New 1.5 Lien Notes definition

New 1.5 Lien Notes means those senior secured 1.5 lien notes to be issued by the Issuers in connection with the Exchange Offer or the Plan, as applicable, and having the terms set forth in the Transaction Term Sheet.
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New 1.5 Lien Notes means new senior secured 1.5 lien notes due 2024 issued by Reorganized MMLP, consistent with the terms and conditions set forth in the Restructuring Term Sheet.
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New 1.5 Lien Notes means in aggregate the $60,000,000 in new senior secured convertible payment-in-kind notes (comprised of the Initial Commitment Amount and Pro Rata Offering Amount) to be issued on the Effective Date pursuant to this Plan and the New 1.5 Lien Note Indenture;
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Examples of New 1.5 Lien Notes in a sentence

  • Such Backstop Party acknowledges that it (i) has been furnished with or has had full access to all the information that it considers necessary or appropriate to make an informed investment decision with respect to the New 1.5 Lien Notes and (ii) has had an opportunity to discuss with management of the Partnership the intended business and financial affairs of the Partnership and its Subsidiaries and to obtain information necessary to verify any information furnished to it or to which it had access.

  • On the Effective Date, the Debtors who are guarantors of the First Lien Claims and the Holders of the First Lien Claims, the New 1.5 Lien Notes and the New Second Lien Notes shall enter into the Intercreditor Agreement.

  • For the avoidance of doubt, to the extent payable in accordance with the terms of this Agreement, the Commitment Premium will be payable regardless of the amount of Unsubscribed New 1.5 Lien Notes (if any).

  • None of the Issuers, any Guarantors, any of their Affiliates, nor any person acting on its or their behalf (other than the Backstop Parties, as to which no statement is made), has engaged in any directed selling efforts with respect to the New 1.5 Lien Notes, and each of them has complied with the offering restrictions requirement of Regulation S under the Securities Act (“Regulation S”).

  • Such Backstop Party has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of its investment in the New 1.5 Lien Notes.

  • None of the Issuers or Guarantors is now, and after the sale of the New 1.5 Lien Notes and application of the net proceeds from such sale as described in the Offering Memorandum under the caption “Use of Proceeds” none of them will be, an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an investment company within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).

  • The Credit Parties shall satisfy their obligation to pay the applicable Commitment Premium on the Closing Date by issuing an additional principal amount of New 1.5 Lien Notes (rounding down to the nearest minimum denomination to avoid fractional notes) to each Backstop Party (or its Related Purchaser) equal to such Backstop Party’s Commitment Premium Amount or, in the event of a Fiduciary Out Termination by making a cash payment within three (3) Business Days.

  • None of the Issuers, any Guarantor or any of their Affiliates has, directly or through any person acting on its or their behalf (other than the Backstop Parties, as to which no statement is made), offered, solicited offers to buy or sold the New 1.5 Lien Notes by any form of general solicitation or general advertising (within the meaning of Regulation D or in any manner involving a public offering within the meaning of Section 4(a)(2)).

  • The committee is recommending the following textbook to move forward in the textbook adoption process:Cengage’s Sociology: The Essentials, 10th edition, written by Margaret Andersen and Howard Taylor, published in 2020.The cost for a class set (40) is $5,742.00 including estimated tax, shipping, and processing.

  • Such Backstop Party is not a party to any Contract with any Person (other than with respect to the Transaction Agreements) that would give rise to a valid Claim against the Issuers or any of the other Credit Parties for a brokerage commission, finder’s fee or like payment in connection with the Rights Offering or the issuance or sale of the New 1.5 Lien Notes to such Backstop Party.


More Definitions of New 1.5 Lien Notes

New 1.5 Lien Notes means in aggregate the CAD$60 million in new 10% PIK interest convertible secured notes to be issued prior to or concurrent with the completion of the Recapitalization Transaction. "New Shares" means all Common Shares of CWS issued to Senior Unsecured Noteholders pursuant to the Plan. "Noteholders" means, collectively, the Senior Unsecured Noteholders. "Proceedings" means the Company's proceedings under the CBCA pursuant to which the Plan shall be implemented. "Pro Forma Common Shares" means all of the issued and outstanding common shares of CWS, as at immediately following the Effective Time and taking into account the Existing Shareholder Shares and the New Shares, but not taking into account the Backstop Shares issued pursuant to the Plan, and subject to dilution pursuant to conversion of the New 1.5 Lien Notes. "Record Date" means July 13, 2020. "Second Lien Noteholders" means a holder or holders of the Second Lien Notes, in their capacity as such.
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New 1.5 Lien Notes means those senior secured 1.5 lien notes to be issued by the Company and Martin Midstream Finance Corp. in connection with the Exchange Offer or the Plan, as applicable, and having the terms set forth in the Term Sheet.
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New 1.5 Lien Notes means in aggregate the $60,000,000 in new senior secured convertible payment-in-kind notes to be issued on the effective date of the Plan of Arrangement.
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New 1.5 Lien Notes has the meaning set forth in the Term Sheet.
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Related to New 1.5 Lien Notes

  • Second Lien Notes has the meaning set forth in the recitals hereto.

  • First Lien Notes means the 8.000% first lien secured notes due April 1, 2027, issued by Frontier pursuant to the First Lien Notes Indenture.

  • Second Lien Notes Trustee “Second Lien Noteholder”, “High Yield Agent”, “HY Borrower”, “High Yield Creditor”, “High Yield Lender”, “Unsecured Agent”, “Unsecured Lender”, “Security Agent”, “Security Grantor”, “Senior Agent”, “Senior Arranger”, “Senior Borrower”, “Senior Creditor”, “Senior Guarantor”, “Senior Lender”, “Senior Secured Notes Guarantor”, “Senior Secured Notes Issuer”, “Senior Secured Notes Trustee”, “Senior Secured Noteholder”, “Subordinated Creditor”, “Permitted Affiliate Parent”, the “Company” or any other person shall be construed so as to include its successors in title, permitted assigns and permitted transferees and, in the case of the Security Agent, any person for the time being appointed as Security Agent or Security Agents in accordance with this Agreement;

  • Second Lien Notes Documents means the Second Lien Notes, the Second Lien Notes Indenture, the Second Lien Notes Security Documents and all other documents executed and delivered with respect to the Second Lien Notes or Second Lien Notes Indenture, as in effect on the Effective Date and as the same may be amended, modified and/or supplemented from time to time in accordance with the terms hereof and thereof.

  • Second Lien Notes Indenture has the meaning set forth in the recitals hereto.

  • First Lien Notes Indenture means that certain indenture agreement (as may have been amended, modified, supplemented, or amended and restated from time to time) dated November 6, 2017, among Windstream Services, LLC and Windstream Finance Corp., as co-issuers, the entities specified therein, as guarantors, and Delaware Trust Company, as successor to U.S. Bank National Association, as trustee and collateral agent.

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • Second Lien Noteholders means the holders of Second Lien Notes.

  • Senior Unsecured Notes means $2,000,000,000 in aggregate principal amount of the Borrower’s 9.000% senior notes due 2025 issued pursuant to the Senior Unsecured Notes Indenture on the Closing Date.

  • Senior Unsecured Notes Indenture means the Indenture dated as of July 20, 2011 among Xxxxx Fargo Bank, National Association, as trustee, the Borrower, as issuer, and the guarantors party thereto, as the same may be amended or supplemented from time to time.

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Refinancing Notes means any secured or unsecured notes or loans issued by the Borrower or any Subsidiary Loan Party (whether under an indenture, a credit agreement or otherwise) and the Indebtedness represented thereby; provided, that (a) (i) 100% of the Net Proceeds of such Refinancing Notes that are secured on a pari passu basis with the Term B-1 Loans are used to permanently reduce Loans and/or replace Commitments substantially simultaneously with the issuance thereof or (ii) 90% of the Net Proceeds of any other Refinancing Notes are used to permanently reduce Loans and/or replace Commitments substantially simultaneously with the issuance thereof; (b) the principal amount (or accreted value, if applicable) of such Refinancing Notes does not exceed the principal amount (or accreted value, if applicable) of the aggregate portion of the Loans so reduced and/or Commitments so replaced (plus unpaid accrued interest and premium (including tender premiums) thereon and underwriting discounts, defeasance costs, fees, commissions and expenses); (c) the final maturity date of such Refinancing Notes is on or after the Term Facility Maturity Date or the Revolving Facility Maturity Date, as applicable, of the Term Loans so reduced or the Revolving Facility Commitments so replaced; (d) the Weighted Average Life to Maturity of such Refinancing Notes is greater than or equal to the Weighted Average Life to Maturity of the Term Loans so reduced or the Revolving Facility Commitments so replaced, as applicable; (e) in the case of Refinancing Notes in the form of notes issued under an indenture, the terms thereof do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the Term Facility Maturity Date of the Term Loans so reduced or the Revolving Facility Maturity Date of the Revolving Facility Commitments so replaced, as applicable (other than customary offers to repurchase or mandatory prepayment provisions upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default); (f) the other terms of such Refinancing Notes (other than interest rates, fees, floors, funding discounts and redemption or prepayment premiums and other pricing terms), taken as a whole, are substantially similar to, or not materially less favorable to the Borrower and its Subsidiaries than the terms, taken as a whole, applicable to the Term B-1 Loans (except for covenants or other provisions applicable only to periods after the Latest Maturity Date in effect at the time such Refinancing Notes are issued), as determined by the Borrower in good faith (or, if more restrictive, the Loan Documents are amended to contain such more restrictive terms to the extent required to satisfy the foregoing standard); (g) there shall be no obligor in respect of such Refinancing Notes that is not a Loan Party; and (h) Refinancing Notes that are secured by Collateral shall be subject to the provisions of a Permitted Pari Passu Intercreditor Agreement or a Permitted Junior Intercreditor Agreement, as applicable.

  • Second Lien Note Documents means the Second Lien Note Indenture, the Second Lien Notes, the Second Lien Security Documents and each other document, instrument or agreement relating to the issuance of the Second Lien Notes, as the same may be amended, restated, supplemented, waived and/or otherwise modified from time to time in accordance with the terms thereof, of this Agreement and of the Intercreditor Agreement.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Secured Notes means those 7.625% Senior Secured Notes due 2021 issued by the Borrower pursuant to the Secured Notes Indenture.

  • Refinancing Equipment Notes and “Refinancing Trust” shall have the respective meanings assigned to such terms in the Intercreditor Agreement.

  • Senior Notes Claim means a Claim arising under or as a result of the Senior Notes.

  • Senior Secured Notes Documents means the Senior Secured Notes Indenture, the Senior Secured Notes Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any supplemental indenture, any security document relating to the Senior Secured Notes and/or the Senior Secured Notes Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Senior Secured Notes means the $1,875 million aggregate principal amount of 7.375% Senior Secured Notes due 2023 of the Borrower including, as the same may be amended, supplemented, waived or otherwise modified from time to time, including any senior secured exchange notes issued in lieu thereof.

  • Second Lien Facility means the second lien term loan facility under the Second Lien Credit Agreement.

  • Existing Notes means, collectively, the Existing Senior Guaranteed Notes and the Existing Senior Notes.

  • Senior Subordinated Notes means the Company's 10 1/2% Senior Subordinated Notes due 2009 issued pursuant to the Senior Subordinated Notes Indenture.

  • Unsecured Notes means the Borrower’s $700,000,000 10.75% Senior Notes due 2023 issued pursuant to the Unsecured Notes Indenture dated as of July 31, 2015.

  • Senior Secured Notes Indenture means (i) the Indenture dated October 8, 2014, among the Borrowers, the guarantors party thereto and the Trustee or (ii) if Senior Secured Notes are issued pursuant to clause (ii) of the definition thereof, the loan agreement or indenture governing such Senior Secured Notes.

  • Existing Notes Indentures means, collectively, the Existing Senior Notes Indentures and the Existing Senior Guaranteed Notes Indentures.