Initial Second Lien Collateral Agent definition

Initial Second Lien Collateral Agent has the meaning set forth in the Preamble to this Agreement.

Initial Second Lien Collateral Agent means Deutsche Bank Trust Company Americas, on behalf of the holders of the June 2020 Notes.

Initial Second Lien Collateral Agent means Regions Bank, as collateral agent under the 2021 Indenture (in such capacity and together with its successors from time to time in such capacity).

Examples of Initial Second Lien Collateral Agent in a sentence

• Upon the Initial Second Lien Collateral Agent so becoming a party hereto in accordance with the terms thereof, all Initial Second Lien Obligations shall be entitled to be so secured by a subordinated Lien on the Collateral in accordance with the terms hereof and thereof.

• Notwithstanding the foregoing, without the consent of any First Lien Claimholder or Second Lien Claimholder, the Initial Second Lien Collateral Agent may become a party hereto by execution and delivery of a Joinder Agreement in accordance with Section 8.20 and upon such execution and delivery, the Initial Second Lien Collateral Agent and the Initial Second Lien Claimholders and Initial Second Lien Obligations shall be subject to the terms hereof.

• Section 8.20 of the Intercreditor Agreement provides that the Initial Second Lien Collateral Agent may become a Second Lien Collateral Agent under, and the Initial Second Lien Claimholders may become subject to and bound by, the Intercreditor Agreement pursuant to the execution and delivery by the Initial Second Lien Collateral Agent of an instrument in the form of this Joinder Agreement and the satisfaction of the other conditions set forth in Section 8.20 of the Intercreditor Agreement.

• The Initial Second Lien Obligations may be secured by a junior-priority, subordinated Lien on the Collateral, in each case under and pursuant to the relevant Second Lien Collateral Documents if and subject to the condition, the Initial Second Lien Collateral Agent becomes a party to this Agreement by satisfying the conditions set forth in clauses (1) and (2) of Section 8.20(b).

• The undersigned Initial Second Lien Collateral Agent (the “New Collateral Agent”) is executing this Joinder Agreement in accordance with the requirements of the Intercreditor Agreement.

More Definitions of Initial Second Lien Collateral Agent

Initial Second Lien Collateral Agent means Deutsche Bank Trust Company Americas.

Initial Second Lien Collateral Agent means WSFS, as collateral agent for the holders of the Initial Second Lien Obligations, which shall be named in the applicable Joinder Agreement.

Initial Second Lien Collateral Agent in the Intercreditor Agreement shall be deemed to include the New Collateral Agent and each reference to “Second Lien Claimholders” shall include the Initial Second Lien Claimholders represented by New Collateral Agent. The Intercreditor Agreement is hereby incorporated herein by reference.

Initial Second Lien Collateral Agent means U.S. Bank, in its capacity as collateral agent under the Second Lien Notes Indenture and the other Second Lien Documents to which it is a party, and also includes its successors and assigns, including any replacement or successor agent or any additional agent.

Initial Second Lien Collateral Agent means Deutsche Bank Trust Company Americas, on behalf of the holders of the June 2020

Initial Second Lien Collateral Agent means Deutsche Bank Trust Company Americas, on behalf of the holders of the Existing Notes. “Initial Second Lien Representative” means Deutsche Bank Trust Company Americas, in its capacity as Initial Second Lien Collateral Agent.

Initial Second Lien Collateral Agent in the Junior Lien Intercreditor Agreement shall be deemed to [include][refer to] the New Collateral Agent and each reference to [“Second Lien Claimholders”][“Initial Second Lien Claimholders”] shall include the [Additional Second Lien Claimholders][Initial Second Lien Claimholders] represented by such New Representative and New Collateral Agent. The Junior Lien Intercreditor Agreement is hereby incorporated herein by reference. Each of the New Representative and New Collateral Agent represents and warrants to the other Representatives, Collateral Agents and the other Claimholders that (i) it has full power and authority to enter into this Joinder Agreement, in its capacity as [agent] [trustee], (ii) this Joinder Agreement has been duly authorized, executed and delivered by it and constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms and the terms of the Junior Lien Intercreditor Agreement and (iii) the Second Lien Documents relating to such Additional Second Lien Debt provide that, upon the New Representative’s and New Collateral Agent’s entry into this Agreement, the [Additional Second Lien][Initial Second Lien] Claimholders in respect of such [Additional Second Lien Debt][Initial Second Lien Obligations] will be subject to and bound by the provisions of the Junior Lien Intercreditor Agreement as [Second Lien Claimholders][Initial Second Lien Claimholders]. This Joinder Agreement may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Joinder Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Joinder Agreement. Except as expressly supplemented hereby, the Junior Lien Intercreditor Agreement shall remain in full force and effect. THIS JOINDER AGREEMENT, AND ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS JOINDER AGREEMENT (WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE) SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICTS OF LAW RULES THAT WOULD RESULT IN THE APPLICATION OF A DIFFERENT GOVERNING LAW (OTHER THAN ANY MANDATORY PROVISIONS OF THE UCC RELATING TO THE LAW GOVERNING PERFECTION AND THE EFFECT OF PERFECTION OR PRIORITY OF THE SECURITY INTERESTS IN THE COLLATERAL). Any provision of thi...