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Existing Senior Creditors definition

Existing Senior Creditors means the Existing Notes Creditors and the Existing RCF Lenders.
Existing Senior Creditors who participate in the Facility (the "Risk Participants") will sub- participate in the participations of the Prime Broker Participants through sub-participations (each a "Sub-Participation"). Each member of the TradingCo Group will provide a counter-indemnity to: (1) the Participants in respect of any claim made on an SBLC or cash provided by the Cash SPV (the "Participant Counter Indemnities"), and (2) the Risk Participants in respect of any claim made by a Prime Broker Participant under the Sub-Participations (the "Risk Participant Counter Indemnities"), The Trade-Specific Security, the General Security (as defined in the TFF Term Sheet1) and the Borrower Cash Collateral will secure the obligations of the TradingCo Group under or in respect of (1) the Trade Finance Facility, (2) the Hedging Support Facility, (3) the Participant Counter Indemnities, (4) the Risk Participant Counter Indemnities, and (5) the TradingCo Bonds (together the "TradingCo Liabilities"). Assets held by Trading Co for the benefit of Asset Co pursuant to the Business Separation will be carved out of the General Security and intercreditor arrangements with respect to those assets and any security granted over them by Trading Co will be entered into on the terms provided for in the Business Separation Term Sheets. The "instructing group" with respect to the Trade-Specific Security and the General Security will be (1) the Fronting Banks at any time while any amount payable to them is overdue or they are not cash collateralised in accordance with these terms, or (2) otherwise (a) the holders of the TradingCo Bonds or, (b) if any amount is unpaid under the Participations, the Majority Participants. The other creditors with respect to the TradingCo Liabilities will be subject to a standstill period of 179 days. The proceeds from the enforcement of the Trade-Specific Security and the General Security will be applied in the following order of priority:
Existing Senior Creditors means the senior creditors (which are not related parties) of:

Examples of Existing Senior Creditors in a sentence

  • As set out in the restructuring term sheet annexed to the Restructuring Support Agreement (the Restructuring Term Sheet), it is anticipated that all Existing Senior Creditors (as defined in the Restructuring Term Sheet) will have the opportunity to take exposure in relation to the Facilities.

  • Existing Senior Creditors will not participate in the Facilities directly, or be party to the Facility Agreement, but each Existing Senior Creditor will indirectly participate through a Participant which it selects and which agrees to be a Participant on behalf of that Existing Senior Creditor.

  • For the avoidance of doubt, it is clarified that if any HoldCos/SPV(s) have any outstanding Permitted Other Obligor Indebtedness owed to Existing Senior Creditors, the said amounts with respect to the Issuer Loans, shall be credited to the Escrow Account in accordance with the cashflow waterfall agreed by such HoldCo(s) and/ or SPV(s) with such Existing Senior Creditors.

  • On the Restructuring Effective Date, 70% of the equity of New Noble will be held by Existing Senior Creditors (through the Senior Creditor SPV).

  • Until so delivered, such payment or distribution shall be held in trust by such Existing Senior Creditor for the benefit of all of the Existing Senior Creditors, segregated from other funds and property held by such Existing Senior Creditor.

  • For purposes hereof, an Existing Senior Creditor that is not a LIFO Lender shall nonetheless be deemed to be a "Participating Senior Creditor" if the aggregate LIFO Commitment Percentages of such Existing Senior Creditor and any of its affiliates equals the aggregate Existing Senior Creditor Percentages of such affiliated Existing Senior Creditors.


More Definitions of Existing Senior Creditors

Existing Senior Creditors the Existing Banks and the Senior Noteholders.

Related to Existing Senior Creditors

  • Senior Creditors means creditors of the Issuer: (a) who are unsubordinated creditors of the Issuer; (b) whose claims are, or are expressed to be, subordinated to the claims of unsubordinated creditors of the Issuer but not further or otherwise; or (c) whose claims are, or are expressed to be, junior to the claims of other creditors of the Issuer, whether subordinated or unsubordinated, other than those whose claims rank, or are expressed to rank, pari passu with, or junior to, the claims of the Holders in a winding-up in respect of the Securities (and, for the avoidance of doubt, Senior Creditors shall include holders of Tier 2 Capital instruments);

  • Subordinated Creditors means all creditors the indebtedness of which is subordinated, in the event of the Winding-Up of DSB, in right of payment to the claims of depositors and other unsubordinated creditors of DSB other than those whose claims rank or is expressed to rank by operation of law or contract pari passu with, or junior to, the claims of the Noteholders. For this purpose indebtedness shall include all liabilities, whether actual or contingent;

  • Senior Creditor means a holder or holders of Senior Indebtedness and includes any representative or representatives, agent or agents or trustee or trustees of any such holder or holders;

  • Senior Credit Agreement means that Credit Agreement dated as of December 1, 2006 (as amended, supplemented or otherwise modified from time to time), among the Issuer, Holdings, IV, Holdings V, Holdings III, each lender from time to time party thereto and the Administrative Agent.

  • Senior Loan Agreement means that certain Term Loan Agreement, dated as of November 19, 2020, by and among Borrower, the subsidiary guarantors from time to time party thereto, and the Senior Creditors, as amended, restated, supplemented or otherwise modified from time to time.

  • Junior Creditor means any Defaulting Bank which has not (x) fully cured each and every default on its part under the Loan Documents and (y) unconditionally tendered to the Administrative Agent such Defaulting Bank’s Pro Rata Share of all costs, expenses and disbursements required to be paid or reimbursed pursuant to the terms of the Loan Documents.

  • Second Lien Credit Agreement means the Second Lien Credit Agreement, dated as of the Original Closing Date, among Holdings, the Borrower, as borrower, the lenders party thereto and Credit Suisse AG, Cayman Islands Branch, as administrative agent, as such document may be amended, renewed, restated, supplemented or otherwise modified from time to time.

  • Secured Creditors shall have the meaning assigned that term in the respective Security Documents.

  • Senior Credit Facility shall include any agreement (i) changing the maturity of any Indebtedness Incurred thereunder or contemplated thereby, (ii) adding Subsidiaries of the Company as additional borrowers or guarantors thereunder, (iii) increasing the amount of Indebtedness Incurred thereunder or available to be borrowed thereunder or (iv) otherwise altering the terms and conditions thereof.

  • 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.

  • Lender Creditors shall have the meaning provided in the recitals of this Agreement.

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

  • Senior Bank Debt means all Obligations outstanding under or in connection with the Credit Agreement (including Guarantees of such Obligations by Subsidiaries of the Company).

  • Prepetition Credit Agreement has the meaning specified in the recitals hereto.

  • Existing Credit Agreements means, collectively, that certain (a) Amended and Restated Revolving Credit Agreement dated as of September 25, 2015 among the Borrower, Citibank, N.A., as administrative agent, and the lenders from time to time party thereto, and (b) Credit Agreement dated as of October 30, 2017 among the Target, Bank of America, N.A., as administrative agent, the guarantors party thereto and the lenders from time to time party thereto.

  • Senior Lender means each holder of a Senior Note.

  • Subordinated Creditor means any creditor of Tenant which is a party to a Subordination Agreement in favor of Landlord.

  • Existing Credit Agreement as defined in the recitals hereto.

  • Senior Lenders means each of the lenders from time to time under the Senior Credit Agreement.

  • Existing ABL Credit Agreement means that certain ABL credit agreement, dated as of April 19, 2013, among Petco Animal Supplies, Inc., the lenders party thereto, Bank of America, N.A., (as successor to Credit Suisse AG) as administrative agent, Xxxxx Fargo Bank, National Association, as collateral agent, and the subsidiaries of Petco Animal Supplies, Inc. from time to time party thereto, as amended by that certain First Amendment to the ABL Credit Agreement, dated as of November 21, 2014.

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

  • Debt Facility means any Senior Facility and any Second Priority Debt Facility.

  • Senior Credit Facilities means the Credit Facility under the Credit Agreement, dated as of March 29, 2007, by and among the Issuer, the Guarantors, the lenders party thereto in their capacities as lenders thereunder and Deutsche Bank AG New York Branch, as administrative agent, including any guarantees, collateral documents, instruments and agreements executed in connection therewith, and any amendments, supplements, modifications, extensions, renewals, restatements, refundings or refinancings thereof and any indentures or credit facilities or commercial paper facilities with banks or other institutional lenders or investors that replace, refund or refinance any part of the loans, notes, other credit facilities or commitments thereunder, including any such replacement, refunding or refinancing facility or indenture that increases the amount borrowable thereunder or alters the maturity thereof (provided that such increase in borrowings is permitted under Section 4.09 hereof).

  • 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

  • Subordinated Loan Agreement means the subordinated loan agreement dated on or about the Closing Date, as amended from time to time, and entered into by, amongst others, the Issuer, the Subordinated Lender and the Security Trustee, under which the Subordinated Lender will advance (or has advanced) the Subordinated Loan to the Issuer.

  • Intercompany Loan Agreement has the meaning set forth in the Purchase and Sale Agreement.