Permitted Refinancing Loan Documents definition

Permitted Refinancing Loan Documents means any and all agreements, documents and instruments executed in connection with a Permitted Refinancing of Senior Indebtedness. Proceeding is defined in subsection 2.3. Senior Indebtedness shall mean the obligations, liabilities and other amounts owed under the Purchase Agreement, the Notes or any other Loan Document including all interest, fees, expenses, indemnities and enforcements costs, whether before or after the commencement of a Proceeding and without regard to whether or not an allowed claim, and all obligations and liabilities incurred with respect to Permitted Refinancings, together with any amendments, restatements, modifications, renewals or extensions of any thereof. Subordinated Creditor shall mean Bxxxxx Trust, each “Subordinated Creditor” which is signatory to this Agreement from time to time and any other holders of a Subordinated Note or any other Subordinated Indebtedness from time to time.

Permitted Refinancing Loan Documents means any and all agreements, documents and instruments executed in connection with a Permitted Refinancing of Senior Indebtedness. PROCEEDING is defined in subsection 2.3. SENIOR INDEBTEDNESS shall mean the obligations, liabilities and other amounts owed under the Purchase Agreement, the Notes or any other Loan Document including all interest, fees, expenses, indemnities and enforcements costs, whether before or after the commencement of a Proceeding and without regard to whether or not an allowed claim, and all obligations and liabilities incurred with respect to Permitted Refinancings, 2 CHI02_60483238_1_208239_00102 together with any amendments, restatements, modifications, renewals or extensions of any thereof. SUBORDINATED CREDITOR shall mean Xxxxxx Trust, each "Subordinated Creditor" which is signatory to this Agreement from time to time and any other holders of a Subordinated Note or any other Subordinated Indebtedness from time to time. SUBORDINATED DEFAULT shall mean a default in the payment of the Subordinated Indebtedness, or performance of any term, covenant or condition contained in the Subordinated Indebtedness Documents or the occurrence of any event or condition, which default, event or condition permits any Subordinated Creditor to accelerate or demand payment of all or any portion of the Subordinated Indebtedness.

Permitted Refinancing Loan Documents means, with respect to any Indebtedness, any financing documentation which replaces the documentation relating to such Indebtedness, and pursuant to which such Indebtedness is refinanced (in each case in accordance with then applicable Documents or Permitted Refinancing Loan Documents, as the case may be), as such financing documentation may be amended, restated, supplemented, or otherwise modified from time to time.

Examples of Permitted Refinancing Loan Documents in a sentence

• Each Subordinated Creditor agrees that it will not, and will not encourage any other Person to, at any time, contest the validity, perfection, priority or enforceability of the Senior Indebtedness or Liens in the Collateral granted to Agent and the Lenders pursuant to the Purchase Agreement, the other Loan Documents or the Permitted Refinancing Loan Documents or accept or take any collateral security for the Subordinated Indebtedness.

• Each Subordinated Creditor agrees that it will not, and will not encourage any other Person to, at any time, contest the validity, perfection, priority or enforceability of the Senior Indebtedness or Liens in the Collateral granted to Collateral Agent pursuant to the Purchase Agreement, the other Loan Documents or the Permitted Refinancing Loan Documents or accept or take any collateral security for the Subordinated Indebtedness.

• Each Subordinated Creditor agrees that it will not, and will not encourage any other Person to, at any time, contest the validity, perfection, priority or enforceability of the Senior Indebtedness or Liens in the Collateral granted to Senior Agent pursuant to the Credit Agreement, the other Loan Documents or the Permitted Refinancing Loan Documents or accept or take any collateral security for the Subordinated Indebtedness (other than Permitted Judgment Liens).

• Each Second Lien Creditor acknowledges and agrees that (a) the grants of Liens pursuant to the Loan Documents (or Permitted Refinancing Loan Documents) and the Subordinated Indebtedness Documents constitute two separate and distinct grants of Liens and (b) because of their differing rights in the Collateral, the Second Lien Loans are fundamentally different from the Senior Indebtedness and must be separately classified in any plan of reorganization proposed or adopted in an Proceeding.

• Permitted Refinancing shall mean any refinancing of the Senior Indebtedness under the Loan Documents, provided, that the financing documentation entered into by Obligors in connection with such Permitted Refinancing constitutes Permitted Refinancing Loan Documents.

More Definitions of Permitted Refinancing Loan Documents

Permitted Refinancing Loan Documents means any and all agreements, documents and instruments executed in connection with a Permitted Refinancing of Senior Indebtedness. Proceeding is defined in subsection 2.3. Senior Indebtedness shall mean the obligations, liabilities and other amounts owed under the Purchase Agreement, the Note or any other Loan Document including all interest, fees, expenses, indemnities and enforcements costs, whether before or after the commencement of a Proceeding and without regard to whether or not an allowed claim, and all obligations and liabilities incurred with respect to Permitted Refinancings, together with any amendments, restatements, modifications, renewals or extensions of any thereof. Subordinated Creditor shall mean the “Subordinated Creditor” that is a signatory to this Agreement and any other holder of the Subordinated Note or any other Subordinated Indebtedness from time to time as permitted hereunder.

Permitted Refinancing Loan Documents means any financing documentation which replaces the Transaction Documents and pursuant to which the Senior Obligations under the Transaction Documents are refinanced, as such financing documentation may be amended, restated, supplemented or otherwise modified from time to time as permitted hereunder.

Permitted Refinancing Loan Documents means any and all agreements, documents and instruments executed in connection with a Permitted Refinancing of Senior Debt.

Permitted Refinancing Loan Documents means any and all agreements, documents and instruments executed in connection with a Permitted Refinancing of Senior Indebtedness. Proceeding is defined in subsection 2.3.

Permitted Refinancing Loan Documents means any and all agreements, documents and instruments executed in connection with a Permitted Refinancing of Senior Indebtedness. Proceeding is defined in subsection 2.3. Purchaser shall mean holders of Senior Indebtedness including, without limitation, any holder of any Senior Indebtedness after the consummation of any Permitted Refinancing. Senior Indebtedness shall mean the obligations, liabilities and other amounts owed under the Purchase Agreement, the Note or any other Loan Document including all interest, fees, expenses, indemnities and enforcements costs, whether before or after the commencement of a Proceeding and without regard to whether or not an allowed claim, and all obligations and liabilities incurred with respect to Permitted Refinancings, together with any amendments, restatements, modifications, renewals or extensions of any thereof. Subordinated Creditor shall mean the "Subordinated Creditor" which is signatory to this Agreement and any other holders of the Subordinated Note or any other Subordinated Indebtedness from time to time as permitted hereunder.

Permitted Refinancing Loan Documents means any financing documentation which replaces the Loan Documents or any prior Permitted Refinancing Loan Documents and pursuant to which the Senior Indebtedness under the Loan Documents or such prior Permitted Refinancing Loan Documents is refinanced in its entirety, as such financing documentation may be amended, supplemented, restated or otherwise modified from time to time as permitted hereunder, 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 Loan Documents or the prior Permitted Refinancing Loan Documents, as applicable, or (b) could be included in the Loan Documents or such prior Permitted Refinancing Loan Documents by an amendment or other modification that would not be prohibited by the terms of this Agreement.

Permitted Refinancing Loan Documents means any financing documentation which replaces the Senior Debt Documents and pursuant to which the Senior Indebtedness under the Senior Debt Documents is refinanced, as such financing documentation may be amended, supplemented, restated or otherwise modified from time to time as permitted hereunder, 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 Senior Debt Documents or (b) could be included in the Senior Debt Documents by an amendment or other modification that would not be prohibited by the terms of this Agreement.