Financing Rights definition

Financing Rights means, in respect of the Security Trustee or any other Senior Creditor, all rights of which it has the benefit of pursuant to any Finance Document or any Project Document (other than any Reserved Matter (as defined in the Security Trust and Intercreditor Deed) or any right to amend the provisions of the Security Trust and Intercreditor Deed) including:
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Financing Rights are defined in Section 22.5.
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Financing Rights means, in respect of the Security Trustee or any other Senior Creditor, all rights which it has the benefit of pursuant to any Finance Document or any Project Document including:
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Examples of Financing Rights in a sentence

  • The Controlling Creditor has the exclusive right, power and authority to direct, or to refrain from directing, the Senior Creditors and the Security Trustee in the exercise of the Financing Rights subject to Reserved Matters or Entrenched Rights (as defined in the Security Trust and Intercreditor Deed) in each case without regard to the interests of any other person and the Controlling Creditor will not owe fiduciary duties to any person.

  • When exercising the Financing Rights in accordance with the instructions of the Controlling Creditor, the Security Trustee is not required to have regard to the interests of the Bondholders in relation to the exercise of such rights and has no liability to the Bondholders as a consequence of so acting.

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  • When exercising the Financing Rights in accordance with the instructions of the Controlling Creditor, the Security Trustee is not required to have regard to the interests of any Senior Creditor or other persons in relation to the exercise of such rights and has no liability to any such Senior Creditor or other person as a consequence of so exercising such rights.

  • After the occurrence of an Event of Default, the Lender and any Assignee may transfer its Financing Rights without any restriction.

  • When exercising the Financing Rights in accordance with the instructions of the Majority Creditor(s), neither the Bond Trustee nor the Security Trustee is required to have regard to the interests of the Bondholders in relation to the exercise of such rights and neither has any liability to the Bondholders as a consequence of so acting.

  • The Lender will hold such re-assigned Financing Rights under a consortium agreement (Konsortialvertrag – the “Consortium Agreement”) in trust for the Assignees party to the Consortium Agreement (such Assignees which are party to the Consortium Agreement, the “Beneficial Lenders”).

  • When exercising the Financing Rights, the Security Trustee and the Bond Trustee (except where the Bond Trustee is the Majority Creditor) shall not be required to have regard to the interests of the Beneficiaries in relation to the exercise of such rights and will have no liability to the Bondholders as a consequence of so acting.

  • As a consequence of this syndication structure, the Lender will continue to be the sole legal (but not beneficial) owner of the Financing Rights assigned to the Beneficial Lenders.

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More Definitions of Financing Rights

Financing Rights means, in respect of the Security Trustee or any otherSenior Creditor, all rights which it has the benefit of pursuant to any Senior Finance Document or any Project Document (other than any Reserved Matter or any right to amend the provisions of this Deed) including:-
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Financing Rights means, in respect of the Security Trustee or any Creditor, all rights which it has the benefit of pursuant to any Finance Document (other than any Reserved Right or any right to amend the provisions of the Security Trust and Intercreditor Deed) including, without limitation:
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Related to Financing Rights

  • Permitted First Priority Refinancing Debt means any secured Indebtedness incurred by the Borrower in the form of one or more series of senior secured notes or senior secured loans; provided that (i) such Indebtedness is secured by the Collateral on a pari passu basis with the Obligations and is not secured by any property or assets of Holdings and its Subsidiaries other than the Collateral, (ii) such Indebtedness constitutes Credit Agreement Refinancing Indebtedness in respect of Term Loans, (iii) such Indebtedness does not mature prior to the Maturity Date of the Refinanced Debt and such Indebtedness shall have a Weighted Average Life to Maturity that is not shorter than the Refinanced Debt, (iv) to the extent applicable, the security agreements relating to such Indebtedness are substantially the same as the Security Documents (with such differences as are reasonably satisfactory to the Administrative Agent), (v) no Restricted Subsidiary guarantees such Indebtedness unless it is a Subsidiary Guarantor (or becomes a Subsidiary Guarantor substantially concurrently with the incurrence of such Indebtedness); provided that, if, at any time, such Restricted Subsidiary ceases to be a Guarantor, it shall not guarantee such Indebtedness, (vi) the other terms and conditions of such Indebtedness (excluding pricing, fees, rate floors, premiums, optional prepayment or optional redemption provisions) reflect market terms and conditions at the time of incurrence and issuance; provided, that, to the extent such terms and documentation are not substantially identical to the Indebtedness being refinanced, (x) such terms (taken as a whole) shall be less favorable to the providers of such Permitted First Priority Refinancing Debt than those applicable to the Indebtedness being refinanced, except, in each case, for financial or other covenants or other provisions contained in such Indebtedness that are applicable only after the then Latest Maturity Date, or (y) such documentation shall be reasonably acceptable to the Administrative Agent and (vii) a Senior Representative acting on behalf of the holders of such Indebtedness shall have become party to a Pari Passu Intercreditor Agreement and the Administrative Agent shall have become a party to the Pari Passu Intercreditor Agreement (or any then-existing Pari Passu Intercreditor Agreement shall have been amended or replaced in a manner reasonably acceptable to the Administrative Agent, which results in such Senior Representative having rights to share in the Collateral as provided in clause (i) above). Permitted First Priority Refinancing Debt will include any Registered Equivalent Notes issued in exchange therefor.

  • Financing Arrangements means the arrangements between the Borrower and the State as per current policy of the Borrower, and acceptable to ADB;

  • Financing Agreements means, collectively, this Agreement and all notes, guarantees, security agreements and other agreements, documents and instruments now or at any time hereafter executed and/or delivered by Borrower or any Obligor in connection with this Agreement, as the same now exist or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced.

  • Financing Lease any lease of property, real or personal, the obligations of the lessee in respect of which are required in accordance with GAAP to be capitalized on a balance sheet of the lessee.

  • Financing Documents means collectively the documents evidencing Lenders’ commitment to finance the Project.

  • Financing entity means an electric public utility, a special

  • Permitted Securitization Financing means one or more transactions pursuant to which (i) Securitization Assets or interests therein are sold to or financed by one or more Special Purpose Securitization Subsidiaries, and (ii) such Special Purpose Securitization Subsidiaries finance their acquisition of such Securitization Assets or interests therein, or the financing thereof, by selling or borrowing against Securitization Assets and any Hedging Agreements entered into in connection with such Securitization Assets; provided, that recourse to the Borrower or any Subsidiary (other than the Special Purpose Securitization Subsidiaries) in connection with such transactions shall be limited to the extent customary (as determined by the Borrower in good faith in consultation with the Administrative Agent) for similar transactions in the applicable jurisdictions (including, to the extent applicable, in a manner consistent with the delivery of a “true sale”/“absolute transfer” opinion with respect to any transfer by the Borrower or any Subsidiary (other than a Special Purpose Securitization Subsidiary)).

  • Permitted Security Interest means any Security Interest:

  • Permitted Unsecured Refinancing Debt means Credit Agreement Refinancing Indebtedness in the form of unsecured Indebtedness (including any Registered Equivalent Notes) incurred by the Borrower in the form of one or more series of senior unsecured notes or loans; provided that (i) such Indebtedness constitutes Credit Agreement Refinancing Indebtedness and (ii) meets the Permitted Other Debt Conditions.

  • Transaction Security Documents means each of the documents listed as being a Transaction Security Document in paragraph 2(e) of Part I of Schedule 2 (Conditions Precedent) of the 2009 Financing Agreement and any document required to be delivered to the Administrative Agent under paragraph 3(d) of Part II of Schedule 2 (Conditions Precedent) of the 2009 Financing Agreement together with any other document entered into by any Obligor creating or expressed to create any Security over all or any part of its assets in respect of the obligations of any of the Obligors under any of the Finance Documents (and any other Debt Documents).

  • Permitted Junior Priority Refinancing Debt means secured Indebtedness Incurred by any Credit Party in the form of one or more series of junior lien secured notes, bonds or debentures or junior lien secured loans; provided that (a) such Indebtedness is secured by Liens on all or a portion of the Collateral on a junior priority basis to the Liens on the Collateral securing the Obligations and any other First Lien Obligations and is not secured by any property or assets of Holdings, the Borrower or any Restricted Subsidiary other than the Collateral, (b) such Indebtedness satisfies the applicable requirements set forth in the provisos in the definition of “Credit Agreement Refinancing Indebtedness” (provided that such Indebtedness may be secured by a Lien on the Collateral that ranks junior in priority to the Liens on the Collateral securing the Obligations and any other First Lien Obligations, notwithstanding any provision to the contrary contained in the definition of “Credit Agreement Refinancing Indebtedness”), (c) the holders of such Indebtedness (or their representative) and the Collateral Agent shall become parties to a Customary Intercreditor Agreement described in clause (b) of the definition thereof providing that the Liens on the Collateral securing such obligations shall rank junior in priority to the Liens on the Collateral securing the Obligations, and (d) such Indebtedness is not at any time guaranteed by any Person other than Persons that are Guarantors.

  • Senior Loan has the meaning provided in the Recitals hereto.

  • Non-Financing Lease Obligation means a lease obligation that is not required to be accounted for as a financing or capital lease on both the balance sheet and the income statement for financial reporting purposes in accordance with GAAP. For the avoidance of doubt, a straight-line or operating lease shall be considered a Non-Financing Lease Obligation.