First Lien Financing Agreement definition

First Lien Financing Agreement means the Existing First Lien Financing Agreement, or, to the extent such agreement is no longer in effect, any other loan agreement secured by a first mortgage lien on the SLS Las Vegas, including as a result of any Permitted Refinancing thereof.
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First Lien Financing Agreement has the meaning set forth in the Recitals hereto.
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First Lien Financing Agreement means, collectively, (i) the Initial First Lien Financing Agreement, and (ii) any other credit agreement, loan agreement, note agreement, promissory note, indenture or other agreement or instrument evidencing or governing the terms of any Indebtedness or other financial accommodation that has been incurred to extend, increase (subject to the limitations set forth herein), replace, refinance or refund in whole or in part the Indebtedness and other obligations outstanding under the Initial First Lien Financing Agreement or any other agreement or instrument referred to in this clause unless such agreement or instrument expressly provides that it is not intended to be and is not a First Lien Financing Agreement; provided, that if and to the extent that any amendment, modification, increase, replacement, refinancing or refunding of the Initial First Lien Financing Agreement or any other agreement referred to in this clause (in each case other than a DIP Financing provided in accordance with Section 6) provides for revolving credit commitments, revolving credit loans, term loans, bonds, debentures, notes or similar instruments having a principal amount in excess of the Maximum First Lien Principal Debt Amount, then only that portion of such principal amount in excess of the Maximum First Lien Principal Debt Amount shall not constitute First Lien Obligations for purposes of this Agreement. Any reference to the First Lien Financing Agreement hereunder shall be deemed a reference to any First Lien Financing Agreement then in existence. Intercreditor Agreement
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Examples of First Lien Financing Agreement in a sentence

  • On that same date, the Prepetition First Lien Agent advised the Debtors that the borrowing base under the Prepetition First Lien Financing Agreement had been redetermined and designated to be $95,925,000, and that the Debtors had a Borrowing Base Deficiency of $13,387,500.

  • As discussed below, the Debtors are in default under the Prepetition First Lien Financing Agreement, the Obligations have been accelerated, and the obligations thereunder are proposed to be refinanced under the DIP Facility.

  • At the time of the Debtors’ September 2014 refinancing of their first lien obligations, the Prepetition First Lien Lenders and Debtors acknowledged certain existing events of default under their existing credit agreement and entered into a forbearance agreement with respect to those existing defaults in connection with entering into the Prepetition First Lien Financing Agreement.

  • On May 4, 2015, the Prepetition First Lien Agent advised the Debtors of a new event of default under the Prepetition First Lien Financing Agreement arising from the Debtors’ failure to maintain certain hedging agreements.

  • The obligations under the Prepetition First Lien Financing Agreement are further supported by guaranties by MOG’s non-Borrower subsidiaries.

  • The Prepetition First Lien Financing Agreement has a stated maturity date of September 4, 2017.

  • The obligations under the Prepetition First Lien Financing Agreement are secured by first priority liens upon and senior security interests in substantially all of the Borrowers’ and Guarantors’ property and assets (collectively, the “ Prepetition First Lien Collateral”).

  • In addition, certain yield maintenance and prepayment premiums under the Prepetition First Lien Financing Agreement (the “ Premiums”) became due pre-petition.

  • Third, the Prepetition First Lien Agent and Debtors, in connection with negotiating the DIP Facility, have agreed to fix the amount of the Yield Maintenance Premium that is payable under the Prepetition First Lien Financing Agreement, and also have agreed that the Yield Maintenance Premium will be deemed satisfied by issuance of a $14,000,000 DIP Term Loan.

  • In particular, the Debtors were able to obtain a lower interest rate under the DIP Facility than what was in effect under the Prepetition First Lien Financing Agreement as of the Petition Date (even without taking into account the additional 2% default interest applicable), a point of significance since the Prepetition First Lien Lenders would likely be entitled to post- petition interest.


More Definitions of First Lien Financing Agreement

First Lien Financing Agreement means the Financing Agreement, dated as of May 24, 2016 (as amended, modified or supplemented from time to time), among the U.S. Borrowers and the Canadian Borrowers, as borrowers, the other Debtors as guarantors, the First Lien Administrative Agent and the First Lien Lenders, including all agreements, documents, notes, instruments and any other agreements delivered pursuant thereto or in connection therewith (in each case, as amended, modified or supplemented from time to time).
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First Lien Financing Agreement means that certain Financing Agreement, dated as of December 27, 2019, by and among NextNav Holdings, LLC, each subsidiary of NextNav Holdings, LLC listed as a “Borrower” on the signature pages thereto, each subsidiary of NextNav Holdings, LLC listed as a “Guarantor” on the signature pages thereto, the lenders from time to time party thereto and Fortress Credit Corp, as amended by that certain First Amendment to Financing Agreement, dated as of January 24, 2020.
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Related to First Lien Financing Agreement

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • Co-financing Agreement means the agreement to be entered into between the Recipient and the Co-financier providing for the Co-financing.

  • First Lien Security Agreement means the “Security Agreement” as defined in the First Lien Credit Agreement.

  • First Lien Security Documents means the Security Documents (as defined in the First Lien Credit Agreement) and any other agreement, document or instrument pursuant to which a Lien is granted or purported to be granted securing any First Lien Obligations or under which rights or remedies with respect to such Liens are governed.

  • Refinancing Agreement as defined in Subsection 8.3(c).

  • Second Lien Security Agreement means the Second Lien Security Agreement, dated as of the date hereof, among the Initial Borrower, the Parent Borrower, certain Subsidiaries of the Parent Borrower from time to time party thereto and the Second Lien Notes Collateral Agent, as amended, restated, waived, restructured, renewed, extended, supplemented or otherwise modified from time to time or as replaced in connection with any Refinancing, extension, refunding or replacement of the Second Lien Notes Indenture.

  • Second Lien Security Documents means all “Security Documents” as defined in the Second Lien Credit Agreement, and all other security agreements, mortgages, deeds of trust and other security documents executed and delivered in connection with any Second Lien Credit Agreement, in each case as the same may be amended, supplemented, restated or otherwise modified from time to time.

  • Second Lien Intercreditor Agreement means the Second Lien Intercreditor Agreement substantially in the form of Exhibit H among the Administrative Agent and one or more Senior Representatives for holders of Permitted Second Priority Refinancing Debt, with such modifications thereto as the Administrative Agent may reasonably agree.

  • First Lien Intercreditor Agreement means an agreement in substantially the form of Exhibit C, with such changes thereto as are reasonably acceptable to the Administrative Agent and the Company.

  • Second Lien Note Documents means the Second Lien Notes, the Second Lien Notes Indenture and the Second Lien Security Documents.

  • Second Lien Notes Documents means the Second Lien Notes Indenture, the Second Lien Notes and all other agreements, instruments and other documents pursuant to which the Second Lien Notes have been or will be issued or otherwise setting forth the terms of the Second Lien Notes.

  • Additional First Lien Documents means, with respect to any Series of Additional First Lien Obligations, the notes, credit agreements, indentures, security documents and other operative agreements evidencing or governing such Indebtedness, and each other agreement entered into for the purpose of securing any Series of Additional First Lien Obligations.

  • First Lien Loan Documents means the “Loan Documents” as defined in the First Lien Credit Agreement.

  • Second Lien Documents means, collectively, the indenture, credit agreement or other agreement or instrument evidencing or governing or securing each Series of Second Lien Debt and the Second Lien Security Documents.

  • Second Lien Facility means the second lien term loan facility under the Second Lien Credit Agreement.

  • Credit Agreement Refinancing Indebtedness means (a) Permitted First Priority Refinancing Debt, (b) Permitted Junior Priority Refinancing Debt or (c) Permitted Unsecured Refinancing Debt, in each case, issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, existing Term Loans, or any then-existing Credit Agreement Refinancing Indebtedness (“Refinanced Debt”); provided that (i) such Indebtedness has a maturity no earlier, and a Weighted Average Life to Maturity equal to or greater, than 91 days after the Latest Maturity Date at the time such Indebtedness is incurred, (ii) such Indebtedness shall not have a greater principal amount (or accreted value, if applicable) than the principal amount (or accreted value, if applicable) of the Refinanced Debt plus accrued interest, fees, premiums (if any) and penalties thereon and reasonable fees and expenses associated with the refinancing, (iii) the terms and conditions of such Indebtedness (except as otherwise provided in clause (ii) above and with respect to pricing, rate floors, discounts, premiums and optional prepayment or redemption terms) are substantially identical to, or (taken as a whole) are no more favorable to the lenders or holders providing such Indebtedness, than those applicable to the Refinanced Debt being refinanced (except for covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Indebtedness) (provided that a certificate of a Responsible Officer delivered to the Agent at least five (5) Business Days prior to the incurrence of such Indebtedness, together with a reasonably detailed description of the material terms and conditions of such Indebtedness or drafts of the documentation relating thereto, stating that the Parent Borrower has determined in good faith that such terms and conditions satisfy the requirement of this clause (iii) shall be conclusive evidence that such terms and conditions satisfy such requirement unless the Agent notifies the Parent Borrower within such five (5) Business Day period that it disagrees with such determination (including a description of the basis upon which it disagrees)), and (iv) such Refinanced Debt shall be repaid, repurchased, retired, defeased or satisfied and discharged, and all accrued interest, fees, premiums (if any) and penalties in connection therewith shall be paid, on the date such Credit Agreement Refinancing Indebtedness is issued, incurred or obtained.

  • Term Loan Security Documents means the “Security Documents” as defined in the Term Loan Credit Agreement.

  • First Lien Documents means the credit, guarantee and security documents governing the New First Lien Obligations, including, without limitation, the New First Lien Agreement and the First Lien Security Documents.

  • First Lien Notes means the 8.000% first lien secured notes due April 1, 2027, issued by Frontier pursuant to the First Lien Notes Indenture.

  • Credit Facility Documents means the collective reference to any Credit Facility, any notes issued pursuant thereto and the guarantees thereof, and the collateral documents relating thereto, as amended, supplemented, restated, renewed, refunded, replaced, restructured, repaid, refinanced or otherwise modified, in whole or in part, from time to time.

  • ABL Facility Documents means the agreements and other instruments governing the ABL Facility, together with any guarantees thereof and any security documents, other collateral documents and other instruments relating thereto (including documents and instruments governing Hedging Obligations required by the ABL Facility or relating to ABL Obligations).

  • Second Lien Loan Documents means the “Loan Documents” as defined in the Second Lien Credit Agreement.

  • Additional First Lien Secured Parties means the holders of any Additional First Lien Obligations and any trustee, authorized representative or agent of such Additional First Lien Obligations.

  • Refinancing Facility Agreement means a Refinancing Facility Agreement, in form and substance reasonably satisfactory to the Agent, among Holdings, the Borrower, each Subsidiary of the Borrower party to this Agreement, the Agent and one or more Refinancing Lenders, establishing Refinancing Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.26.

  • Exit Facility Documents means, collectively, the Exit Credit Agreement, and all other agreements, documents, and instruments delivered or entered into in connection with the Exit Facility, including any guarantee agreements, pledge and collateral agreements, intercreditor agreements, subordination agreements, fee letters, and other security documents

  • Subsidiary Financing Agreement means any agreement to be entered into between the Borrower and a Participating Bank pursuant to Section 3.01 (b) of this Agreement, as the same may be amended from time to time;