Second Lien Amendment definition

Second Lien Amendment means the First Amendment to the Second Lien Credit Agreement set forth in Exhibit C hereto.
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Second Lien Amendment which amends the corresponding provisions therein as those of the Credit Agreement amended pursuant to this Agreement and which provides for the Second Lien Increase and the incurrence thereof, in substantially the same form as attached hereto as Exhibit A;
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Second Lien Amendment means that certain First Amendment to Second Lien Credit Agreement (amending the Second Lien Credit Agreement to, among other things, permit the Second Lien Sponsor Purchases and Second Lien Contribution on terms substantially similar to the Second Amendment). “Second Lien Contributions” means the Second Lien Holdings Contribution and the Second Lien Sponsor Contribution. “Second Lien Dutch Auction” means “Dutch Auction” (as defined in the Second Lien Credit Agreement, as amended by the Second Lien Amendment (all capitalized terms used in this definition having the same meanings herein as set forth in the Second Lien Credit Agreement)). “Second Lien Holdings Contribution” means the contribution by Holdings of the Second Lien Term Loans acquired in connection with a Second Lien Sponsor Purchase to U.S. Borrower (directly or through Subsidiaries of Holdings) in return for additional Equity Interests of the U.S. Borrower (and any other Subsidiary of Holdings through which the Term Loans are contributed). “Second Lien Sponsor Contribution” means at any time on or after the date of a Second Lien Sponsor Purchase, a Sponsor Affiliated Lender’s contribution of the Second Lien Term Loans acquired in such Second Lien Sponsor Purchase to Holdings (directly or through Subsidiaries of such Sponsor Affiliated Lender). “Second Lien Sponsor Purchase” means the purchase pursuant to a Second Lien Dutch Auction by a Sponsor Affiliated Lender of the Second Lien Term Loans from lenders participating in a Second Lien Dutch Auction in accordance with Section 10.6 of the Second Lien Credit Agreement. “Sponsor Affiliated Lender” means any Sponsor Fund or other entity holding capital with respect to which any Sponsor Fund, the Sponsor or an Affiliate of Sponsor is, directly or indirectly, an advisor or manager (or acts in a similar capacity) pursuant to any written agreement; provided such Person (a)
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Examples of Second Lien Amendment in a sentence

  • The Incremental Investors shall have received evidence reasonably satisfactory to the Incremental Investors that the First Lien Amendment and the Second Lien Amendment shall have become effective (or will become effective at substantially the same time as this Amendment).

  • The headings of this Second Lien Amendment No. 2 are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.

  • By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director [Signature Page to the Second Lien Amendment No. 5] With respect only to Sections 4, 8, 9, 10, 11, 12 and 13: XXXXXXX & XXXXXXXXX (U.K.) LTD.

  • Except as expressly set forth herein, this Second Lien Amendment No. 5 shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of any party under, the Second Lien Credit Agreement, nor alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Second Lien Credit Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

  • DTZ AUS BIDCO PTY LIMITED ACN 169 965 995 under power of attorney in the presence of /s/ Xxxxxxxx Xx /s/ Xxxxx Xxxxx Signature of Witness Signature of Attorney Xxxxxxxx Xx Xxxxx Xxxxx Print Name of Witness Print Name of Attorney Xxxxx 00, 000 Xxxxxxx Xxxxxx, Melbourne, Victoria, Australia, Lawyer Address and occupation of Witness [Signature Page to the Second Lien Amendment No. 3] With respect only to Sections 4, 8, 9, 10, 11, 12 and 13: DTZ AMERICAS, INC.

  • Delivery by facsimile or other electronic means of an executed counterpart of a signature page to this Second Lien Amendment No. 5 shall be effective as delivery of an original executed counterpart of this Second Lien Amendment No. 5.

  • By its execution of this Second Lien Amendment No. 5, the Borrower Representative hereby delivers and the Administrative Agent hereby acknowledges receipt of this Second Lien Amendment No. 5 as the satisfaction of the requirement to give written notice required to the Administrative Agent pursuant to Section 2.12(a) of the Second Lien Credit Agreement.

  • By: /s/ Xxxxxx Xxxxxxxxxx, Xx. Name: Xxxxxx Xxxxxxxxxx, Xx. Title: President and Chief Executive Officer [Signature Page to the Second Lien Amendment No. 5] With respect only to Sections 4, 8, 9, 10, 11, 12 and 13: XXXXXXX & WAKEFIELD GLOBAL SERVICES, INC.

  • Capitalized terms not otherwise defined in this Second Lien Amendment No. 3 shall have the same meanings specified in the Second Lien Credit Agreement.

  • The provisions of Sections 10.04, 10.05, 10.08 and 10.22 of the Second Lien Credit Agreement are hereby incorporated by reference into this Second Lien Amendment No. 2 and shall apply herein mutatis mutandis.


More Definitions of Second Lien Amendment

Second Lien Amendment has the meaning assigned to such term in Section 8.19.
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Second Lien Amendment means Amendment No. 4 to the Second Lien Credit Agreement, to be dated on or before the Closing Date, by and among the parties to the Second Lien Credit Agreement, amending the Second Lien Credit Agreement to, among other matters, permit the issuance by the Company of the Preferred Stock.
Sample 1
Second Lien Amendment the Second Lien Amendment, together with the First Lien Amendment, the “Amendments”) by and among the Borrower, Aptean Limited, Peach Funding and Xxxxx, in its capacity as the Incremental Arranger, which amends that certain Second Lien Credit Agreement dated as of April 23, 2019 (the “Second Lien Credit Agreement”) among the Borrower, the other loan parties party thereto, each lender from time to time party thereto and Xxxxx, as administrative agent. This letter agreement (this “Fee Letter”) amends and restates in its entirety the fee letter dated July 31, 2019 among Aptean, Gator Intermediate Holdco (UK) Ltd, a company formed under the laws of England and Wales (“Intermediate Holdings” and, together with Aptean, collectively, “you”), and Xxxxx (the “Original Fee Letter”). The Original Fee Letter is automatically superseded as of the date hereof without the need for any further notice, and such Original Fee Letter shall be of no further force or effect. Capitalized terms used but not defined in this Fee Letter shall have the meanings assigned thereto in the First Lien Amendment and/or the Second Lien Amendment, 4A28C91T.0I0V001E/100546295.8 as applicable. From and after the date hereof, each reference in the Amendments to the “First Amendment Fee Letter” shall mean and be a reference to this Fee Letter.
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Second Lien Amendment means First Amendment to the Second Lien Credit Agreement, dated the date hereof, among the Second Lien Agent, the Borrower and each other party thereto from time to time as a loan party thereunder.
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Second Lien Amendment means Amendment No. 6 to the Second Lien Credit Agreement, dated as of the date hereof, by and among the Company, the guarantors party thereto, the lenders party thereto and Wilmington Trust, National Association, as administrative agent, in the form of Exhibit B attached hereto. “Second Lien Credit Agreement” means that certain Credit Agreement, dated as of April 26, 2017, by and among the Company, the guarantors from time to time party thereto, the lenders party thereto and Wilmington Trust, National Association, as administrative agent, as may be amended, restated, amended and restated, replaced, refinanced, supplemented or otherwise modified from time to time (including, for the avoidance of doubt, documentation evidencing the Term Loan Take Back Debt (as defined therein)). “Securities” means the Exchanged Shares, the Purchased Shares and the Underlying Shares. “Securities Act” means the Securities Act of 1933, as amended, and the rules and regulations of the Commission promulgated thereunder. “Securities Purchase Agreement” means the Securities Purchase Agreement, dated January 30, 2018 among the Company and the original Holders (as defined therein), as amended, modified or supplemented from time to time in accordance with its terms. “Series C Certificate of Designation” means the Amended and Restated Certificate of Designation of Preferences, Rights and Limitations of Series C-1 9.75% Convertible Participating Preferred Stock and Series C-2 9.75% Convertible Participating Preferred Stock filed by the Company with the Secretary of State of Nevada, in the form of Exhibit C attached hereto. “Series C-1 Preferred Stock” means the Company’s Series C-1 9.75% Convertible Participating Preferred Stock, par value $0.0001 per share, having the rights, preferences and privileges set forth in the Series C Certificate of Designation. “Series C-2 Preferred Stock” means the Company’s Series C-2 9.75% Convertible Participating Preferred Stock, par value $0.0001 per share, having the rights, preferences and privileges set forth in the Series C Certificate of Designation. “Series D Certificate of Designation” means the Certificate of Designation of Preferences, Rights and Limitations of Series D 8.25% Convertible Participating Preferred Stock filed by the Company with the Secretary of State of Nevada, in the form of Exhibit D attached hereto. 7
Sample 1
Second Lien Amendment means the First Amendment to the Second Lien Credit Agreement set forth in E xhibit C hereto.
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Related to Second Lien Amendment

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • Extension Amendment has the meaning set forth in Section 2.16(d).

  • Refinancing Amendment means an amendment to this Agreement in form and substance reasonably satisfactory to the Administrative Agent and the Borrower executed by each of (a) the Borrower, (b) the Administrative Agent and (c) each Additional Lender and Lender that agrees to provide any portion of the Other Loans or Other Commitments being incurred or provided pursuant thereto, in accordance with Section 2.15.

  • 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.

  • Incremental Facility Amendment has the meaning assigned to such term in Section 2.20(f).

  • Incremental Facility Agreement means an Incremental Facility Agreement, in form and substance reasonably satisfactory to the Agent and the Borrower, among the Borrower, the Agent and one or more Incremental Lenders, establishing Incremental Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.18.

  • Second Lien Security Documents means all “Security Documents” as defined in the Second Lien Credit Agreement, and all other security agreements, mortgages, deeds of trust and other security documents executed and delivered in connection with any Second Lien Credit Agreement, in each case as the same may be amended, supplemented, restated or otherwise modified from time to time.

  • Second Lien Documents means, collectively, the indenture, credit agreement or other agreement or instrument evidencing or governing or securing each Series of Second Lien Debt and the Second Lien Security Documents.

  • Second Lien Security Agreement means the Second Lien Security Agreement, dated as of the date hereof, among the Initial Borrower, the Parent Borrower, certain Subsidiaries of the Parent Borrower from time to time party thereto and the Second Lien Notes Collateral Agent, as amended, restated, waived, restructured, renewed, extended, supplemented or otherwise modified from time to time or as replaced in connection with any Refinancing, extension, refunding or replacement of the Second Lien Notes Indenture.

  • Refinancing Facility Agreement means a Refinancing Facility Agreement, in form and substance reasonably satisfactory to the Agent, among Holdings, the Borrower, each Subsidiary of the Borrower party to this Agreement, the Agent and one or more Refinancing Lenders, establishing Refinancing Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.26.

  • L/C Amendment Application means an application form for amendment of an outstanding standby or commercial documentary letter of credit as shall at any time be in use at the Issuing Lender, as the Issuing Lender shall request.

  • Refinancing Agreement as defined in Subsection 8.3(c).

  • Co-Lender Agreement With respect to any Loan Combination, the co-lender agreement, intercreditor agreement, agreement among noteholders or similar agreement, dated as of the date set forth in the Loan Combination Table under the column heading “Date of Co-Lender Agreement” and governing the relative rights of the holders of the related Mortgage Loan and Companion Loan(s), as the same may be amended, restated or otherwise modified from time to time in accordance with the terms thereof. A Co-Lender Agreement exists with respect to each Loan Combination as of the Closing Date.

  • Additional First Lien Documents means, with respect to any Series of Additional First Lien Obligations, the notes, credit agreements, indentures, security documents and other operative agreements evidencing or governing such Indebtedness, and each other agreement entered into for the purpose of securing any Series of Additional First Lien Obligations.

  • Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.

  • Second Lien Intercreditor Agreement means the Second Lien Intercreditor Agreement substantially in the form of Exhibit H among the Administrative Agent and one or more Senior Representatives for holders of Permitted Second Priority Refinancing Debt, with such modifications thereto as the Administrative Agent may reasonably agree.

  • Second Lien Term Loans means the “Term Loans” under and as defined in the Second Lien Credit Agreement.

  • Tariff Amendment means an amendment made by XXXXX, from time to time, to the tariff applicable to this Licence, on notice to the Licensee.

  • Permitted Amendment means, with respect to any Shared-Loss Loan Commitment or Shared-Loss Loan, any amendment, modification, renewal or extension thereof, or any waiver of any term, right, or remedy thereunder, made by the Assuming Bank in good faith and otherwise in accordance with the applicable requirements set forth in Article III of this Commercial Shared-Loss Agreement and the then effective written internal credit policy guidelines of the Assuming Bank; provided, that:

  • Incremental Term Loan Amendment has the meaning assigned to such term in Section 2.20.

  • Additional First Lien Secured Parties means the holders of any Additional First Lien Obligations and any trustee, authorized representative or agent of such Additional First Lien Obligations.

  • Second Lien Indenture means that certain indenture, dated as of October 20, 2016, among the Company, the guarantors from time to time party thereto and U.S. Bank National Association, as trustee and notes collateral agent, relating to the 9.5% Senior Secured Second Lien Notes due 2022 of the Company, as amended, supplemented, restated, converted, exchanged, replaced or modified from time to time;

  • ESG Amendment has the meaning specified in Section 2.18.

  • Permitted Policy Amendment is an amendment, modification, termination or restatement of the Investment Policies, that is either (a) approved in writing by the Administrative Agent (with the consent of the Required Lenders), (b) required by applicable law or Governmental Authority, or (c) not material.

  • Second Lien Secured Parties means the Indenture Second Lien Secured Parties and the Additional Second Lien Secured Parties.

  • First Lien Security Documents means the Security Documents (as defined in the First Lien Credit Agreement) and any other agreement, document or instrument pursuant to which a Lien is granted or purported to be granted securing any First Lien Obligations or under which rights or remedies with respect to such Liens are governed.