New Second Lien Notes Documents definition

New Second Lien Notes Documents means, collectively, the New Second Lien Notes Indenture, the New Second Lien Notes, the new guarantees to be provided by the New Notes Guarantors pursuant to the New Second Lien Notes Indenture and the new security documentation to be entered into pursuant to the New Second Lien Notes Indenture, in each case, in form acceptable to the Applicants and consistent with the terms set forth in the form of New Second Lien Notes Indenture filed by Sherritt on SEDAR on or about June 29, 2020, and as such terms may be amended pursuant to this Plan;

New Second Lien Notes Documents means the New Second Lien Notes, the New Second Lien Notes Agreement and any other guarantee, security agreement, deed of trust, mortgage, and other documents (including UCC financing statements), contracts, and agreements entered into with respect to, or in connection with, the New Second Lien Notes Agreement.

New Second Lien Notes Documents means any documentation governing the New Second Lien Notes, which shall include the New Second Lien Notes Indenture, the Intercreditor Agreement, and security documents (including a master consent to assignment consistent with the Master Consent to Assignment (as defined in the Credit Agreement)) consistent with the Transaction Term Sheet and in form and substance acceptable to the Required Consenting Senior Noteholders.

Examples of New Second Lien Notes Documents in a sentence

• On the Effective Date, Reorganized Debtor 21C shall issue, and the other Reorganized 21C Debtors shall guarantee, the New Second Lien Notes, the terms of which will be set forth in the New Second Lien Notes Documents.

• On the Effective Date, the Reorganized Debtors shall enter into the applicable ABL Exit Facility Documents (if any), the Takeback Debt Documents (if any), and the New Second Lien Notes Documents.

• On the Effective Date, pursuant to sections 1141(b) and (c) of the Bankruptcy Code, all property of the Debtor’s Estate shall vest in the Reorganized Debtor free and clear of all Claims, Liens, encumbrances, charges, and other interests, except as provided pursuant to the Plan, the Confirmation Order, the Exit Warehouse Facilities Documents, the Amended and Restated Credit Facility Documents, or the New Second Lien Notes Documents.

• In an Out-of-Court Restructuring, the Definitive Documents governing the Restructuring Transactions shall consist of the following: (a) this Agreement, including the Term Sheet; and (b) the Offering Memorandum and each of its exhibits and/or attachments, including the Plan and Disclosure Statement and their respective exhibits, the ballot(s) and other Solicitation Materials, the Backstop Agreement, the New 1.5 Lien Notes Documents, and the New Second Lien Notes Documents.

• Each federal, state, commonwealth, local, foreign, or other governmental agency is hereby authorized to accept any and all documents, mortgages, and instruments necessary or appropriate to effectuate, implement or consummate the transactions contemplated by the Prepackaged Plan (including but not limited to the Amended and Restated Credit Facility Documents, the Exit Warehouse Facilities Documents, the New Second Lien Notes Documents, the Amended Organizational Documents) and this Order.

More Definitions of New Second Lien Notes Documents

New Second Lien Notes Documents means the documents governing the New Second Lien Notes, which shall include an indenture, the Intercreditor Agreement, and security documents (including a master consent to assignment consistent with the Master Consent to Assignment (as defined in the First Lien Credit Agreement)) consistent with the Restructuring Term Sheet and in form and substance acceptable to the Required Consenting Senior Noteholders, including any amendments, modifications, and supplements thereto, and together with any notes, certificates, agreements, security agreements, documents, and instruments (including any amendments, restatements, supplements or modifications of any of the foregoing) related to or executed in connection therewith.

New Second Lien Notes Documents means any documentation governing the New Second Lien Notes, which shall include an indenture, the Intercreditor Agreement, and security documents (including a master consent to assignment consistent with the Master Consent to Assignment (as defined in the Credit Agreement)) consistent with the Term Sheet and in form and substance acceptable to the Required Consenting Senior Noteholders.

New Second Lien Notes Documents means the New Second Lien Notes Indenture, the New Intercreditor Agreement, and all instruments, security agreements, collateral agreements, guaranty agreements, pledges, and other documents delivered or executed in connection with the New Second Lien Notes.

New Second Lien Notes Documents means, collectively, (a) the New Second Lien Notes Indenture, and (b) all other agreements, documents, and instruments delivered or entered into in connection therewith (including any collateral agreement, guarantee agreements and intercreditor agreements).

New Second Lien Notes Documents means, collectively, (a) the New Second Lien Notes Indenture, and (b) all other agreements, documents, and instruments delivered or entered into in connection therewith (including any collateral agreement, guarantee agreements and intercreditor agreements), which documents shall be included in the Plan Supplement.

New Second Lien Notes Documents means, collectively, (a) the New Second Lien Notes Indenture, (b) the New Second Lien Notes, and (c) the other Note Documents (as defined in the New Second Lien Notes Indenture) and all other agreements, documents, and instruments delivered or entered into in connection therewith (including any collateral agreement, mortgage, guarantee agreement, and intercreditor agreement).

New Second Lien Notes Documents means, collectively, the New Second Lien Notes Indenture, the New Second Lien Notes, and each other agreement, security agreement, pledge agreement, Collateral assignments, mortgages, control agreements, guarantee, certificate, document or instrument executed and/or delivered in connection with any of the foregoing, whether or not specifically mentionedherein or therein, as the same may be modified, amended, restated, supplemented or replaced from time to time.