Final Discharge Date means the date on which the Security Trustee notifies the Issuer and the Transaction Creditors that it is satisfied that all the Secured Obligations and/or all other moneys and other liabilities due or owing by the Issuer have been paid or discharged in full.
Senior Discharge Date means the first date on which all of the Senior Debt (other than contingent indemnification obligations) has been paid indefeasibly in full in cash and all commitments of Senior Lenders under the Senior Loan Documents have been terminated.
Discharge Date means the date on which the Obligations have been unconditionally and irrevocably paid in full and all Letters of Credit terminated or Cash Collateralized, except for contingent obligations under the Loan Documents which by their terms survive.
Discharge of First Lien Obligations shall have the meaning assigned to such term in the Intercreditor Agreement.
Discharge of Senior Lender Claims means, except to the extent otherwise provided in Section 5.7 below, payment in full in cash (except for contingent indemnities and cost and reimbursement obligations to the extent no claim has been made) of (a) all Obligations in respect of all outstanding Senior Lender Claims and, with respect to letters of credit or letter of credit guaranties outstanding thereunder, delivery of cash collateral or backstop letters of credit in respect thereof in compliance with the Credit Agreement, in each case after or concurrently with the termination of all commitments to extend credit thereunder and (b) any other Senior Lender Claims that are due and payable or otherwise accrued and owing at or prior to the time such principal and interest are paid; provided that the Discharge of Senior Lender Claims shall not be deemed to have occurred if such payments are made with the proceeds of other Senior Lender Claims that constitute an exchange or replacement for or a refinancing of such Obligations or Senior Lender Claims. In the event the Senior Lender Claims are modified and the Obligations are paid over time or otherwise modified pursuant to Section 1129 of the Bankruptcy Code, the Senior Lender Claims shall be deemed to be discharged when the final payment is made, in cash, in respect of such indebtedness and any obligations pursuant to such new indebtedness shall have been satisfied.
Second Priority Principal Distributable Amount With respect to any Distribution Date, an amount, not less than zero, equal to the difference between (i) the excess, if any, of (a) the aggregate outstanding principal balance of the Class A Notes and the Class B Notes as of the preceding Distribution Date (after giving effect to any principal payments made on the Class A Notes and the Class B Notes on such preceding Distribution Date) over (b) the Aggregate Receivables Principal Balance as of the close of business on the last day of the immediately preceding Monthly Period, and (ii) the First Priority Principal Distributable Amount, if any, with respect to such Distribution Date.
Note Date Debt Ratio: City: Stat Zip Purpose: Curr Rate: CLTV: Prin Bal: Maturity Lien Pos: 9194551 180 14 $80,000.00 $20,000.00 685 0391753183 3 178 1 $100,000.00 6/29/2004 31 Lennox SD 57039 01 8.250 100 $00,000.00 0/00/2019 2 9194531 180 RFC01 $100,350.00 $25,050.00 682 0391754249 3 178 1 $125,485.00 6/29/2004 42 Ocoee FL 34761 01 8.000 100 $00,000.00 0/00/2019 2 9199927 180 04 $163,360.00 $20,420.00 693 0391757606 3 178 1 $204,200.00 6/29/2004 44 Maple Grove MN 55311 01 7.130 90 $00,000.00 0/00/2019 2 9194499 180 09 $171,600.00 $42,900.00 686 0391754009 3 178 1 $214,500.00 6/29/2004 37 Valrico FL 33594 01 8.000 100 $00,000.00 0/00/2019 2 9143121 180 14 $267,271.00 $54,000.00 647 0391750122 3 178 1 $404,000.00 6/29/2004 49 Temecula CA 92592 02 6.750 80 $00,000.00 0/00/2019 2 9173793 180 04 $162,511.00 $25,000.00 756 0391755121 3 178 1 $400,000.00 6/29/2004 44 Costa Mesa CA 92627 02 6.250 47 $00,000.00 0/00/2019 2 9174041 180 14 $131,376.00 $16,000.00 640 0391751104 3 178 1 $205,000.00 6/29/2004 33 Northwest Coon MN 55433 02 5.750 72 $00,000.00 6/29/2019 2 9143141 180 RFC01 $194,400.00 $36,450.00 728 0391752615 3 178 1 $243,000.00 6/29/2004 42 Gaithersburg MD 20886 01 6.630 95 $00,000.00 0/00/2019 2 9153907 300 14 $488,000.00 $61,000.00 $321.98 775 0391740321 2 298 1 $610,000.00 6/29/2004 38 CHARLESTON SC 29418 01 6.750 90 $00,000.00 0/00/2029 2 9194437 180 09 $155,600.00 $19,450.00 766 0391751500 3 178 1 $194,500.00 6/29/2004 48 Cumming GA 30040 01 6.250 90 $00,000.00 0/00/2019 2 9174057 180 14 $188,000.00 $23,000.00 650 0391751112 3 178 1 $235,000.00 6/29/2004 50 Savannah GA 31406 02 8.500 90 $00,000.00 0/00/2019 2 9174249 180 14 $149,200.00 $18,650.00 775 0391751161 3 178 1 $186,500.00 6/29/2004 22 Cedar Rapids IA 52411 02 3.000 90 $00,000.00 0/00/2019 2 9175933 300 14 $156,000.00 $29,250.00 754 0391751138 2 298 1 $195,000.00 6/29/2004 33 Webster MA 01570 01 6.750 95 $00,000.00 0/00/2029 2 9181503 300 04 $119,920.00 $29,980.00 712 0391754603 2 298 1 $149,900.00 6/29/2004 44 Acton MA 01720 01 7.880 100 $00,000.00 0/00/2029 2 9194321 180 09 $367,100.00 $91,800.00 746 0391751526 3 178 1 $458,915.00 6/29/2004 45 Smyrna GA 30082 01 7.250 100 $00,000.00 0/00/2019 2 9125301 180 09 $151,920.00 $37,980.00 747 0391748837 3 178 1 $189,900.00 6/29/2004 37 Canton GA 30114 01 5.250 100 $00,000.00 0/00/2019 2 9169523 180 14 $236,000.00 $29,500.00 $218.21 705 0391749306 3 178 1 $295,000.00 6/29/2004 42 EDMONDS WA 98026 01 3.000 90 $00,000.00 0/00/2019 2 9165621 180 14 $112,500.00 $100,000.00 $739.69 718 0391747276 3 178 1 $300,000.00 6/29/2004 33 SMITHFIELD RI 02828 01 5.250 71 $00,000.00 0/00/2019 2 9182517 180 14 $283,150.00 $70,400.00 672 0391759578 3 178 1 $353,970.00 6/29/2004 28 Duluth GA 30096 01 9.000 100 $00,000.00 0/00/2019 2 9182459 180 14 $278,000.00 $69,500.00 735 0391762648 3 178 1 $347,500.00 6/29/2004 41 Tampa FL 33629 01 7.250 100 $00,000.00 0/00/2019 2 9194223 180 09 $247,200.00 $30,900.00 710 0391751534 3 178 1 $309,000.00 6/29/2004 47 Decatur GA 30030 01 6.750 90 $00,000.00 0/00/2019 2 Page 178 of 331
First Priority Principal Distributable Amount With respect to any Distribution Date, an amount equal to the excess, if any, of (i) the aggregate outstanding principal balance of the Class A Notes as of the preceding Distribution Date (after giving effect to any principal payments made on the Class A Notes on such preceding Distribution Date) over (ii) the Aggregate Receivables Principal Balance as of the close of business on the last day of the immediately preceding Monthly Period.
Financing Event means the earlier of (i) a public offering by the Company of its Common Stock with aggregate gross proceeds of at least $5 million; or (ii) the listing of the Company’s Common Stock on a National Securities Exchange, as such term is defined under the Exchange Act.
Aggregate Noteholders’ Priority Principal Distributable Amount With respect to any Distribution Date, the sum of (i) the First Priority Principal Distributable Amount, (ii) the Second Priority Principal Distributable Amount, (iii) the Third Priority Principal Distributable Amount and (iv) the Fourth Priority Principal Distributable Amount, each as of such Distribution Date. Aggregate Principal Balance of Non-Subvented Receivables: As of any date, the present value as of such date of all scheduled monthly payments on all of the Non-Subvented Receivables (other than Liquidating Receivables) held by the Issuing Entity on such date which have not been applied on or prior to such date (determined after taking into account any Warranty Payments and Administrative Purchase Payments in respect of such Receivables), with each Receivable being discounted from the last day of the calendar month in which payments are to become due to such date at the greater of the Discount Rate and the Annual Percentage Rate.
Additional First Lien Obligations means all amounts owing to any Additional First-Lien Secured Party (including the Initial Additional First-Lien Secured Parties) pursuant to the terms of any Additional First-Lien Document (including the Initial Additional First-Lien Documents), including, without limitation, all amounts in respect of any principal, premium, interest (including any interest accruing subsequent to the commencement of a Bankruptcy Case at the rate provided for in the respective Additional First-Lien Document, whether or not such interest is an allowed claim under any such proceeding or under applicable state, federal or foreign law), penalties, fees, expenses, indemnifications, reimbursements, damages and other liabilities, and guarantees of the foregoing amounts.
Priority Principal Distributable Amount means, with respect to any Distribution Date, the excess, if any, of the Note Balance of the Class A Notes as of the day preceding such Distribution Date over the Pool Balance as of the last day of the preceding Collection Period; provided, however, that the Priority Principal Distributable Amount for each Distribution Date on and after the Class Final Distribution Date for any Class of Class A Notes shall equal the greater of (i) the amount otherwise calculated pursuant to this definition and (ii) the outstanding principal balance of the Class A Notes of such Class as of the day preceding such Distribution Date.
Debt Repayment Triggering Event means any event or condition which gives, or with the giving of notice or lapse of time would give, the holder of any note, debenture or other evidence of indebtedness (or any person acting on such holder’s behalf) the right to require the repurchase, redemption or repayment of all or a portion of such indebtedness by the Company or any of its subsidiaries.
Discharge of Senior Obligations means the date on which the Discharge of Credit Agreement Obligations and the Discharge of each Additional Senior Debt Facility has occurred.
Second Priority Principal Payment means, for a Payment Date, the greater of:
Senior Secured Credit Facilities means the amended and restated senior secured credit facilities dated November 30, 2016 among Studio City Company Limited, the guarantors named therein, the financial institutions named as lenders therein and the agent for such lenders, including any related notes, guarantees, collateral documents, instruments and agreements executed in connection therewith, as such facilities may be amended, restated, modified, renewed, supplemented, replaced or refinanced from time to time.
Default Under First Lien With respect to each Second Lien Loan, the related First Lien Loan related thereto is in full force and effect, and there is no default, breach, violation or event which would permit acceleration existing under such first Mortgage or Mortgage Note, and no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event which would permit acceleration thereunder;
Discharge of ABL Obligations has the meaning specified in the Intercreditor Agreement.
Third Priority Principal Distributable Amount With respect to any Distribution Date, an amount, not less than zero, equal to the difference between (i) the excess, if any, of (a) the aggregate outstanding principal balance of the Class A Notes, the Class B Notes and the Class C Notes as of the preceding Distribution Date (after giving effect to any principal payments made on the Class A Notes, the Class B Notes and the Class C Notes on such preceding Distribution Date) over (b) the Aggregate Receivables Principal Balance as of the close of business on the last day of the immediately preceding Monthly Period, and (ii) the sum of (a) the First Priority Principal Distributable Amount, if any, with respect to such Distribution Date and (b) the Second Priority Principal Distributable Amount, if any, with respect to such Distribution Date.
Discharge of Second Lien Obligations means the occurrence of all of the following:
First Lien Last Out Loan Any Collateral Obligation that would be a Senior Secured Loan except that, following a default, such Collateral Obligation becomes fully subordinated to other senior secured loans of the same Obligor and is not entitled to any payments until such other senior secured loans are paid in full.
Indenture Default means, with respect to any Indenture, any Event of Default (as such term is defined in such Indenture) thereunder.
Second Priority Principal Distribution Amount means, with respect to any Payment Date, an amount equal to (a) the excess, if any, of (i) the Note Balance as of such Payment Date (before giving effect to any principal payments made on the Class A Notes and the Class B Notes on such Payment Date), over (ii) the Adjusted Pool Balance for such Payment Date minus (b) the First Priority Principal Distribution Amount for such Payment Date; provided, however, that the Second Priority Principal Distribution Amount on the Class B Final Scheduled Payment Date shall not be less than the amount that is necessary to reduce the outstanding principal amount of the Class B Notes to zero.
priority date means the date of the earlier application that serves as the basis for the right of priority provided for in the Paris Convention;
Senior Credit Facility shall include any agreement (i) changing the maturity of any Indebtedness Incurred thereunder or contemplated thereby, (ii) adding Subsidiaries of the Company as additional borrowers or guarantors thereunder, (iii) increasing the amount of Indebtedness Incurred thereunder or available to be borrowed thereunder or (iv) otherwise altering the terms and conditions thereof.
Secured Longer-Term Indebtedness means, as at any date, Indebtedness for borrowed money (other than Indebtedness hereunder) of the Borrower (which may be Guaranteed by Subsidiary Guarantors) that (a) has no amortization (other than for amortization in an amount not greater than 1% of the aggregate initial principal amount of such Indebtedness per annum (or an amount in excess of 1% of the aggregate initial principal amount of such Indebtedness per annum on terms mutually agreeable to the Borrower and the Required Lenders)) or mandatory redemption, repurchase or prepayment prior to, and a final maturity date not earlier than, six months after the Maturity Date; (b) is incurred pursuant to documentation containing (i) financial covenants, covenants governing the borrowing base, if any, covenants regarding portfolio valuations, and events of default that are no more restrictive in any respect than those set forth in this Agreement (other than, if such Indebtedness is governed by a customary indenture or similar instrument, events of default that are customary in indentures or similar instruments and that have no analogous provisions in this Agreement or credit agreements generally) (provided that, upon the Borrower’s request, this Agreement will be deemed to be automatically amended (and, upon the request of the Administrative Agent or the Required Lenders, the Borrower and the Lenders shall enter into a document evidencing such amendment), mutatis mutandis, to make such covenants more restrictive in this Agreement as may be necessary to meet the requirements of this clause (b)(i)) and (ii) other terms (other than interest and any commitment or related fees) that are no more restrictive in any material respect than those set forth in this Agreement; and (c) ranks pari passu with the obligations under this Agreement and is not secured by any assets of any Person other than any assets of any Obligor pursuant to the Security Documents and the holders of which, or the agent, trustee or representative of such holders on behalf of and for the benefit of such holders, have agreed to be bound by the provisions of the Security Documents in a manner reasonably satisfactory to the Administrative Agent and the Collateral Agent. For the avoidance of doubt, (a) Secured Longer-Term Indebtedness shall also include any refinancing, refunding, renewal or extension of any Secured Longer-Term Indebtedness so long as such refinanced, refunded, renewed or extended Indebtedness continues to satisfy the requirements of this definition and (b) any payment on account of Secured Longer-Term Indebtedness shall be subject to Section 6.12.