New Second Lien Notes definition

New Second Lien Notes means the new secured notes to be issued by Sherritt pursuant to the New Second Lien Notes Indenture and this Plan, which notes will be denominated in Canadian Dollars, be issued in an aggregate principal amount equal to 54% of the aggregate principal amount of Existing Notes outstanding as at the Effective Date plus the aggregate amount of all accrued and unpaid interest outstanding in respect of the Existing Notes (calculated at the contractual non-default rate) up to but not including the Effective Date, and be substantially on the terms set forth in the form of New Second Lien Notes Indenture filed by Sherritt on SEDAR on or about June 29, 2020, as such terms may be further amended pursuant to this Plan;

New Second Lien Notes means the secured notes contemplated under the New Second Lien Notes Agreement.

New Second Lien Notes means the $375,000,000 in an aggregate principal amount of newly issued second-lien senior notes issued on the Effective Date by CGG pursuant to the Second Lien Private Placement Agreement and guaranteed by the Guarantor Debtors pursuant to the New Second Lien Notes Indenture. The New Second Lien Notes will be subject to the New Intercreditor Agreement.

Examples of New Second Lien Notes in a sentence

• CDS and the applicable Intermediaries shall then make delivery of the New Second Lien Notes and the New Junior Notes to the ultimate beneficial recipients thereof entitled to receive the New Second Lien Notes and the New Junior Notes pursuant to this Plan pursuant to standing instructions and customary practices of CDS and such Intermediaries.

• The delivery of the New Second Lien Notes and the New Junior Notes to be issued to the Noteholders pursuant to this Plan shall be made by way of issuance by Amalgamated Sherritt on the Effective Date of: (a) a global note in respect of the New Second Lien Notes and (b) a global note in respect of the New Junior Notes, in each case issued in the name of CDS (or its nominee) in respect of the Noteholders.

• In consideration for entering into, and conditional on fulfilling the obligations under, the Backstop Commitment Agreement, the Backstop Parties shall be entitled to receive on the Effective Date a fee equal to 5% of the New Capital Offering Amount, which fee shall be applied by the Backstop Parties to acquire additional New Second Lien Notes on the Effective Date.

• The mechanism by which electing Holders of Allowed Term Facility Claims will exercise their put option to ensure that such Holders will obtain Cash in exchange for their allocation of New Second Lien Notes will be set forth in the supplemental election form.

• On the Petition Date, or as soon as practicable thereafter, the Debtors will file a motion (the “Escrow Motion”) requesting an order from the Bankruptcy Court finding that New LLC and the Escrow Issuer are non-Debtor entities and that any proceeds of the New First Lien Notes Offering and the New Second Lien Notes Offering or other assets held by New LLC and Escrow Issuer will not be deemed property of the Debtors’ Estates and will not be consolidated with the Debtors’ assets or Estates.

More Definitions of New Second Lien Notes

New Second Lien Notes means the new U.S. dollar 10.25% senior secured second lien notes due July 15, 2023, issued by the PNI (and guaranteed by PNCC and material restricted subsidiaries of PNCC and PNI) pursuant to the Plan and on terms and conditions acceptable to the Company and the Majority Second Lien Noteholder Supporting Parties. The terms of the New Second Lien Notes shall include the terms set forth on Schedule “C” hereto, customary terms and conditions of second lien note indentures and such other terms and conditions as may be agreed to by the Company and the Majority Second Lien Noteholder Supporting Parties.

New Second Lien Notes means the Second Priority Adjustable Senior Secured Notes issued by the Issuers.

New Second Lien Notes means the New Second Lien Notes due 2024 issued under that certain indenture, dated as of June 7, 2019, by and among the Issuers, Neiman Marcus Group, LLC, the Subsidiary Co-Issuer and Ankura Trust Company, LLC, as trustee.

New Second Lien Notes means any senior secured second lien notes issued by the Borrower for the purposes of refinancing its Indebtedness hereunder (or, on or prior to the Closing Date, its undrawn commitments hereunder).

New Second Lien Notes means those certain notes, in an aggregate principal amount of up to approximately $140 million, to be issued pursuant to the New Second Lien Indenture.

New Second Lien Notes has the meaning set forth in the Plan.

New Second Lien Notes means those senior secured 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.