Required Consenting Noteholders means, as of the relevant date, the Consenting Noteholders then holding greater than fifty and one-tenth percent (50.1%) of the aggregate outstanding principal amount of Senior Notes Claims that are held by all Consenting Noteholders subject to the Restructuring Supporting Agreement as of such date.
Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.
First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.
Required Consent has the meaning set forth in Section 4.4.
Second Lien Term Loans means the “Term Loans” under and as defined in the Second Lien Credit Agreement.
Consenting Lenders has the meaning specified in Section 2.13(b).
Lender Consent means any lender consent delivered by a Lender on the Closing Date in the form of Exhibit 4.1(a).
Non-Consenting Lenders has the meaning specified in Section 3.07(d).
Refinancing Lenders has the meaning specified in Section 2.15(c).
Required Consents shall have the meaning set forth in Section 4.5.
DIP Lenders has the meaning assigned to such term in Section 2.05(b).
Second Lien Noteholders means the holders of Second Lien Notes.
Second Lien Credit Agreement means the Second Lien Credit Agreement, dated as of the Closing Dates thereof among the Borrower, the other Credit Parties from time to time party thereto, the Second Lien Lenders and the Second Lien Administrative Agent, as the same may be amended, restated and/or modified from time to time subject to the terms thereof.
Second Lien Facility means the second lien term loan facility under the Second Lien Credit Agreement.
Second Lien Debt means the Indebtedness and guarantees thereof now or hereafter incurred pursuant to the Second Lien Loan Documents.
Consenting Creditors has the meaning set forth in the preamble to this Agreement.
Second Lien Indebtedness means the Indebtedness of the Loan Parties owing to the Second Lien Agent and the Second Lien Lenders under the Second Lien Credit Agreement, which Indebtedness is on terms and conditions reasonably acceptable to the Collateral Agent.
Non-Consenting Lender means any Lender that does not approve any consent, waiver or amendment that (a) requires the approval of all Lenders or all affected Lenders in accordance with the terms of Section 11.01 and (b) has been approved by the Required Lenders.
Existing Lenders has the meaning specified in the recitals hereto.
Consenting Noteholders has the meaning set forth in the preamble to this Agreement.
Final Closing Indebtedness has the meaning set forth in Section 3.3(b).
First Lien Term Loans means the “Term Loans” (or any comparable term) as defined in the First Lien Credit Agreement.
Second Lien Loan Documents means the “Loan Documents” as defined in the Second Lien Credit Agreement.
Required Prepayment Lenders the Majority Facility Lenders in respect of each Facility.
Estimated Closing Indebtedness has the meaning set forth in Section 2.4(a).
Credit Agreement Refinancing Indebtedness means (a) Permitted First Priority Refinancing Debt, (b) Permitted Junior Priority Refinancing Debt or (c) Permitted Unsecured Refinancing Debt, in each case, issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, existing Term Loans, or any then-existing Credit Agreement Refinancing Indebtedness (“Refinanced Debt”); provided that (i) such Indebtedness has a maturity no earlier, and a Weighted Average Life to Maturity equal to or greater, than 91 days after the Latest Maturity Date at the time such Indebtedness is incurred, (ii) such Indebtedness shall not have a greater principal amount (or accreted value, if applicable) than the principal amount (or accreted value, if applicable) of the Refinanced Debt plus accrued interest, fees, premiums (if any) and penalties thereon and reasonable fees and expenses associated with the refinancing, (iii) the terms and conditions of such Indebtedness (except as otherwise provided in clause (ii) above and with respect to pricing, rate floors, discounts, premiums and optional prepayment or redemption terms) are substantially identical to, or (taken as a whole) are no more favorable to the lenders or holders providing such Indebtedness, than those applicable to the Refinanced Debt being refinanced (except for covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Indebtedness) (provided that a certificate of a Responsible Officer delivered to the Agent at least five (5) Business Days prior to the incurrence of such Indebtedness, together with a reasonably detailed description of the material terms and conditions of such Indebtedness or drafts of the documentation relating thereto, stating that the Parent Borrower has determined in good faith that such terms and conditions satisfy the requirement of this clause (iii) shall be conclusive evidence that such terms and conditions satisfy such requirement unless the Agent notifies the Parent Borrower within such five (5) Business Day period that it disagrees with such determination (including a description of the basis upon which it disagrees)), and (iv) such Refinanced Debt shall be repaid, repurchased, retired, defeased or satisfied and discharged, and all accrued interest, fees, premiums (if any) and penalties in connection therewith shall be paid, on the date such Credit Agreement Refinancing Indebtedness is issued, incurred or obtained.