Permitted Refinancing Documents definition

Permitted Refinancing Documents means a Permitted Refinancing Agreement and each other document executed in connection therewith that is a “financing document” (or such other similar term).

Permitted Refinancing Documents means any financing documentation which replaces (i) the First Lien Credit Agreement and the other First Lien Loan Documents and pursuant to which the outstanding First Lien Obligations are refinanced in their entirety or in part, as such financing documentation may be amended, restated, amended and restated, supplemented, waived and/or otherwise modified from time to time in compliance with this Agreement, but specifically excluding any such financing documentation to the extent that it contains, either initially or by amendment or other modification, any terms, conditions, covenants or defaults other than those which (a) then exist in the First Lien Credit Agreement and the other First Lien Loan Documents or (b) could be included in the First Lien Credit Agreement or First Lien Loan Documents by an amendment or other modification that would not be prohibited by the terms of this Agreement or (ii) the Second Lien Credit Agreement and the other Second Lien Loan Documents and pursuant to which the outstanding Second Lien Obligations are refinanced in their entirety or in part, as such financing documentation may be amended, restated, amended and restated, supplemented, waived and/or otherwise modified from time to time in compliance with this Agreement, but specifically excluding any such financing documentation to the extent that it contains, either initially or by amendment or other modification, any terms, conditions, covenants or defaults other than those which (a) then exist in the Second Lien Credit Agreement and the other Second Lien Loan Documents or (b) could be included in the Second Lien Credit Agreement and the other Second Lien Loan Documents by an amendment or other modification that would not be prohibited by the terms of this Agreement.

Permitted Refinancing Documents means any financing documentation which replaces the Senior Facility Loan Documents or any Permitted Refinancing Document, as the case may be, and pursuant to which the outstanding Senior Facility Debt under the Senior Facility Loan Documents or such Permitted Refinancing Documents, as the case may be, is refinanced, as such financing documentation may be amended, supplemented, restated, refinanced or otherwise modified from time to time in compliance with this Subordination and Intercreditor Agreement, but specifically excluding any such financing documentation to the extent that it contains any provision violating Section 5.7 hereof.

Examples of Permitted Refinancing Documents in a sentence

• Promptly after the furnishing thereof, copies of any financial statement, material report or material notice furnished to or by any Person pursuant to the terms of any preferred stock designation, indenture, loan or credit or other similar agreement (including, without limitation, the Permitted Additional Debt Documents and the Permitted Refinancing Documents), other than this Agreement and not otherwise required to be furnished to the Lenders pursuant to any other provision of this Section 8.01.

• Promptly, copies of any amendment, modification or supplement to any of the Permitted Additional Debt Documents or the Permitted Refinancing Documents, or the certificate of formation, partnership agreement, limited liability company agreement, articles of incorporation, by-laws, any preferred stock designation or any other organic document of any Loan Party.

• The Company will not permit any of its Subsidiaries to effect, or to grant any right relating to, the registration of its securities (except upon the exercise of foreclosure remedies under the Permitted Debt Documents and Permitted Refinancing Documents).

• Promptly, copies of any amendment, modification or supplement to any of the Second Lien Term Loan Documents or the Permitted Refinancing Documents, or the certificate of formation, partnership agreement, limited liability company agreement, articles of incorporation, by-laws, any preferred stock designation or any other organic document of any Loan Party.

• Promptly after the furnishing thereof, copies of any financial statement, material report or material notice furnished to or by any Person pursuant to the terms of any preferred stock designation, indenture, loan or credit or other similar agreement (including, without limitation, the Senior Notes Documents and the Permitted Refinancing Documents), other than this Agreement and not otherwise required to be furnished to the Lenders pursuant to any other provision of this Section 8.01.

More Definitions of Permitted Refinancing Documents

Permitted Refinancing Documents means any credit agreement, notes, indenture, agreement, instrument or other definitive document governing, evidencing or related to, or securing, guaranteeing or otherwise providing credit support for, any Permitted Refinancing Debt, as the same may be amended, modified or supplemented to the extent permitted by Section 9.04(b).

Permitted Refinancing Documents means any financing documentation which replaces the Senior Notes, the Refinanced Debt Agreement, the Senior Notes Documents or the Refinanced Debt Documents, pursuant to which the outstanding Senior Notes or the Refinanced Debt is refinanced in its entirety by the incurrence of Permitted Refinancing Debt, as the same may be amended, modified or supplemented in accordance with Section 9.04(b).

Permitted Refinancing Documents means any financing documentation which replaces the Second Lien Term Loan Agreement, the Refinanced Debt Agreement, the Second Lien Term Loan Documents or the Refinanced Debt Documents, pursuant to which the outstanding Second Lien Term Debt or the Refinanced Debt is refinanced in its entirety by the incurrence of Permitted Refinancing Debt; provided that, in the case of any Permitted Refinancing Debt that is secured Debt, such financing documentation shall be in form and substance satisfactory to the Majority Lenders in their discretion, as the same may be amended, modified or supplemented in accordance with Section 9.04(b).

Permitted Refinancing Documents means any loan agreement, credit agreement, guaranties, mortgages, deeds of trust, security agreements, pledge agreements, or similar financing documentation which replaces the Second Lien Credit Agreement or the Second Lien Loan Documents, pursuant to which outstanding Second Lien Debt is refinanced by the incurrence of Permitted Refinancing Debt; provided that, in the case of any Permitted Refinancing Debt that is secured Debt, the loan agreement or credit agreement and other financing documentation for such Permitted Refinancing Debt shall not contain financial covenants, negative covenants or defaults other than financial covenants, negative covenants and defaults which (a) taken as a whole, are not more onerous to the Borrower and its Subsidiaries than those imposed by the Refinanced Debt and (b) are otherwise not prohibited by the Intercreditor Agreement that is applicable to, and in effect at the time of the incurrence of, such Permitted Refinancing Debt.”

Permitted Refinancing Documents means any financing documentation which replaces the then existing ABL Loan Documents or Term Debt Documents and pursuant to which the ABL Loans under the then existing ABL Loan Documents or the Term Debt under the then existing Term Debt Documents are refinanced or replaced, as such documentation may be amended, restated, amended and restated, supplemented or otherwise modified from time to time in compliance with this Agreement but specifically excluding any such financing documentation to the extent it contains, either initially or by amendment or other modification, any material terms or conditions other than those which (a) exist in the then existing ABL Loan Documents or Term Debt Documents, as applicable, (b) could be included in the then existing ABL Loan Documents or Term Debt Documents, as applicable by an amendment or other modification that would not be prohibited by the terms of this Agreement (including, without limitation, any provision that would cause the ABL Debt Cap or the Term Debt Cap to be exceeded) or (c) are otherwise approved in writing by the ABL Lenders or Term Note Purchaser, as applicable.

Permitted Refinancing Documents means the agreements, documents and instruments executed in connection with any extension, refinancing, refunding or renewal of any Funded Debt and/or Current Debt under any Permitted Debt Documents, provided that the terms and conditions of such agreements, documents and instruments, including, without limitation, all Restricted Payment Provisions, are no more restrictive upon the Company and/or any of its Subsidiaries and no more adverse to the interests of the holder of any of the Securities than those of the Permitted Debt Documents being extended, refinanced, refunded or renewed.

Permitted Refinancing Documents means, collectively, in respect of any Permitted Refinancing Debt, the trust indenture or credit agreement governing such Permitted Refinancing Debt, the notes in respect of any trust indenture governing such Permitted Refinancing Debt, all guarantees of the obligations of such Permitted Refinancing Debt and all other material agreements, instruments or other documents evidencing, governing or relating to, or entered into in connection with, such Permitted Refinancing Debt.