Prepetition Second Lien Agent definition

Prepetition Second Lien Agent means Cerberus Business Finance, LLC, a Delaware limited liability company, as the administrative agent on behalf of the Prepetition Second Lien Lenders under the Prepetition Second Lien Credit Agreement (and not in its individual capacity), and any successor agent duly appointed under the Prepetition Second Lien Credit Agreement.

Prepetition Second Lien Agent means Wilmington Trust, National Association, in its capacity as successor administrative agent and successor collateral agent under the Prepetition Second Lien Loan Agreement and the other Prepetition Second Lien Loan Documents, and its successors and assigns.

Prepetition Second Lien Agent means UMB Bank, N.A., in its capacities as administrative agent and collateral agent under the Prepetition Second Lien Loan Documents, or

Examples of Prepetition Second Lien Agent in a sentence

• The Prepetition Second Lien Agent shall be deemed to be the Holder of all Prepetition Second Lien Credit Agreement Claims, as applicable, for purposes of distributions to be made hereunder, and all distributions on account of such Prepetition Second Lien Credit Agreement Claims shall be made to or on behalf of the Prepetition Second Lien Agent.

• The Prepetition Second Lien Agent shall hold or direct such distributions for the benefit of the Holders of Allowed Prepetition Second Lien Credit Agreement Claims, as applicable.

• Without limiting the foregoing, the Reorganized Debtors shall pay in Cash all reasonable and documented fees and expenses (including any agency fees and fees and expenses of counsel) of the Prepetition First Lien Agent and the Prepetition Second Lien Agent incurred after the Effective Date (including in connection with any termination statements, instruments of satisfaction, or releases of Liens) in the ordinary course of business and without application or notice to, or order of, the Bankruptcy Court.

• All distributions to Holders of Prepetition First Lien Claims and Prepetition Second Lien Claims shall be deemed completed when made to such Holders as reflected on the applicable Registers, and not to any of the Prepetition First Lien Agent or the Prepetition Second Lien Agent.

• Unless otherwise ordered by the Court, the applicable Debtors shall execute and deliver to the DIP Agent and/or the Prepetition First Lien Agent and/or the Prepetition Second Lien Agent, as applicable, all such financing statements, mortgages, notices and other documents as such parties may reasonably request to evidence, confirm, validate or perfect, or to insure the contemplated priority of, the DIP Liens and the Adequate Protection Liens, as applicable, granted pursuant hereto.

• The Debtors or the Reorganized Debtors (as the case may be), the Distribution Agent, the Prepetition First Lien Agent and the Prepetition Second Lien Agent shall have no obligation to recognize any transfer of the Claims occurring on or after the Distribution Record Date.

• The primary factor causing this observation was a lack of controls over (i) trading with counterparties without an LEI and (ii) the input of counterparty information, such as the LEI, into the reporting system.

• Notwithstanding the foregoing, any materially adverse amendment, modification, or waiver of the rights, duties, benefits, and protections granted to the Prepetition First Lien Agent or Prepetition Second Lien Agent hereunder shall require the prior written consent (which consent shall not be unreasonably withheld or delayed) of the Prepetition First Lien Agent or Prepetition Second Lien Agent, as applicable.

• Notwithstanding anything in the Plan to the contrary, and without limiting the exculpation and release provisions of the Plan, the Prepetition Second Lien Agent shall not have any liability to any person with respect to distributions made or directed to be made by the Prepetition Second Lien Agent.

• The Prepetition First Lien Agent and the Prepetition Second Lien Agent shall not act as Distribution Agent with respect to any distributions of Reorganized First Lien Term Loans, New Common Stock, New Warrants, or except as expressly provided in the Plan or in the Confirmation Order, any other distributions under the Plan and shall have no responsibility or liability for such distributions.

More Definitions of Prepetition Second Lien Agent

Prepetition Second Lien Agent means Ares Capital Corporation in its capacity as the administrative agent under the Prepetition Second Lien Credit Agreement.

Prepetition Second Lien Agent means Wilmington Savings Fund Society, FSB, in its capacity as administrative and collateral agent with respect to the Prepetition Second Lien Credit Agreement (as successor to Morgan Stanley Senior Funding, Inc. in such capacity).

Prepetition Second Lien Agent means The Bank of New York Mellon, as administrative agent and collateral agent (in such capacity and together with its successors in either or both of such capacities) under the Prepetition Second Lien Loan Agreement as set forth under the 2012 Final DIP Order.

Prepetition Second Lien Agent means Wilmington Savings Fund Society, FSB, in its capacity as the successor administrative agent and collateral agent under the Prepetition Second Lien Loan Documents.

Prepetition Second Lien Agent means Cortland Capital Markets LLC (as successor to Royal Bank of Canada), as Prepetition Second Lien Administrative Agent and Prepetition Second Lien Collateral Agent.

Prepetition Second Lien Agent means Goldman Sachs Specialty Lending Group, L.P. and any successor “administrative agent” under the Prepetition Second Lien Credit Agreement.