First Lien Term Credit Agreement. (i) shall mean the First Lien Term Credit Agreement referred to in the recitals to this Agreement (as such agreement may be amended, restated, amended and restated, supplemented or otherwise modified from time to time or refunded, refinanced, restructured, replaced, renewed, repaid, increased or extended from time to time (whether in whole or in part, whether with the original administrative agent and lenders or other agents and lenders or otherwise, and whether provided under the original credit agreement or one or more other credit agreements, indentures, financing agreements or otherwise, including any agreement extending the maturity thereof, otherwise restructuring all or any portion of the Indebtedness thereunder, increasing the amount loaned or issued thereunder, altering the maturity thereof or providing for other Indebtedness), in each case as and to the extent permitted by this Agreement, unless such agreement, instrument or document expressly provides that it is not intended to be and is not a First Lien Term Credit Agreement) and (ii) shall include any one or more other agreements, indentures or facilities relating to additional First Lien Term Obligations joined to this Agreement pursuant to Section 7.20 hereof.
First Lien Term Credit Agreement means the First Lien Term Credit Agreement, dated as of February 12, 2007, by and among Foamex L.P., as Borrower (the "Borrower"), the Corporation, as Parent Guarantor, Bank of America, N.A., as Administrative Agent and Collateral Agent (the "Administrative Agent"), and the lenders and other parties named therein, as may be amended or restated from time to time.
First Lien Term Credit Agreement means the Credit Agreement dated July 31, 2007, among TOUSA, Inc. as administrative borrower, the Subsidiary Debtors (excluding Beacon Hill at Mountain’s Edge, LLC), as Subsidiary Borrowers, Citicorp North America, Inc., as Administrative Agent, and the banks, financial institutions and other lenders party thereto from time to time and the other credit documents referenced therein.
Examples of First Lien Term Credit Agreement in a sentence
CIT received $21,973,803.50 from TOUSA in addition to theIn connection with the July 31 Transaction, TOUSA and the Conveying Subsidiaries also executed, among other documents, Pledge and Security Agreements for the First Lien Term Credit Agreement and Second Lien Term Credit Agreement, and an Amended and Restated Pledge and Security Agreement for the Amended Revolver Agreement.
The Company expects to close the sale of FPD as early as April 1, 2019 but no later than May 1, 2019 and intends to use the proceeds of such sale to repay over $300 million of the term loans (the “First Lien Term Loans”) outstanding under the Company’s First Lien Term Credit Agreement.
In such event, an event of default would occur under the ABL Credit Agreement and, if requisite notice is given under the First Lien Term Credit Agreement, an event of default would occur thereunder if such breach is not cured within thirty (30) days after such notice is given.
The Company’s Amended and Restated Agreement relating to its asset based revolving facility (the “ABL Credit Agreement” and, together with the First Lien Term Credit Agreement, the “Credit Agreements”) contains a corresponding requirement, although under the ABL Credit Agreement there is an additional requirement that the opinion be reasonably acceptable to the agent under the ABL Credit Agreement.
Under the terms of the Senior Secured First Lien Term Credit Agreement, Senior Secured Second Lien Term Credit Agreement and the ABL Credit Agreement, the Company is permitted to invest up to $100 million in subsidiaries and joint ventures that are not party to these loan agreements.
More Definitions of First Lien Term Credit Agreement
First Lien Term Credit Agreement means the Term Loan Agreement dated as of the Closing Date, among Borrower, the lenders party thereto and JPMorgan Chase Bank, N.A., as First Lien Administrative Agent, as amended from time to time, including after the commencement of any Insolvency or Liquidation Proceeding.
First Lien Term Credit Agreement means that certain Term Loan Credit Agreement, dated as of the Effective Date, among, inter alios, the Borrower, the lenders and other financial institutions party thereto, Xxxxxxx Xxxxx Bank USA, as collateral agent and as administrative agent, as amended, restated, amended and restated, replaced, extended, renewed, Refinanced, supplemented or otherwise modified from time to time in accordance with the terms of this Agreement; provided that to the extent any Indebtedness thereunder is expressly provided thereunder to be secured on a junior basis to the Liens securing the First Lien Term Credit Agreement Obligations in existence on the Effective Date, such Indebtedness (a) shall not constitute First Priority Term Debt and (b) subject to satisfaction of the conditions set forth in Section 8.09 hereof, shall constitute Additional First Priority Term Debt or Additional Junior Priority Term Debt, as applicable.
First Lien Term Credit Agreement means the Term Loan Agreement dated as of the Effective Date, among the Borrowers, the lenders party thereto and Xxxxxxx Xxxxx Bank USA, as First Lien Administrative Agent, as amended, restated, supplemented or otherwise modified from time to time, including after the commencement of any Insolvency or Liquidation Proceeding and any agreement that Refinances the First Lien Term Credit Agreement so long as (1) the agreement that was previously the First Lien Term Credit Agreement will no longer be in effect after such Refinancing and (2) the “Administrative Agent” or other Representative under the new First Lien Term Credit Agreement designates such agreement in writing to each other Senior Representative as the First Lien Term Credit Agreement for purposes of this Agreement.
First Lien Term Credit Agreement means the Original First Lien Term Credit Agreement and any other agreement extending the maturity of, consolidating, restructuring, refunding, replacing or refinancing all or any portion of the First Lien Term Obligations, whether by the same or any other agent, lender or group of lenders and whether or not increasing the amount of any Indebtedness that may be incurred thereunder.
First Lien Term Credit Agreement means the First Lien Term Credit Agreement, dated as of February 12, 2007, by and among Foamex L.P., as Borrower (the “Borrower”), the Corporation, as Parent Guarantor, Bank of America, N.A., as Administrative Agent and Collateral Agent (the “Administrative Agent”), and the lenders and other parties named therein, as may be amended or restated from time to time.
First Lien Term Credit Agreement means that certain Credit Agreement, dated as of October 21, 2016 among the Borrower, Holdings, the guarantors party thereto, the lenders party thereto and the First Lien Term Administrative Agent, as the same may be amended, restated, modified, supplemented, extended, renewed, refunded, replaced or refinanced from time to time in one or more agreements (in each case with the same or new lenders, institutional investors or agents), including any agreement extending the maturity thereof or otherwise restructuring all or any portion of the Indebtedness thereunder or increasing the amount loaned or issued thereunder or altering the maturity thereof.
First Lien Term Credit Agreement means (i) that certain First Lien Term Credit Agreement dated as of the date hereof among Foamex, Holdings, the lenders party thereto, Bank of America, N.A., as administrative agent and collateral agent, Barclays Capital and Xxxxxx Xxxxxxx Senior Funding, Inc., as co-syndication agents, Banc of America Securities LLC, Barclays Capital and Xxxxxx Xxxxxxx Senior Funding, Inc., as joint lead arrangers, and Banc of America Securities LLC as sole bookrunning manager, as amended, restated, supplemented or modified from time to time to the extent permitted by this Agreement and the Intercreditor 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 (subject to the limitations set forth herein and in the Intercreditor Agreement) to extend, refinance or replace in whole or in part the indebtedness and other obligations outstanding under (x) the credit agreement referred to in clause (i) or (y) any subsequent First Lien Term Credit Agreement (each as amended, restated, supplemented or modified from time to time to the extent permitted by this Agreement and the Intercreditor Agreement), unless such agreement or instrument expressly provides that it is not intended to be and is not a First Lien Term Credit Agreement hereunder. Any reference to the First Lien Term Credit Agreement hereunder shall be deemed a reference to any First Lien Term Credit Agreement then in existence.