Junior Priority Notes definition
Examples of Junior Priority Notes in a sentence
FORM OF NON-U.S. BENEFICIAL OWNERSHIP [Date] U.S. Bank National Association Re: 10.750% Senior Secured Junior Priority Notes due 2023 (the “Notes”) of Aleris International, Inc.
The Junior Priority Notes will be issued pursuant to an indenture (the “Junior Priority Indenture”, and together with the Senior Priority Indenture, the “Indentures”), to be dated as of the Closing Date, among the Company, the Guarantors and W▇▇▇▇ Fargo Bank, National Association, as trustee (the “Junior Trustee” , and together with the Senior Trustee, the Trustees”).
Any such additional party and the administrative agent under the Credit Agreement, the Trustee and the Collateral Agent shall be entitled to conclusively rely upon an Officer’s Certificate certifying that such Indebtedness was issued or borrowed in compliance with the Credit Agreement, Existing First Lien Junior Priority Notes Indenture, First Lien Priority Notes Indenture, this Indenture and the Collateral Documents.
The Notes shall be known and designated as the “10.750% Senior Secured Junior Priority Notes due 2023” of the Company.
This Agreement may be amended in writing signed by the applicable Senior Priority Agent and Junior Priority Agent (in each case, acting in accordance with Senior Priority Notes Indenture, the Junior Priority Notes Indenture or any other Senior Priority Document or Junior Priority Document, as applicable) and the Company.
The First Lien Junior Priority Notes and the First Lien Junior Priority Indenture shall each constitute an Additional First Priority Agreement under the Intercreditor Agreement, and each reference therein to “First Priority Representative” shall be construed to include the Additional First Priority Representative.
The Company has duly authorized the creation of an issue of 10.750% Senior Secured Junior Priority Notes due 2023 issued on the date hereof (the “Initial Notes”), and to provide therefor the Company and the Guarantors have duly authorized the execution and delivery of this Indenture.
With respect to the Grantors, for purposes hereof, the addresses of the Grantors shall be as set forth in the Senior Priority Notes Indenture and Junior Priority Notes Indenture, as applicable.