Existing Senior Claims definition

Existing Senior Claims means: (a) all claims of Existing Senior Creditors under the Existing Senior Debt Documents, including claims in respect of accrued but unpaid interest and/or fees thereunder (save for any unpaid professional advisory fees); and (b) all Accepted Claims.
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Existing Senior Claims means all claims of Existing Senior Creditors under the Existing Senior Debt Instrument(s) in respect of which they are an Existing Senior Creditor as at the record date set pursuant to the terms of the Scheme.
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Existing Senior Claims means all claims of Existing Senior Creditors under the Existing Senior Debt Documents, including claims in respect of accrued but unpaid interest and/or fees thereunder (save for any applicable unpaid Professional Advisor Fees).
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Examples of Existing Senior Claims in a sentence

  • Each Initial Lender will commit to provide its pro rata share of the Total Senior Creditor Risk Participation Amount by reference to its aggregate amount of Existing Senior Claims as at the Effective Date (the “Initial Lender Commitment”).

  • In consideration for their work in connection with the negotiation of the Restructuring, a work fee to be paid in cash to each member of the Ad Hoc Group in an amount equal to 2% of their Existing Senior Claims.

  • Each Secondary Lender shall subscribe for its Secondary Lender Commitment pursuant to a subscription letter which must be delivered to the Information Agent no later than the last day of the Subscription Period, accompanied by evidence of such Secondary Lender’s Existing Senior Claims.

  • The work fee will be paid on 30 April 2018 calculatedupon Ad Hoc Group members’ Existing Senior Claims on 16 April 2018, subject to a cap of USD2,000,000,000 on the Existing Senior Claims upon which the work fee is calculated.

  • The Commitments of any Commitment Lender may only be transferred to a third party (a Transferee) in accordance with the provisions of this Clause 4 and provided that an equivalent proportion of the Commitment Lender’s Existing Senior Claims (or in the case of Deutsche Bank, its DB Surplus Claim) (calculated, in each case, by reference to the proportion of its Commitment being transferred by such Commitment Lender) are also transferred concurrently and to the same Transferee.

  • In consideration for their work in connection with the negotiation of the proposed Restructuring, a work fee of US$36.1 million in aggregate was paid in cash to the members of the Ad Hoc Group on 29 June 2018, calculated upon the Ad Hoc Group members’ Existing Senior Claims on 16 April 2018.

  • In the case of a partial transfer of a Commitment, the relevant Existing Senior Claims held as at the date of such transfer shall be transferred proportionally to the Commitment being transferred.

Related to Existing Senior Claims

  • Senior Claims means, (a) with respect to the RBL Priority Collateral, each of the First-Priority Lien Obligations secured by such Collateral and, (b) with respect to the Term/Notes Priority Collateral, each of the Second-Priority Lien Obligations secured by such Collateral.

  • Prior Claims means the Competing Claims to which the Authority’s right to the Building Aid is subordinated by the School Financing Act.

  • Existing Senior Subordinated Notes means the 10.875% Senior Subordinated Notes Due 2009 issued by the Company pursuant to the Existing Senior Subordinated Note Indenture.

  • Senior Lender Claims means (a) the principal of all Indebtedness outstanding under one or more of the Senior Lender Documents to the extent not prohibited by the Indenture (as in effect on the date hereof), and (b) all other Obligations not constituting principal of Indebtedness of any Obligor under the Senior Lender Documents, including, without limitation, all claims under the Senior Lender Documents for interest, fees, expense reimbursements, indemnification and other similar claims. Senior Lender Claims shall include all interest accrued or accruing (or which would, absent the commencement of an Insolvency or Liquidation Proceeding, accrue) after the commencement of an Insolvency or Liquidation Proceeding in accordance with and at the rate specified in the Senior Credit Agreement whether or not the claim for such interest is allowed as a claim in such Insolvency or Liquidation Proceeding. To the extent any payment with respect to the Senior Lender Claims (whether by or on behalf of any Obligor, as proceeds of security, enforcement of any right of setoff or otherwise) is declared to be fraudulent or preferential in any respect, set aside or required to be paid to a debtor in possession, trustee, receiver or similar Person, then the obligation or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding as if such payment had not occurred. Notwithstanding anything to the contrary contained in the first sentence of this definition, any principal Indebtedness (including reimbursement obligations for drawn or undrawn letters of credit) incurred under the Senior Credit Agreement shall constitute a "Senior Lender Claim" (whether or not such Indebtedness is at any time determined not to have been permitted to be incurred under the Indenture), to the extent, after giving effect to such incurrence, the aggregate principal amount of Indebtedness outstanding under the Senior Credit Agreement does not exceed $15,000,000 (less any prior permanent reductions in the Revolving Loan Commitment).

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

  • Subordinated Claims means the aggregate amount of all claims admitted in the winding up or dissolution of the Issuer which rank, or are expressed to rank, junior to claims in respect of the Senior Non-Preferred Notes or other Senior Non-Preferred Claims, including (without limitation) claims of creditors in respect of the Subordinated Notes, and the obligations of the Issuer which constitute, or would but for any applicable limitation on the amount of such capital constitute, Tier 2 Capital, Additional Tier 1 Capital (including, without limitation, the Issuer’s permanent interest bearing shares (if any)) or CET1 Capital (including the Issuer’s core capital deferred shares (if any)); and

  • Existing Senior Notes means the Existing 2020 Senior Notes and the Existing 2021 Senior Notes, collectively.

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

  • Additional Senior Obligations means all indebtedness of the Company whether incurred on or prior to the date of this Indenture or thereafter incurred, for claims in respect of derivative products such as interest and foreign exchange rate contracts, commodity contracts and similar arrangements; provided, however, that Additional Senior Obligations does not include claims in respect of Senior Debt or Subordinated Debt or obligations which, by their terms, are expressly stated to be not superior in right of payment to the Debentures or to rank pari passu in right of payment with the Debentures. For purposes of this definition, "claim" shall have the meaning assigned thereto in Section 101(4) of the United States Bankruptcy Code of 1978, as amended.

  • Existing Security Agreement has the meaning set forth in the recitals hereto.

  • Existing Security Documents shall have the meaning assigned to such term in the recitals hereto.

  • Section 510(b) Claims means any Claim against any Debtor: (a) arising from the rescission of a purchase or sale of a Security of any Debtor or an affiliate of any Debtor; (b) for damages arising from the purchase or sale of such a Security; or (c) for reimbursement or contribution Allowed under section 502 of the Bankruptcy Code on account of such a Claim; provided that a Section 510(b) Claim shall not include any Claims subject to subordination under section 510(b) of the Bankruptcy Code arising from or related to an Interest.

  • Senior Obligations is defined in Section 5.1 of this Agreement.

  • Discharge of Senior Lender Claims means, except to the extent otherwise provided in Section 5.7 below, payment in full in cash (except for contingent indemnities and cost and reimbursement obligations to the extent no claim has been made) of (a) all Obligations in respect of all outstanding Senior Lender Claims and, with respect to letters of credit or letter of credit guaranties outstanding thereunder, delivery of cash collateral or backstop letters of credit in respect thereof in compliance with the Credit Agreement, in each case after or concurrently with the termination of all commitments to extend credit thereunder and (b) any other Senior Lender Claims that are due and payable or otherwise accrued and owing at or prior to the time such principal and interest are paid; provided that the Discharge of Senior Lender Claims shall not be deemed to have occurred if such payments are made with the proceeds of other Senior Lender Claims that constitute an exchange or replacement for or a refinancing of such Obligations or Senior Lender Claims. In the event the Senior Lender Claims are modified and the Obligations are paid over time or otherwise modified pursuant to Section 1129 of the Bankruptcy Code, the Senior Lender Claims shall be deemed to be discharged when the final payment is made, in cash, in respect of such indebtedness and any obligations pursuant to such new indebtedness shall have been satisfied.

  • Additional Senior Class Debt Parties has the meaning assigned to such term in Section 5.13.

  • Noteholder Claims means all Obligations in respect of the Notes or arising under the Noteholder Documents or any of them, including all fees and expenses of the Trustee thereunder.

  • Junior Obligations means the Junior Obligations of the Guarantor and the Junior Obligations of the Issuer;

  • Senior Higher Priority Liabilities means any obligations in respect of principal of the Issuer under any Notes and any other unsecured and unsubordinated obligations (créditos ordinarios) of the Issuer, other than the Senior Non Preferred Liabilities; and

  • Existing Obligations means the “Obligations” under and as defined in the Existing Credit Agreement.

  • Discharge of Senior Obligations means the date on which the Discharge of Credit Agreement Obligations and the Discharge of each Additional Senior Debt Facility has occurred.

  • Senior Class Debt Parties has the meaning assigned to such term in Section 8.09.

  • Prepetition means arising or accruing prior to the Petition Date.

  • Existing Senior Secured Notes means the Borrower’s $800,000,000 8.500% Senior Secured Notes due 2019, issued pursuant to the Existing Senior Secured Notes Indenture.

  • Existing Agreements has the meaning as set forth in Section 3.2 hereof.

  • Additional Senior Class Debt has the meaning assigned to such term in Section 5.13.

  • Senior Liabilities means all present and future moneys, debts and liabilities due, owing or incurred by the Obligors to any Finance Party under or in connection with any Finance Document (in each case, whether alone or jointly, or jointly and severally, with any other person, whether actually or contingently and whether as principal, surety or otherwise).