Examples of Junior Secured Notes in a sentence
The Borrower will cause any subsequently acquired or organized Domestic Subsidiary that is a Restricted Subsidiary and each other person that shall Guarantee any of the Senior Secured Notes or the Junior Secured Notes to become a Loan Party by executing or joining the Guarantee Agreement and each applicable Security Document in favor of the Collateral Agent.
Except as otherwise provided in this Agreement, the ABL Agent, the ABL Claimholders, the Junior Secured Notes Agent and the Junior Secured Notes Claimholders will be entitled to manage and supervise their respective loans and extensions of credit under the ABL Loan Documents and the Junior Secured Notes Documents, respectively, in accordance with law and as they may otherwise, in their sole discretion, deem appropriate.
For the avoidance of doubt, the sale or other transfer of Indebtedness is not restricted by this Agreement but the provisions of this Agreement shall be binding on all holders of ABL Obligations, Term Obligations and Junior Secured Notes Obligations.
The provisions of this Agreement are and are intended solely for the purpose of defining the respective relative rights of the ABL Claimholders, the Term Claimholders and the Junior Secured Notes Claimholders.
The ABL Agent, on behalf of the ABL Claimholders, the Term Agent, on behalf of the Term Claimholders, the Junior Secured Notes Agent, on behalf of the Junior Secured Notes Claimholders, and the Grantors, agree that each of them shall take such further action and shall execute and deliver such additional documents and instruments (in recordable form, if requested) as any other Agent may reasonably request in writing to effectuate the terms of and the Lien priorities contemplated by this Agreement.
This Agreement is a product of negotiations among representatives of, and has been reviewed by counsel to, the Term Agent, the Junior Secured Notes Agent, the ABL Agent and the Grantors and is the product of those parties hereto on behalf of themselves and the Term Claimholders (in the case of the Term Agent), the ABL Claimholders (in the case of the ABL Claimholders) and the Junior Secured Notes Claimholders (in the case of the Junior Secured Notes Agent).
WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee By: Name: Title: Dated: [FORM OF REVERSE SIDE OF NOTE] 1839688 ALBERTA ULC [·]% Junior Secured Notes due 20[19/20] Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture.
Each Agent and Claimholder (other than the Junior Secured Notes Agent) shall be responsible for keeping themselves informed of (a) the financial condition of the Grantors and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations, the Term Obligations and the Junior Secured Notes Obligations.
Consistent with such appointment, the Term Claimholders, the ABL Claimholders and the Junior Secured Notes Claimholders further shall be deemed to have agreed that their respective Agents (and not any individual Claimholder or group of Claimholders) shall have the exclusive right to exercise any rights, powers, and/or remedies under or in connection with this Agreement (including bringing any action to interpret or otherwise enforce the provisions of this Agreement) or the Collateral.
The Junior Secured Notes Agent and each agent, custodian and other Person employed by it to act hereunder shall be afforded under this Agreement each of the rights, privileges, protections, immunities and indemnities set forth in the Junior Secured Notes Documents as if such rights, powers, immunities and indemnities were specifically set forth in this Agreement.