Junior Secured Notes definition

Junior Secured Notes means the Borrower’s 10.5% senior second priority secured notes due 2018, issued on March 17, 2011, in an aggregate principal amount of $290,000,000 and any exchange notes issued in exchange therefor, in each case pursuant to the Junior Secured Notes Indenture.

Junior Secured Notes means the 9.625% junior secured notes due 2015 issued by ResCap pursuant to the Junior Secured Notes Indenture.

Junior Secured Notes means, collectively, (a) the Initial Junior Secured Notes and any other additional notes issued under the Junior Secured Notes Indenture and (b) 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 to increase, replace, refinance or refund in whole or in part the Junior Secured Notes Obligations outstanding under the Initial Junior Secured Notes or any other agreement or instrument referred to in this clause (I) which is designated to each Agent as “Junior Secured Notes” by (x) if the Junior Secured Notes Indenture or any Additional Pari Passu Junior Secured Notes Agreement is in effect, the Junior Secured Notes Agent (and, so long as a Junior Secured Notes Default has not occurred and is continuing at the time of such designation, the Company) or (y) otherwise, the Company, and (II) pursuant to which the Junior Secured Notes Agent for such agreement shall have executed a supplement to this Agreement agreeing to bound hereby on them same terms applicable to the Initial Junior Secured Notes Agent, whether or not such increase, replacement, refinancing or refunding occurs (i) with the original parties thereto, (ii) on one or more separate occasions or (iii) simultaneously or not with the termination or repayment of the Initial Junior Secured Notes or any other agreement or instrument referred to in this clause, unless such agreement or instrument is not a Permitted Refinancing Agreement. Any reference to the Junior Secured Notes hereunder shall be deemed a reference to any Junior Secured Notes then in existence.

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.

More Definitions of Junior Secured Notes

Junior Secured Notes means the 9.625% Junior Secured Guaranteed Notes due 2015 issued by ResCap pursuant to the Prepetition Junior Secured Indenture, in an initial aggregate face amount of $4,010,280,000, as amended or supplemented prior to the date hereof. "Prepetition Junior Secured Indenture" means the Indenture, dated as of June 6, 2008, among ResCap, as issuer, the Subsidiaries of ResCap party thereto as guarantors, and U.S. Bank National Association, as trustee, as amended or supplemented prior to the date hereof.

Junior Secured Notes as defined in the Amended Agreement.

Junior Secured Notes shall have the meaning set forth in the Recitals.

Junior Secured Notes means the junior secured guaranteed notes issued pursuant to an indenture dated as of the Issue Date by and among the Company, the Guarantors and U.S. Bank National Association as Trustee.

Junior Secured Notes any indebtedness that has been incurred after the date hereof which is designated to each Agent as “Junior Secured Notes” by the Junior Secured Notes Agent; provided that (a) the Junior Secured Notes Agent under the Junior Secured Notes Agreement under which such indebtedness has been incurred shall have executed a supplement to this Agreement agreeing to bound hereby, (b) the Indebtedness represented by such Junior Secured Notes is not prohibited by the terms of the ABL Loan Documents or the Senior Secured Notes Documents and (c) the Grantors have granted Liens on all or a portion of the Collateral to secure the Obligations in respect of such Indebtedness.

Junior Secured Notes means the 12 3/4 Secured Notes due 2004 of MTLM in an aggregate principal amount not exceeding $34,000,000, issued pursuant to the Junior Secured Note Indenture.