Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (aa) issued in offerings registered under the Securities Act of 1933, as amended or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (bb) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with the Credit Agreement dated as of February 7, 2003, as amended or supplemented from time to time, among the Company, Wxxxx Fargo Bank, National Association, as Administrative Agent under the Credit Agreement, and the lenders named therein, and certain other lenders party thereto from time to time). This Section 2.7 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantors hereunder. Each Guarantor acknowledges and agrees with the Trustee and each Holder as follows:
Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (aa) issued in offerings registered under the Securities Act of 1933, as amended or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (bb) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with the Credit Agreement dated as of February 7, 2003, as amended or supplemented from time to time, among the Company, Wells Fargo Xxxx, National Association, as Administrative Agent under the Credit Agreement, and the lenders named therein, and certain other lenders party thereto from time to time). This Section 2.7 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantors hereunder. Each Guarantor acknowledges and agrees with the Trustee and each Holder as follows:
Existing Senior Obligations means all advances to, and debts, liabilities, obligations, covenants and duties of, any Grantor described in clause (a)(i) of the definition of “Obligations” in the Existing Senior Credit Agreement.
Examples of Existing Senior Obligations in a sentence
If any Existing Senior Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Grantor any amount (a “Recovery”) for any reason whatsoever, then the Existing Senior Obligations shall be reinstated to the extent of such Recovery and the Existing Senior Secured Parties shall be entitled to a reinstatement of Existing Senior Obligations with respect to all such recovered amounts.
Upon the Discharge of the Existing Senior Obligations, upon written request for the termination hereof delivered by the Borrower to the Collateral Agent, this Agreement shall terminate.
In addition, so long as the Existing Senior Obligations (as defined in the Note) remain outstanding, each successor Trustee appointed hereunder other than by reason of automatic succession in accordance with the provisions of Section 8.13 hereunder will be subject to the approval of NW Capital or any Replacement Lender.
Any Existing Senior Creditor that is not also a LIFO Lender (a "NON-PARTICIPATING SENIOR CREDITOR") shall not receive the incremental interest payable pursuant hereto from and after the Restructuring Effective Date on its portion of the Existing Senior Obligations.
Capitalized terms used herein and not otherwise defined have the respective meanings specified in (i) prior to the Discharge of Existing Senior Obligations (as defined in the Collateral Agency Agreement), the First Out Credit Agreement and (ii) following the Discharge of Existing Senior Obligations (as defined in the Collateral Agency Agreement), the 2017 Credit Agreement.
More Definitions of Existing Senior Obligations
Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (aa) issued in offerings registered under the Securities Act of 1933, as amended or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (bb) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with the Credit Agreement dated as of February 7, 2003, as amended or supplemented from time to time, among the Company, Wells Fargo Bank, National Association, as Administrative Agent under xxx Credit Agreement, and the lenders named therein, and certain other lenders party thereto from time to time). This Section
Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (a) issued in offerings registered under the Securities Act of 1933 or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (b) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture. This Section 2.8 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantor hereunder. The Guarantor acknowledges and agrees with the Trustee and each Holder as follows:
Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (a) issued in offerings registered under the Securities Act of 1933 or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (b) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with (i) the Credit Agreement dated as of the date hereof, as amended or supplemented from time to time, among the Company, Wachovia Bank, N.A., as Agent and as a Bank, and certain other Banks parties thereto from time to time and (ii) the Revolving Loan Credit Agreement dated as of the date hereof, as amended or supplemented from time to time, between the Company and Wachovia Bank, N.A.). This Section 2.7 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantors hereunder. Each Guarantor acknowledges and agrees with the Trustee and each Holder as follows:
Existing Senior Obligations means Indebtedness for Money Borrowed owed or guaranteed in connection with any public, unsecured and non-subordinated Indebtedness for Money Borrowed of the Borrower issued in offerings registered under the Securities Act of 1933 or in placements exempt from registration pursuant to Rule 144A or Regulations thereunder or otherwise, which is outstanding on the date the Banks, the Swing Line Lender and the Administrative Agent receive such Guaranty Proceeds. This Section 9 shall not apply to any payments, funds, claims or distributions received by the Administrative Agent, the Swing Line Lender or the Banks directly or indirectly from the Borrower or any other Person other than from the Guarantor hereunder. The Guarantor acknowledges and agrees with the Administrative Agent, the Swing Line Lender and the Banks as follows:
Existing Senior Obligations means Debt for borrowed money owed or guaranteed in connection with any unsecured and non-subordinated Debt for borrowed money of the Company or the Guarantor (aa) issued in offerings registered under the Securities Act of 1933, as amended or in placements exempt from registration pursuant to Rule 144A or Regulation S thereunder, or (bb) otherwise incurred, which is, in either case, outstanding on the date hereof or incurred hereafter in accordance with the Indenture (including, without limitation, the Debt of the Company incurred in connection with the Third Amended and Restated Credit Agreement dated as of September 30, 2011, as amended or supplemented from time to time, among the Company, Xxxxx Fargo Bank, National Association, as Administrative Agent under the Credit Agreement, and the lenders named therein, and certain other lenders party thereto from time to time, or any replacement facility thereof). This Section 3.7 shall not apply to any payments, funds, claims or distributions received by the Trustee or any Holder directly or indirectly from the Company or any other Person other than from the Guarantors hereunder. Each Guarantor acknowledges and agrees with the Trustee and each Holder as follows:
Existing Senior Obligations shall have the meaning specified in MRA Appendix A.
Existing Senior Obligations means an undivided 33% interest of the Existing Obligations pro rata among all Existing Lenders.