Required Consenting Second Lien Noteholders definition

Required Consenting Second Lien Noteholders means, as of any time of determination, (a) beneficial Holders of (or investment advisors, sub‑advisors, or managers of discretionary accounts that hold) at least 50.01% of the aggregate outstanding principal amount of the Second Lien Notes subject to the Restructuring Support Agreement that are members of the Second Lien Ad Hoc Committee and (b) constituting at least two (2) members of the Second Lien Ad Hoc Committee, as set forth in the Restructuring Support Agreement.

Required Consenting Second Lien Noteholders means, as of any time of determination,

Required Consenting Second Lien Noteholders means the Consenting Second Lien Noteholders holding at least a majority in aggregate principal amount of the Second Lien Notes held by all Consenting Second Lien Noteholders as of the date of any applicable action or consent.

Examples of Required Consenting Second Lien Noteholders in a sentence

• As a basis for the breach of contract claim, Nicol alleges that he “asked Heartman to obtain and Heartman agreed to obtain a standard flood insurance policy with Auto- Owners that covered both the service station building and the car wash building,” and “Heartman breached its contract with Nicol when it failed to obtain a flood insurance policy from Auto-Owners that covered both buildings.” (Compl.

• Any intercompany Executory Contracts or Unexpired Leases may be amended, assumed, assigned, or terminated as of the Effective Date as determined by the Reorganized Debtors with the consent of the Required Consenting Second Lien Noteholders (such consent not to be unreasonably withheld, conditioned or delayed) and in consultation with the Required Consenting First Lien Noteholders.

• On the Effective Date, each Class 8 Claim shall be, at the option of the Debtors (with the consent of the Required Consenting First Lien Lenders and the reasonable consent of the Required Consenting Second Lien Noteholders) or the Reorganized Debtors, as applicable, reinstated, compromised, or canceled and released without any distribution.

• This Agreement, and the obligations of all Parties hereunder, may be terminated by mutual written agreement among all of the following: (a) each Company Party; (b) the Required Consenting RBL Lenders; (c) the Required Consenting Second Lien Noteholders; and (d) the Required Consenting Convertible Noteholders.

• The PTL LLC Agreement shall be in form and substance reasonably acceptable to the Required Consenting Second Lien Noteholders, the Required Consenting Convertible Noteholders and the Committee.

More Definitions of Required Consenting Second Lien Noteholders

Required Consenting Second Lien Noteholders means the Consenting Second Lien Noteholders (as such term is defined in the RSA) holding at least sixty-six and two-thirds percent (66.66%) of the Consenting Second Lien Notes Claims (as such term is defined in the RSA).

Required Consenting Second Lien Noteholders means, as of any time of determination, the Consenting Second Lien Noteholders (a) holding at least 50.01% of the

Required Consenting Second Lien Noteholders means the Consenting Second Lien Noteholders holding at least a majority in aggregate principal amount of the Second Lien Notes held by all Consenting Second Lien Noteholders as set forth on the signature page(s) hereto including Second Lien Notes covered by any Joinder executed and delivered as of the date of any applicable action or consent.

Required Consenting Second Lien Noteholders means, as of any time of determination, the Consenting Second Lien Noteholders (a) holding at least 50.01% of the aggregate outstanding principal amount of Second Lien Notes that are held by all Consenting Second Lien Noteholders that are members of the Second Lien Ad Hoc Committee and (b) constituting at least two (2) members(2) of the Second Lien Ad Hoc Committee.

Required Consenting Second Lien Noteholders means the Consenting Second Lien Noteholders holding greater than 50% of the aggregate amount of Second Lien Note Claims held by all of the Second Lien Noteholders.

Required Consenting Second Lien Noteholders means, as of any date of determination, Consenting Second Lien Noteholders (comprising not fewer than 3 unaffiliated entities) who collectively own (or have voting control of) a majority of the aggregate outstanding principal amount of Second Lien Notes held by all Consenting Second Lien Noteholders at such time; provided that for purposes of this definition, the term “Consenting Second Lien Noteholders” excludes any Holder of Second Lien Notes that, on the relevant date of determination, is in breach of any of its material obligations hereunder.

Required Consenting Second Lien Noteholders means, as of any relevant date, Consenting Second Lien Noteholders holding a majority in aggregate of the Second Lien Claims held by the Consenting Second Lien Noteholders. (b) If (i) the Existing First Lien Lenders make advances under the Existing First Lien Credit Agreement on or after October 31, 2016 and prior to the time of filing of the voluntary petitions to commence the Chapter 11 Cases (the “Pre-Filing Advance Period”), to enable the Debtors to pay “Restructuring Disbursements” under and as defined in the Pre-Filing Budget, attached hereto as Exhibit C (collectively, the “Restructuring Disbursements”) and (ii) the First Lien Repayment is not approved by the Bankruptcy Court on or prior to the date of entry of the Final Order (or if no Final Order is entered on or before 34 days after the Petition Date, or such later date as agreed to by Required Consenting Second Lien Noteholders and Required Consenting First Lien Lenders), then the Term Lenders (determined after giving effect to the syndication of the DIP Term Facility pursuant to the Syndication Procedures) will within 30 business days after such date purchase at par a last-out non-voting participation interest (the “Term Lender Participation”) in the Prepetition First Lien Loans (as defined in the DIP Term Sheet) in a principal amount equal to the lesser of (x) the aggregate amount of Restructuring Disbursements funded by Prepetition First Lien Loans advanced during the Pre-Filing Advance Period and (y) the excess of the principal balance of the Prepetition First Lien Loans outstanding as of the Petition Date over the principal balance of Prepetition First Lien Loans on October 31, 2016 (measured prior to any Prepetition First Lien Loans made on October 31, 2016), which Term Lender Participation shall be on terms and conditions, and subject to documentation negotiated in good faith by the parties thereto, customary for participation transactions of this type and otherwise acceptable to the Term Lenders (after giving effect to the syndication of the DIP Term Facility pursuant to the Syndication Procedures) and the Existing First Lien Agent in their respective discretion exercised in good faith; provided, that if such Term Lender Participation is funded by the Term Lenders, the amount of the First Lien Repayment will be reduced on a dollar-for-dollar basis and the commitment amount of the DIP Term Loans shall be reduced by the amount of such Term Lender Participation. For the avoidance of doubt, ...