First Lien Purchase Agreement definition
Examples of First Lien Purchase Agreement in a sentence
The First Lien Note Holders purchased notes of Company pursuant to the First Lien Purchase Agreement, upon, among other terms and conditions, the condition that the First Lien Obligations (such term and each other capitalized term used but not defined in these recitals having the meaning given it in Article I) shall be secured by first priority Liens on, and security interests in, the Collateral.
Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings set forth in the First Lien Purchase Agreement, the Second Lien Purchase Agreement and the Third Lien Purchase Agreement, as applicable.
So long as the Discharge of First Lien Obligations has not occurred, any Collateral or proceeds thereof received by the First Lien Collateral Agent in connection with any Disposition of, or collection on, such Collateral upon the enforcement or exercise of any right or remedy (including any right of setoff) shall be applied by the First Lien Collateral Agent to the First Lien Obligations in such order as is specified in the First Lien Purchase Agreement.
Interest shall accrue and shall be paid on this Note in accordance with the terms of the First Lien Purchase Agreement described below.
NextWave acknowledges that all costs, fees and expenses as described in Section 1.4 of the First Lien Purchase Agreement and Section 1.5 of the Second Lien Purchase Agreement incurred by the Holders with respect to this Amendment and Waiver and the documents and transactions contemplated hereby shall be for the account of NextWave.
Without the prior written consent of the Second-Lien Agent, the Intercreditor Agreement of even date herewith by and between the 2013 First Lien Agent and the 2014 First Lien Agent shall not be restated, supplemented or otherwise modified to change the pari passu treatment of the 2013 Debt or the 2014 Debt (as such terms are defined therein) for all purposes, including payment and recourse to collateral, under the 2013 First Lien Purchase Agreement and the 2014 First Lien Purchase Agreement.
All capitalized terms used but not defined herein shall have the meanings ascribed to them in the First Lien Purchase Agreement.
This Note is subject to certain transfer restrictions as set forth in the First Lien Purchase Agreement.
The terms of this Note include those stated in the First Lien Purchase Agreement and the First Lien Senior Incremental Notes Agreement, including, without limitation, the provisions in the First Lien Purchase Agreement respecting covenants, Events of Default and remedies.
The Notes may be modified as provided in Section 10.3 of the First Lien Purchase Agreement.