Existing Second Lien Credit Facility definition

Existing Second Lien Credit Facility means that certain Credit Agreement, dated as of November 22, 2021 (as (i) amended by that certain Amendment No. 1 to the Credit Agreement dated as of December 9, 2021, (ii) amended by that certain Amendment No. 2 to the Credit Agreement dated as of March 30, 2022, (iii) amended by that certain Amendment No. 3 to the Credit Agreement dated as of the date of this Agreement, (iv) amended by that certain Amendment No. 4 to the Credit Agreement dated as of August 10, 2022, (v) amended by that certain Amendment No. 5 to the Credit Agreement dated as of November 22, 2022, (vi) amended by that certain Amendment No. 6 to the Credit Agreement dated as of the Amendment No. 4 Effective Date and that certain Waiver to Credit Agreement dated as of the Amendment No. 4 Effective Date, (vii) modified by that certain Forbearance Agreement dated as of April 18, 2023, and (viii) further amended, restated or otherwise modified from time to time in accordance with the Intercreditor Agreement) by and among the Loan Parties party thereto, the lenders party thereto, the Existing Second Lien Collateral Agent, as collateral agent and GLAS USA LLC, as administrative agent.

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Existing Second Lien Credit Facility together with the Existing First Lien Credit Facility, the “Existing Credit Facilities”), among, inter alia, a subsidiary of the Target, as borrower, the lenders referred to therein, Credit Suisse AG, Cayman Islands Branch, as administrative agent and as collateral agent, and the other parties thereto, will be repaid in full and all commitments to extend credit thereunder will be terminated and any security interests and guarantees in connection therewith shall be terminated and/or released (the “Refinancing”).

Existing Second Lien Credit Facility the Existing Second Lien Credit Facility, together with the Existing First Lien Credit Facility, the “Existing Credit Facility”);

Examples of Existing Second Lien Credit Facility in a sentence

The Existing Second Lien Credit Facility constitutes the legal, valid and binding obligation of Holdings and its Subsidiaries enforceable against Holdings and its Subsidiaries in accordance with its terms.
Each of the applicable Loan Parties has the power and authority to incur the Indebtedness provided for under the Existing Second Lien Credit Facility and has duly authorized, executed and delivered the Existing Second Lien Credit Facility.
All Obligations, including, without limitation, those to pay principal of and interest (including post-petition interest) on the Loans and fees and expenses in connection therewith, constitute the Senior Credit Facility (as defined in the Existing Second Lien Credit Facility), and all such Obligations are entitled to the benefits of the subordination created by the Intercreditor Agreement.
Such Carve-Out Cap may be incurred on behalf of the Debtor Professionals in an amount not to exceed $2,500,000 and on behalf of any Committee Professionals in an amount not to exceed $250,000 (other than any such fees and disbursements incurred in connection with the initiation or prosecution of any claims, causes of action, adversary proceedings or other litigation against the agents or lenders under the Existing RBL Credit Facility, the Existing Second Lien Credit Facility, or the DIP Facility).
Subject to the terms of this Interim Order and the terms of the Intercreditor Agreement, the Existing Second Lien Obligations shall accrue interest under the Existing Second Lien Credit Facility on a payment-in-kind basis to the extent determined to be allowable by the Bankruptcy Court under section 506(b) of the Bankruptcy Code.

More Definitions of Existing Second Lien Credit Facility

Existing Second Lien Credit Facility shall have the meaning provided in the recitals to this Agreement.

Existing Second Lien Credit Facility and collectively with the Existing RBL Loan Documents, the “Existing Secured Loan Documents”), by and among the Borrower, Cortland Capital Market Services LLC, the agent for the Existing Second Lien Secured Parties (as defined below) (the “Existing Second Lien Agent”) and the financial institutions and other persons or entities party thereto from time to time as Lenders (in such capacities, the “Existing Second Lien Lenders” and, together with the Existing Second Lien Agent and any other party to which Existing Second Lien Obligations (as defined below) are owed, the “Existing Second Lien Secured Parties”), the Existing Second Lien Secured Parties agreed to extend loans and provide other financial accommodations to the Borrower (as defined in the Existing Second Lien Credit Agreement) pursuant to the Existing Second Lien Loan Documents. All obligations of the Debtors arising under the Existing Second Lien Credit Agreement or the other Existing Second Lien Loan Documents shall collectively be referred to herein as the “Existing Second Lien Obligations.”

Existing Second Lien Credit Facility means that certain Credit Agreement, dated as of November 22, 2021 (as (i) amended by that certain Amendment No. 1 to the Credit Agreement dated as of December 9, 2021, (ii) amended by that certain Amendment No. 2 to the Credit Agreement dated as of ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇▇▇) amended by that certain Amendment No. 3 to the Credit Agreement dated as of the date of this Agreement, (iv) amended by that certain Amendment No. 4 to the Credit Agreement dated as of August 10, 2022, (v) amended by that certain Amendment No. 5 to the Credit Agreement dated as of November 22, 2022, (vi) amended by that certain Amendment No. 6 to the Credit Agreement dated as of the Amendment No. 4 Effective Date and that certain Waiver to Credit Agreement dated as of the Amendment No. 4 Effective Date, and (vii) further amended, restated or otherwise modified from time to time in accordance with the Intercreditor Agreement) by and among the Loan Parties party thereto, the lenders party thereto, the Existing Second Lien Collateral Agent, as collateral agent and GLAS USA LLC, as administrative agent.

Existing Second Lien Credit Facility means that certain Credit Agreement, dated as of November 22, 2021 (as (w) amended by that certain Amendment No. 1 to the Credit Agreement dated as of December 9, 2021, (x) amended by that certain Amendment No. 2 to the Credit Agreement dated as of March 30, 2022, (y) amended by that certain Amendment No. 3 to the Credit Agreement dated as of the date of this Agreement and (z) further amended, restated or otherwise modified from time to time in accordance with the Intercreditor Agreement) by and among the Loan Parties party thereto, the lenders party thereto, the Existing Second Lien Collateral Agent, as collateral agent and GLAS USA LLC, as administrative agent.

Existing Second Lien Credit Facility means that certain Amended and Restated Second Lien Credit Agreement, dated as of October 5, 2007, among the Borrower, the lenders signatories thereto, Societe Generale, as Administrative Agent, and the other agents party thereto as amended and in effect as of the Closing Date.

Existing Second Lien Credit Facility means that certain Amended and Restated Second Lien Credit Agreement, dated as of August 31, 2009, among Legends

Existing Second Lien Credit Facility means that certain Credit Agreement, dated as of November 22, 2021 (as (v) amended by that certain Amendment No. 1 to the Credit Agreement dated as of December 9, 2021, (w) amended by that certain Amendment No. 2 to the Credit Agreement dated as of March 30, 2022, (x) amended by that certain Amendment No. 3 to the Credit Agreement dated as of the date of this Agreement, (y) amended by that certain Amendment No. 4 to the Credit Agreement dated as of August 10, 2022 and (z) further amended, restated or otherwise modified from time to time in accordance with the Intercreditor Agreement) by and among the Loan Parties party thereto, the lenders party thereto, the Existing Second Lien Collateral Agent, as collateral agent and GLAS USA LLC, as administrative agent.