Existing Holdings definition
Examples of Existing Holdings in a sentence
Such acknowledgment has been so executed, delivered and acknowledged with respect to the Existing Holdings Senior Notes.
Other than as set forth on Schedule 3.12, all Senior Notes, Affinion Investments Notes and Existing Holdings Notes shall have been exchanged pursuant to the 2017 Exchange.
New Holdings (as defined in Amendment No. 1) shall be deemed to be a successor in interest to Existing Holdings (as defined in Amendment No. 1) and all references in this Agreement to “Holdings” (other than (a) in the preamble and (b) in the definitions of the terms “Acquisition”, “Equity Contribution”, “Fee Letter” and “Transactions”) shall be deemed to be references to New Holdings and Existing Holdings.
This Amendment may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Existing Holdings, the Borrower, the Administrative Agent and the Required Lenders.
Nothing herein shall be deemed to entitle Existing Holdings or the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
The Deep Discount Price does not apply to Existing Holdings as listed in Schedule 2 or Transfer Subscriptions as defined above.
Except as set forth below, the portion of the Revolving Loan Commitments reserved to the Existing Holdings Senior Notes Redemption Sublimit under the preceding sentence may be used solely to redeem, repurchase or otherwise repay Existing Holdings Senior Notes due 2005, and, so long as the outstanding principal amount of the Existing Holdings Senior Notes due 2005 is $75,000,000 or less, to redeem, repay or otherwise repurchase Existing Holdings Senior Notes due 2007.
Notwithstanding anything to the contrary contained in this Agreement, prior to June 30, 2004, (i) the Borrower may optionally redeem the Existing Senior Subordinated Notes in accordance with the terms thereof and (ii) Holdings may optionally redeem the Existing Holdings Discount Debentures in accordance with the terms thereof, and in each case, make all required payments to the holders thereof in accordance with such redemption.
The parties to this Agreement agree to treat the exchange of the Existing Holdings Notes for the Notes and the Financing Payment as a recapitalization within the meaning of Section 368(a)(1)(E) of the Code with the Financing Payment being subject to tax pursuant to Section 356 of the Code.
If one or more Existing Holdings Senior Notes Trustees fail to respond to such a request by Collateral Agent, Collateral Agent may rely conclusively on the records of Company for purposes of determining the outstanding principal amount of the Existing Holdings Senior Notes and/or the amount of accrued but unpaid interest thereon.