Prior Creditors definition

Prior Creditors of a Guaranteed Issuer means creditors of that Guaranteed Issuer (including creditors in respect of the principal and interest payable in respect of Notes issued by that Guaranteed Issuer which do not constitute Primary Capital Indebtedness of that Guaranteed Issuer) except creditors in respect of Primary Capital Indebtedness of that Guaranteed Issuer;
Prior Creditors means creditors of the Issuer (including creditors in respect of the principal and interest payable in respect of notes issued or guaranteed by the Issuer which do not constitute Primary Capital Indebtedness) except creditors in respect of Primary Capital Indebtedness;
Prior Creditors means creditors of Unibanco (i) who benefit from a statutory preference or (ii) who are depositors or other unsubordinated creditors of Unibanco or (iii) whose claims are, or are expressed to be, subordinated (whether only in the event of the bankruptcy, liquidation, dissolution or winding up of Unibanco or otherwise) to the claims of depositors and other unsubordinated creditors of Unibanco and whose claims rank, or are expressed to rank, ahead of or senior to the claims of the Noteholders.

Examples of Prior Creditors in a sentence

  • The rights of Holders of Undated Subordinated Notes will, in the event of the winding up of the Issuer, be subordinated in right of payment to the claims of Prior Creditors (as defined in the Trust Deed) of the Issuer.

  • The rights of Holders of Undated Subordinated Notes will, in the event of the winding up of the Bank, be subordinated in right of payment to the claims of Prior Creditors (as defined in the Trust Deed) of the Bank.

  • The rights of the holders of the Undated Subordinated Notes and any relative Receipts and Coupons will, in the event of the Winding-Up (as defined in Condition 11.2) of the Issuer, be subordinated in right of payment to the claims of Prior Creditors.

  • The rights of the holders of Undated Subordinated Guaranteed Notes will, in the event of the winding-up of the relevant Guaranteed Issuer, be subordinated in right of payment to the claims of the Prior Creditors of that Guaranteed Issuer (as defined below).

  • The rights of the holders of Undated Subordinated Notes will, in the event of the winding up of DSB, be subordinated in right of payment to the claims of DSB Prior Creditors (as defined below).

  • The rights of the holders of the Undated Subordinated Notes will, in the event of the winding-up of DSB, be subordinated in right of payment to the claims of DSB Prior Creditors, all as further described in Condition 3(c).

  • No payments of amounts due under the Notes will be made to the Noteholders (and no claim in respect thereof shall be provable against Unibanco) following the commencement of the bankruptcy, liquidation, dissolution or winding up of Unibanco except where all sums payable by Unibanco in respect of all claims of Prior Creditors are paid in full or provision therefor has been made (in such circumstances such amounts which are permitted to be proved are referred to as the “Permitted Payments”).

  • Claims in respect of the Undated Subordinated Guarantee will, in the event of the winding-up of DSB, be subordinated in right of payment to the claims of DSB Prior Creditors, all as further described in Condition 3(f).

  • The Trustee shall not be deemed to owe any fiduciary or other duty to the Prior Creditors and shall not be liable to any Prior Creditors if it shall in good faith mistakenly pay over or distribute to Noteholders or to Unibanco or to any other person cash, property or securities to which any Prior Creditors shall be entitled by virtue of this Article III or otherwise.

  • The rights of the holders of Undated Subordinated Notes will, in the event of the winding up of Issuer, be subordinated in right of payment to the claims of the Issuer’s Prior Creditors.


More Definitions of Prior Creditors

Prior Creditors means Keybank National Association and each other Person party to the Prior Credit Agreement as a “Lender” (as such term is defined in the Prior Credit Agreement).

Related to Prior Creditors

  • Senior Creditors means, (a) depositors of the Issuer, (b) creditors of the Issuer who are unsubordinated creditors of the Issuer, and (c) creditors of the Issuer whose claims are or are expressed to be subordinated to the claims of other creditors of the Issuer (other than those whose claims are in respect of obligations which constitute, or would but for any applicable limitation on the amount of such capital, constitute, Tier 1 capital or Tier 2 capital or whose claims rank or are expressed to rank pari passu with, or junior to, the claims of holders in respect of the Notes) (whether only in a Winding Up of the Issuer or otherwise);

  • Senior Creditor means a holder or holders of Senior Indebtedness and includes any representative or representatives, agent or agents or trustee or trustees of any such holder or holders;

  • Junior Creditor means any Defaulting Bank which has not (x) fully cured each and every default on its part under the Loan Documents and (y) unconditionally tendered to the Administrative Agent such Defaulting Bank’s Pro Rata Share of all costs, expenses and disbursements required to be paid or reimbursed pursuant to the terms of the Loan Documents.

  • Lender Creditors shall have the meaning provided in the recitals of this Agreement.

  • Subordinated Creditors means all creditors the indebtedness of which is subordinated, in the event of the Winding-Up of DSB, in right of payment to the claims of depositors and other unsubordinated creditors of DSB other than those whose claims rank or is expressed to rank by operation of law or contract pari passu with, or junior to, the claims of the Noteholders. For this purpose indebtedness shall include all liabilities, whether actual or contingent;

  • Prior Lenders means, collectively, the lenders party to the Prior Credit Agreement.

  • Secured Creditors shall have the meaning assigned that term in the respective Security Documents.

  • Senior Lenders means each of the lenders from time to time under the Senior Credit Agreement.

  • Prior Credit Agreement has the meaning specified in the Recitals hereto.

  • Senior Lender Claims means (a) the principal of all Indebtedness outstanding under one or more of the Senior Lender Documents to the extent not prohibited by the Indenture (as in effect on the date hereof), and (b) all other Obligations not constituting principal of Indebtedness of any Obligor under the Senior Lender Documents, including, without limitation, all claims under the Senior Lender Documents for interest, fees, expense reimbursements, indemnification and other similar claims. Senior Lender Claims shall include all interest accrued or accruing (or which would, absent the commencement of an Insolvency or Liquidation Proceeding, accrue) after the commencement of an Insolvency or Liquidation Proceeding in accordance with and at the rate specified in the Senior Credit Agreement whether or not the claim for such interest is allowed as a claim in such Insolvency or Liquidation Proceeding. To the extent any payment with respect to the Senior Lender Claims (whether by or on behalf of any Obligor, as proceeds of security, enforcement of any right of setoff or otherwise) is declared to be fraudulent or preferential in any respect, set aside or required to be paid to a debtor in possession, trustee, receiver or similar Person, then the obligation or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding as if such payment had not occurred. Notwithstanding anything to the contrary contained in the first sentence of this definition, any principal Indebtedness (including reimbursement obligations for drawn or undrawn letters of credit) incurred under the Senior Credit Agreement shall constitute a "Senior Lender Claim" (whether or not such Indebtedness is at any time determined not to have been permitted to be incurred under the Indenture), to the extent, after giving effect to such incurrence, the aggregate principal amount of Indebtedness outstanding under the Senior Credit Agreement does not exceed $15,000,000 (less any prior permanent reductions in the Revolving Loan Commitment).

  • Senior Lender means each holder of a Senior Note.

  • Prior Lender means a syndicate of lenders with a U.S. bank as a lender and as administrative agent for all of the lenders.

  • Senior Credit Agreement has the meaning specified therefor in the Recitals hereto.

  • Prepetition Secured Parties means the “Secured Parties” under, and as defined in, the Prepetition Credit Agreement, in each case as amended, modified or supplemented through the Petition Date.

  • Second Lien Claimholders means, at any relevant time, the holders of Second Lien Obligations at that time, including the Second Lien Lenders and the agents under the Second Lien Loan Documents.

  • Consenting Creditors has the meaning set forth in the preamble to this Agreement.

  • Unsecured Creditors means all Creditors with Concurrent Claims against the Company;

  • Subordinated Creditor means any creditor of Tenant which is a party to a Subordination Agreement in favor of Landlord.

  • Required Secured Creditors means (i) at any time when any Credit Document Obligations are outstanding or any Commitments under the Credit Agreement exist, the Required Lenders (or, to the extent provided in Section 13.12 of the Credit Agreement, each of the Lenders) and (ii) at any time after all of the Credit Document Obligations have been paid in full and all Commitments under the Credit Agreement have been terminated and no further Commitments may be provided thereunder, the holders of a majority of the Other Obligations.

  • Senior Agent means the Person acting as agent from time to time for and on behalf of the Senior Lenders under the Credit Facility, together with its successors and assigns in such capacity.

  • First Lien Claimholders means, at any relevant time, the holders of First Lien Obligations at that time, including the First Lien Lenders and the agents under the First Lien Loan Documents.

  • Credit Agreement Agent means, at any time, the Person serving at such time as the “Agent” or “Administrative Agent” under the Credit Agreement or any other representative then most recently designated in accordance with the applicable provisions of the Credit Agreement, together with its successors in such capacity.

  • Senior Credit Documents means the collective reference to the Credit Agreement, the notes issued pursuant thereto and the guarantees thereof, and the collateral documents relating thereto, as amended, supplemented or otherwise modified from time to time.

  • Second Lien Credit Agreement means that certain Second Lien Credit Agreement, dated as of December 30, 2020, among Vine Energy Holdings LLC, as borrower, the lenders from time to time party thereto and Xxxxxx Xxxxxxx Senior Funding, Inc. as Administrative Agent (as defined therein) and Collateral Agent (as defined therein), as further amended, restated, amended and restated, extended, supplemented or otherwise modified from time to time

  • Second Lien Secured Parties means, at any relevant time, the holders of Second Lien Obligations at such time, including without limitation the Second Lien Lenders and the agents under the Second Lien Credit Agreement.

  • First Lien Claims means, collectively, Claims against the Debtors arising under the Prepetition Term Loan Agreement.