Examples of Holding First Lien Secured Term Loan in a sentence
The Modified IHC Second Lien Notes shall be subordinated in right of payment to the Holding First Lien Secured Term Loan as described in the Holding First Lien Secured Term Loan Term Sheet.
The parties ultimately reached agreement on modifications to the Holding First Lien Secured Term Loan that would reasonably improve the First Lien Lenders’ position in exchange for the Consenting First Lien Lenders’ agreement to forbear enforcement of and waive certain defaults and covenants under the Holding First Lien Secured Term Loan, as set forth in the Holding First Lien Secured Term Loan Term Sheet and in the Forbearance Agreement.
The First Lien Lenders were represented in the negotiations by lenders holding a majority in amount of the Holding First Lien Secured Term Loan facility because of the bankruptcy of Lehman, the agent under the facility.
If, however, the Consenting First Lien Lenders terminate the Forbearance Agreement prior to the Confirmation Date or the First Lien Lenders cease to forbear from exercising remedies against non-Debtor guarantors under the Holding First Lien Secured Term Loan prior to the Confirmation Date or fail to vote in favor of the Plan in accordance with section 1126(c) of the Bankruptcy Code, then the Debtors reserve the right to seek Reinstatement of the Holding First Lien Secured Term Loan Claims.
The Debtors recognized that the support of the First Lien Lenders and Guggenheim would be helpful for a successful reorganization because, among other things, initiating the Chapter 11 Cases would violate certain covenants of the Holding First Lien Secured Term Loan and the Canadian Term Loan, and would result in an event of default.
Such temporary injunction will expire automatically if Reorganized Group defaults under this Plan by failing to provide or cause to be provided such treatment to Holders of Holding First Lien Secured Term Loan Claims as provided under this Plan and fails to cure such default within 30 days after receipt by the Debtors of written notice of such default from the affected First Lien Lender.
Other than as specifically set forth below, the Disbursing Agent or applicable Indenture Trustee or the administrative agent under the Holding First Lien Secured Term Loan shall make all distributions required to be made under this Plan.
Based upon the liquidation value analysis of the Company, as set forth below and in Article X.D of this Disclosure Statement, the value available for distribution to Holders of Claims and Interests upon a liquidation of the Company, after payment of the Holding First Lien Secured Term Loan Claims, would be substantially less than the amount required to satisfy the Claims held by the Holders of IHC Second Lien Notes.
The Holding First Lien Secured Term Loan is guaranteed by Group, PTHI, IHC, PTII, and certain other subsidiaries, and is secured by first priority liens on certain assets of PTHI and its guarantor subsidiaries, and by pledges of 65% of the capital stock of first-tier foreign subsidiaries.
As descried above in “Exchange of Holding First Lien Secured Term Loan Claims for Modified Term Loan Notes,” a modification is a significant modification only if, based on all facts and circumstances, the legal rights or obligations that are altered and the degree to which they are altered are economically significant.