novation of the obligations and agreements set forth in the Existing Collateral Trust Agreement.

  • As used in this Agreement, the terms “Agreement,” “this Agreement,” “herein,” “hereinafter,” “hereto,” “hereof,” and words of similar import shall, unless the context otherwise requires, mean, from and after the replacement of the terms of the Existing Collateral Trust Agreement by the terms of this Agreement, this Agreement.

  • In addition, each of the Lenders acknowledges the Credit Agreement Parallel Debt (as defined in each of the Existing Collateral Trust Agreement and the Collateral Trust Agreement) that has been created in the Existing Collateral Trust Agreement and the Collateral Trust Agreement in favor of the Collateral Trustee (as defined in each of the Existing Collateral Trust Agreement and the Collateral Trust Agreement).


More Definitions of Existing Collateral Trust Agreement

Existing Collateral Trust Agreement means the Amended and Restated Collateral Trust Agreement, dated as of June 30, 2010, among the Borrower, each Subsidiary Guarantor, Deutsche Bank Trust Company Americas, as collateral trustee, and the other parties thereto, as further amended, restated, amended and restated, supplemented or otherwise modified prior to the Closing Date.
Sample 1
Existing Collateral Trust Agreement has the meaning specified in the Preliminary Statements to this Agreement.
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Existing Collateral Trust Agreement shall have the meaning assigned to such term in the recitals.
Sample 1
Existing Collateral Trust Agreement means that certain Collateral Trust Agreement, dated as of December 3, 2010 (as amended, restated, amended and restated, supplemented or otherwise modified prior to the date hereof) among the Company, GAI, the Administrative Agent, the Collateral Trustee and the other parties thereto.
Sample 1

Related to Existing Collateral Trust Agreement

  • Collateral Trust Agreement means that certain Collateral Trust Agreement, dated as of the Closing Date, by and among Collateral Trustee and Lenders, as amended, restated, supplemented or otherwise modified from time to time.

  • Basic Collateral Agency Agreement means the Amended and Restated Basic Collateral Agency Agreement, dated as of March 1, 2009, among Daimler Trust, the Administrative Agent, Daimler Title Co., as collateral agent, and MBFS USA, as lender and as servicer.

  • Purchase Agreement Collateral has the meaning specified in Section 6.9 of this Agreement.

  • Credit Agreement Collateral Agent has the meaning assigned to such term in the introductory paragraph of this Agreement.

  • Collateral Agency Agreement means that certain Collateral Agency Agreement dated as of the Effective Date among the Collateral Agent, the Administrative Agent and the Term Loan Administrative Agent, as the same may be amended, restated, amended and restated, supplemented or otherwise modified or replaced from time to time.

  • Credit Agreement Collateral Documents means the Security Agreement, the other Collateral Documents (as defined in the Credit Agreement) and each other agreement entered into in favor of the Credit Agreement Collateral Agent for the purpose of securing any Credit Agreement Obligations.

  • Collateral Trustee has the meaning set forth in the preamble.

  • Second Lien Intercreditor Agreement means a “junior lien” Intercreditor Agreement, which shall be in form and substance reasonably satisfactory to the Administrative Agent, among the Administrative Agent and one or more Designated Representatives for holders of Alternative Incremental Facility Indebtedness or Permitted Junior Secured Refinancing Debt.

  • Existing Intercreditor Agreement means the existing intercreditor agreement dated 11 May 2007 (as amended by a letter dated 21 June 2007 and a further letter dated 29 June 2007, as amended and restated on 5 November 2009 and as further amended on 5 November 2010) between, inter alia, Beverage Packaging Holdings (Luxembourg) I S.A., Rank Group Holdings Limited (now Xxxxxxxx Group Holdings Limited), Beverage Packaging Holdings (Luxembourg) II S.A., Beverage Packaging Holdings (Luxembourg) III S.à x.x., Credit Suisse AG (formerly Credit Suisse) as security trustee and others.

  • Collateral Agency and Intercreditor Agreement means that certain Collateral Agency and Intercreditor Agreement, dated as of January 31, 2008 (as amended, amended and restated, supplemented or otherwise modified from time to time in compliance with the terms of this Indenture), by and among the Company, the other guarantors from time to time party thereto, the secured debt representatives and the Collateral Agent.

  • First Lien Intercreditor Agreement means an Intercreditor Agreement substantially in the form of Exhibit L among the Administrative Agent, the Collateral Agent and the representatives for purposes thereof for any other First Lien Secured Parties, with such changes thereto as may be reasonably acceptable to the Administrative Agent; provided that such changes are not materially adverse to the Lenders.

  • Security Agreement Collateral means all "Collateral" as defined in the Security Agreement.

  • Collateral Trust Joinder means (i) with respect to the provisions of this Agreement relating to any Additional Parity Lien Debt, an agreement substantially in the form of Exhibit B, and (ii) with respect to the provisions of this Agreement relating to the addition of additional Grantors, an agreement substantially in the form of Exhibit C.

  • Equal Priority Intercreditor Agreement means the Equal Priority Intercreditor Agreement substantially in the form of Exhibit G-1 among (x) the Collateral Agent and (y) one or more representatives of the holders of one or more classes of Permitted Additional Debt and/or Permitted Equal Priority Refinancing Debt, with any immaterial changes and material changes thereto in light of the prevailing market conditions, which material changes shall be posted to the Lenders not less than five Business Days before execution thereof and, if the Required Lenders shall not have objected to such changes within five Business Days after posting, then the Required Lenders shall be deemed to have agreed that the Administrative Agent’s and/or Collateral Agent’s entry into such intercreditor agreement (with such changes) is reasonable and to have consented to such intercreditor agreement (with such changes) and to the Administrative Agent’s and/or Collateral Agent’s execution thereof.

  • ABL/Term Loan Intercreditor Agreement means the Intercreditor Agreement, dated as of the Closing Date, by and among the Administrative Agent, Barclays Bank PLC, as collateral agent under the Term Loan Credit Agreement, Holdings, Borrower and the other Subsidiary Loan Parties party thereto, as amended, restated, supplemented, replaced, refinanced or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • ABL Intercreditor Agreement means the intercreditor agreement dated as of the Closing Date among the Administrative Agent, the ABL Agent and the Loan Parties, substantially in the form attached as Exhibit L hereto or any other intercreditor agreement among the ABL Agent, one or more Senior Representatives of Permitted First Priority Refinancing Debt or Permitted Junior Priority Refinancing Debt and the Administrative Agent on terms that are no less favorable in any material respect to the Secured Parties as those contained in the form attached as Exhibit L hereto.

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • Trust Collateral Agent means such successor Person.

  • Pledge Agreement Collateral means all "Collateral" as defined in the Pledge Agreement.

  • Junior Lien Intercreditor Agreement means an intercreditor agreement in form and substance reasonably satisfactory to the Administrative Agent between the Administrative Agent and one or more collateral agents or representatives for the holders of Indebtedness that is secured by a Lien on the Collateral ranking junior to the Liens of the Loan Documents.

  • Controlling Collateral Agent means (i) until the earlier of (x) the Discharge of Credit Agreement Obligations and (y) the Non-Controlling Authorized Representative Enforcement Date, the Credit Agreement Collateral Agent and (ii) from and after the earlier of (x) the Discharge of Credit Agreement Obligations and (y) the Non-Controlling Authorized Representative Enforcement Date, the Additional Collateral Agent (acting on the instructions of the Applicable Authorized Representative).

  • Liquidation Trust Agreement means the Liquidation Trust Agreement to be dated as of the Effective Date establishing the terms and conditions of the Liquidation Trust, substantially in the form attached hereto as Exhibit B.

  • Trust Agreement means this Amended and Restated Trust Agreement, as the same may be modified, amended or supplemented in accordance with the applicable provisions hereof, including all exhibits hereto, including, for all purposes of this Trust Agreement and any such modification, amendment or supplement, the provisions of the Trust Indenture Act that are deemed to be a part of and govern this Trust Agreement and any such modification, amendment or supplement, respectively.

  • Second Priority Collateral Documents means the Noteholder Collateral Documents and any other agreement, document or instrument pursuant to which a Lien is now or hereafter granted securing any Second Priority Claims or under which rights or remedies with respect to such Liens are at any time governed.

  • Liquidating Trust Agreement means an agreement evidencing the terms and provisions governing a Liquidating Trust that shall be entered into prior to the establishment of such Liquidating Trust and pursuant to which a Liquidating Trustee shall manage and administer Liquidating Trust Assets.

  • Titling Trust Agreement means the Amended and Restated Trust and Servicing Agreement, dated as of August 26, 1998, among NILT Trust, as the Grantor and the UTI Beneficiary, the Servicer, the Delaware Trustee, the Titling Trustee and the Trust Agent.