Prepetition Second Lien Credit Agreement definition

Prepetition Second Lien Credit Agreement means that that certain Second Lien Credit Agreement dated as of January 11, 2016, by and among the Borrower, the Prepetition Second Lien Administrative Agent, and the various lenders party thereto from time to time, as it may be amended, supplemented, amended and restated or otherwise modified from time to time in accordance with the terms of this Agreement and the Financing Orders.

Prepetition Second Lien Credit Agreement means that certain Credit Agreement, dated as of March 19, 2012, by and among Sellers, the Prepetition Second Lien Agent and the Prepetition Second Lien Lenders, as amended, restated, supplemented or otherwise modified from time to time.

Prepetition Second Lien Credit Agreement means that certain Second Lien Credit and Guaranty Agreement, dated as of May 4, 2018, by and among FCI, as borrower, certain subsidiaries of FCI, as guarantor subsidiaries, GLAS Americas LLC as collateral agent (as successor to Wilmington Trust in such capacity), GLAS USA LLC, as administrative agent (as successor to Wilmington Trust in such capacity), and the Prepetition Second Lien Lenders, as amended, restated, modified or supplemented from time to time prior to the Commencement Date.

Examples of Prepetition Second Lien Credit Agreement in a sentence

• Notwithstanding the foregoing, all distributions of Cash on account of First Lien Claims or Second Lien Claims, if any, shall be deposited with the Prepetition First Lien Administrative Agent and the Prepetition Second Lien Administrative Agent, as applicable, for distribution to holders of First Lien Claims or Second Lien Claims in accordance with the terms of the Prepetition Credit Agreement, the Prepetition Second Lien Credit Agreement and the Prepetition Intercreditor Agreement.

• Except for the foregoing, subsequent to the performance by the Prepetition Second Lien Administrative Agent of its obligations pursuant to the Plan, the Prepetition Second Lien Administrative Agent and its agents shall be relieved of all further duties and responsibilities related to the Prepetition Second Lien Credit Agreement.

• Notwithstanding anything to the contrary herein, all rights under the Prepetition First Lien Credit Agreement and the Prepetition Second Lien Credit Agreement shall remain subject to the Prepetition Intercreditor Agreement.

• Class 4 consists of Second Lien Claims in the aggregate principal amount of $85,000,000 of term loans issued under the Prepetition Second Lien Credit Agreement, plus interest, fees, expenses and other amounts arising under the Prepetition Second Lien Credit Agreement.

• All distributions other than of Cash on account of First Lien Claims or Second Lien Claims, if any, may, with the consent of the Prepetition First Lien Administrative Agent and the Prepetition Second Lien Administrative Agent, be made by the Disbursing Agent directly to holders of First Lien Claims and Second Lien Claims in accordance with the terms of the Plan, the Prepetition First Lien Credit Agreement, the Prepetition Second Lien Credit Agreement and the Prepetition Intercreditor Agreement.

More Definitions of Prepetition Second Lien Credit Agreement

Prepetition Second Lien Credit Agreement means that certain second lien term loan and guarantee agreement, dated as of March 11, 2014, among Borrower, Holdings, the lenders party thereto and the Prepetition Second Lien Administrative Agent.

Prepetition Second Lien Credit Agreement means that that certain Second Lien Credit Agreement dated as of January 11, 2016, by and among SunEdison, Inc., Wilmington Savings Fund Society, FSB, and the various lenders party thereto from time to time, as it may be amended, restated, amended and restated, supplemented or otherwise modified from time to time.

Prepetition Second Lien Credit Agreement means that certain Second Lien Term Loan and Guarantee Agreement, dated as of March 11, 2014 (as amended, restated, modified or supplemented from time to time prior to the date of the Restructuring Support Agreement), among certain of the Debtors, the Prepetition Second Lien Lenders, and Morgan Stanley Senior Funding, Inc., in its capacity as administrative agent and collateral agent thereunder.

Prepetition Second Lien Credit Agreement means that certain Second Lien Credit Agreement, dated as of July 14, 2017 by and among Borrowers, the Prepetition Second Lien Agent, the Prepetition Second Lien Lenders and certain financial institutions from time to time party thereto as lenders, as the same may be amended, amended and restated, replaced, refinanced, supplemented or otherwise modified from time to time in accordance with the terms hereof.

Prepetition Second Lien Credit Agreement means the Credit Agreement (Second Lien), dated as of March 27, 2014, among the Company, as borrower, Holdings, as a guarantor, the Subsidiary Guarantors party thereto, the financial institutions from time to time parties thereto as lenders and U.S. Bank, as administrative agent, as amended, supplemented, amended and restated or otherwise modified or replaced from time to time.

Prepetition Second Lien Credit Agreement means that certain$65,000,000.00 Credit Agreement, dated as of July 21, 2006, as amended, restated, modified or waived from time to time, by, between and among BHM Technologies LLC, as borrower, the other Debtors and Non-Debtor Subsidiary, as guarantors, the Prepetition Second Lien Lenders and LCPI, in its then capacity as administrative agent, and each of their respective successors and assigns, and each of the pledge agreements, guaranteesguaranties, warrants and other agreements, instruments and documents executed and delivered in connection therewith.

Prepetition Second Lien Credit Agreement the obligations thereunder and under the related loan documents, the “Prepetition Second Lien Secured Obligations”; and the liens and security interests granted in connection therewith, the “Prepetition Second Lien Liens”) (the “Prepetition Second Lien Facility”). Permitted Liens Any valid liens (“Permitted Prior Liens”) that are (i) in existence on the Petition Date, (ii) either perfected as of the Petition Date or perfected subsequent to the Petition Date under section 546(b) of the Bankruptcy Code and (iii) senior in priority to the Prepetition First Lien Liens or by operation of applicable non-bankruptcy law. Interim and Final DIP Orders The order approving the DIP Facility on an interim basis, which shall be in form and substance, and upon terms and conditions, acceptable in all respects to the Loan Parties and the Required DIP Lenders (the “Interim DIP Order”), shall authorize and approve, among other matters, (i) the Loan Parties’ entry into the DIP Documents (as defined below), (ii) the making of the DIP Loans (as defined below), (iii) the granting of the superpriority claims and liens against the Loan Parties and their assets in accordance with the DIP Documents with respect to the DIP Collateral (as defined below), (iv) the payment of the DIP Backstop Premium (as defined in the Restructuring Term Sheet), (v) those items set forth below in “Stipulations, Waivers, Releases and Protections”, (vi) the use of Cash Collateral (as defined below), and (vii) the granting of adequate protection to the Prepetition First Lien Secured Parties and the Prepetition Second Lien Secured Parties (collectively, the “DIP Matters”). The order approving the DIP Facility on a final basis, which shall be in form and substance, and upon terms and conditions, acceptable in all respects to the Loan Parties and the Required DIP Lenders (the “Final DIP Order” and, together with the Interim DIP Order, the “DIP Orders”), shall authorize and approve among other matters, the DIP Matters.