Primary Senior Debt definition

Primary Senior Debt means (a) the Bank Credit Agreement and (b) any other credit, loan or borrowing facility or note purchase agreement by the Company or any Subsidiary providing, in each case, for the incurrence of Senior Funded Debt in a principal amount equal to or greater than $120,000,000, in each case under clauses (a) and (b) as amended, restated, supplemented or otherwise modified and together with increases, refinancings and replacements thereof; provided that for purposes of compliance with Section 9.7 only, “Primary Senior Debt” shall exclude the Folgers Bank Credit Agreement and the ▇▇▇▇▇▇▇ LLC Debt (but it shall include any refinancings, extensions or replacements of the Folgers Bank Credit Agreement and/or the ▇▇▇▇▇▇▇ LLC Debt).”

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Primary Senior Debt means, collectively, the following:

Primary Senior Debt means (a) the Bank Credit Agreement and (b) any other credit, loan or borrowing facility or note purchase agreement by the Company or any Subsidiary providing, in each case, for the incurrence of Senior Funded Debt in a principal amount equal to or greater than $120,000,000, in each case under clauses (a) and (b) as amended, restated, supplemented or otherwise modified and together with increases, refinancings and replacements thereof; provided that for purposes of compliance with Section 9.8 only, “Primary Senior Debt” shall exclude the Folgers Bank Credit Agreement (but it shall include any refinancings, extensions or replacements of the Folgers Bank Credit Agreement).

Examples of Primary Senior Debt in a sentence

No modification or amendment of any Primary Senior Debt that results in any Financial Covenant becoming less restrictive on the Company shall be effective as a modification, amendment or waiver under this Agreement.
In connection with the Trustee assuming the role of an “Additional Primary Senior Debt Agent” as defined in the Intercreditor Agreement (a) the Trustee shall be indemnified by the Company against any and all costs, expenses and liabilities incurred by the Trustee and (b) the Trustee shall be indemnified by the Holders against any liabilities incurred by the Trustee pursuant to Section 3.4 of the Intercreditor Agreement.
The Trustee shall be an “Additional Primary Senior Debt Agent” on behalf of the Holders of the Notes in accordance with Section 6.12 of the Intercreditor Agreement and shall assume the duties of the aforementioned “Additional Primary Senior Debt Agent” as required by the Intercreditor Agreement.
With respect to the 2004 Agent or the 2009 Agent (each as administrative agent and not as a 2004 Bank or 2009 Bank, as applicable), any Noteholder, any Additional Primary Senior Debt Agent (as administrative agent or representative and not as a holder of the applicable Additional Primary Senior Debt), or any Additional Primary Senior Debt Holder such acknowledgement shall be in the form of Annex II attached hereto.
Notwithstanding the foregoing, to the extent that any amounts available for distribution pursuant to this Section 3.2 are attributable to the Bank Guarantied Obligations or Additional Primary Senior Debt Guarantied Obligations that relate to undrawn amounts under the Letters of Credit, such amounts shall be held in a reserve or other account unavailable to the Company or any Subsidiary Guarantor (the “Reserve Account”) to be established by the Distribution Agent.
Upon the execution and delivery of such Joinder Agreement such entity or entities shall be an “Additional Primary Senior Debt Agent” or an “Additional Primary Senior Debt Holder”, as applicable, and a “Lender”, and the obligations which constitute such Additional Primary Debt shall in all cases be considered and have the benefits of “Additional Primary Senior Debt”, in each case for all purposes of this Agreement.
Amounts in the Reserve Account shall be used from time to time to pay the applicable Bank Guarantied Obligations or Additional Primary Senior Debt Guarantied Obligations in respect of the Letters of Credit as they become due.
This Agreement shall terminate upon the payment in full of all Guarantied Obligations and the termination of each of the Bank Guaranty Agreements, each of the Noteholder Guaranty Agreements and each of the Additional Primary Senior Debt Guaranty Agreements.
The obligations of the Lenders and the Distribution Agent under this Section 3.4 shall survive the repayment of the Guarantied Obligations and termination of the Bank Guaranty Agreements, the Noteholder Guaranty Agreements and the Additional Primary Senior Debt Guaranty Agreements.
If no Distribution Agent shall have been appointed by the Requisite Lenders and accepted appointment in the manner hereinafter provided within 30 days after a Sharing Event, the 2004 Agent, the 2009 Agent, any Noteholder, any Additional Primary Senior Debt Agent or any Additional Primary Senior Debt Holder may petition any court of competent jurisdiction for the appointment of the Distribution Agent.

More Definitions of Primary Senior Debt

Primary Senior Debt means (a) the 2004 Bank Credit Agreement, (b) the 2009 Bank Credit Agreement and (c) any other credit, loan or borrowing facility or note purchase agreement by the Company or any Subsidiary providing, in each case, for the incurrence of Senior Funded Debt in a principal amount equal to or greater than $120,000,000, in each case under clauses (a), (b) and (c) as amended, restated, supplemented or otherwise modified and together with increases, refinancings and replacements thereof.