Second Lien Financing Agreement definition

Second Lien Financing Agreement means any credit agreement, indenture or other principal financing document by and between the Canadian Borrower and the Second Lien Creditors governing the terms and conditions of the Second Lien Debt as such agreement, indenture or other document may be amended, restated, supplemented or replaced from time to time as permitted hereunder and under the Second Lien Intercreditor Agreement.

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Second Lien Financing Agreement means any credit agreement, indenture or other principal financing document by and among the Borrower, any of its Subsidiaries, if applicable, and the Second Lien Creditors governing the terms and conditions of the Second Lien Debt as such agreement, indenture or other document may be amended, restated, supplemented or replaced from time to time as permitted hereunder and under the Second Lien Intercreditor Agreement;

Second Lien Financing Agreement means the Second Lien Facility Agreement and/or any Permitted Second Lien Financing Agreement, as the context requires.

Examples of Second Lien Financing Agreement in a sentence

Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Second Lien Financing Agreement.
The Borrower will not amend, restate, supplement or otherwise modify the Second Lien Financing Agreement except for those amendments, restatements, supplements or other modifications that are permitted to be made under the Intercreditor Agreement.
Notwithstanding the foregoing, any provisions of any Second Lien Financing Agreement that establish any interest rate shall not be subject to the foregoing requirements.
The Second Lien Agent is entering into this Amendment at the direction of the Lenders under the Second Lien Financing Agreement.
The Company covenants that, during the period this Warrant is outstanding, it will reserve from its authorized and unissued Common Stock, free of preemptive rights, a sufficient number of shares equal to two times the number of Warrant Shares issuable under the Second Lien Financing Agreement to all Purchasers thereunder (without regard to any limitations on exercise hereof or thereof, including without limitation, the Beneficial Ownership Limitation).
Until the date upon which the Discharge of First Lien Obligations shall have occurred, without the prior written consent of the First Lien Agent, no Second Lien Collateral Document may be amended, supplemented or otherwise modified or entered into to the extent such amendment, supplement or modification, or the terms of any new Second Lien Financing Agreement or Second Lien Collateral Document, would contravene any of the terms of this Agreement.
If an Event of Default under and as defined in the Second Lien Financing Agreement or any other Second Lien Document shall occur or exist which has not been cured or waived by the Second Lien Lender in accordance with the Second Lien Financing Agreement, provided that the Agent or the Lenders have not taken any action relation to such default prior to the same being cured or waived.

More Definitions of Second Lien Financing Agreement

Second Lien Financing Agreement means that certain Financing Agreement, dated as of June 24, 2013, by and among Oxford Mining Company, LLC, a wholly owned subsidiary of the Partnership, as borrower, the lenders signatory thereto, and Obsidian Agency Services, Inc. as the administrative agent.

Second Lien Financing Agreement means, collectively, (i) the Initial Second Lien Financing Agreement, and (ii) any other credit agreement, loan agreement, note agreement, promissory note, indenture, or other agreement or instrument evidencing or governing the terms of any Indebtedness or other financial accommodation that has been incurred to extend, increase (subject to the limitations set forth herein), replace, refinance or refund in whole or in part the Indebtedness and other obligations outstanding under the Initial Second Lien Financing Agreement or other agreement or instrument referred to in this clause. Any reference to the Second Lien Financing Agreement hereunder shall be deemed a reference to any Second Lien Financing Agreement then in existence.

Second Lien Financing Agreement means the note purchase agreement dated as of July 25, 2018, among the Borrower, as issuer, the Second Lien Lenders and the Second Lien Agent relating to issuance of the Second Lien Notes, as amended by a first amendment to note purchase agreement dated as of August 24, 2018, a second amendment to note purchase agreement dated as of September 7, 2018 and as further amended, amended and restated, replaced, substituted, supplemented or otherwise modified from time to time (including any of the foregoing pursuant to a Permitted Second Lien Refinancing) to the extent permitted hereunder and under the Intercreditor Agreement.