Second Lien Note Purchase Agreement definition

Second Lien Note Purchase Agreement means the Note Purchase Agreement, dated as of the date hereof, among the Borrowers, the purchasers party thereto from time to time, and the Second Lien Notes Representative, as amended, refinanced, replaced, supplemented or otherwise modified from time to time.

Second Lien Note Purchase Agreement means that certain Note Purchase Agreement dated as of December 8, 2017 among the Borrower, as Issuer, RRI, each of the Holders from time to time party thereto and U.S. Bank National Association as Agent, as the same may from time to time be amended, amended and restated, supplemented or otherwise modified to the extent permitted by Section 9.23(b).

Second Lien Note Purchase Agreement means the Second Lien Note Purchase Agreement dated as of April 17, 2023 among Parent, as issuer, Intermediate Parent, Holdings, the Borrower, the Second Lien Noteholders and the Second Lien Agent, as amended by the First Amendment to Second Lien Note Purchase Agreement dated as of June 15, 2023 (the “First Amendment to Second Lien Note Purchase Agreement”), and as further amended, restated, supplemented and otherwise modified from time to time in a manner not prohibited by this Agreement and the Second Lien Intercreditor and Subordination Agreement.

Examples of Second Lien Note Purchase Agreement in a sentence

• Capitalized terms used herein without definition shall have the meanings set forth in the Second Lien Note Purchase Agreement.

• The Amended and Restated Second Lien Note Purchase Agreement includes an Accordion Facility of $10 million, subject to similar terms as those described above for the First Lien Note Purchase Agreement.

• The Agent shall have received a copy of a forbearance agreement (the “Second Lien Forbearance Agreement”) executed and delivered by the Second Lien Agent and the Second Lien Noteholders whose consent is required pursuant to the Second Lien Note Purchase Agreement, which Second Lien Forbearance Agreement shall be in form and substance satisfactory to the Agent and the Required Lenders.

• Unless otherwise indicated, capitalized terms used but not defined herein shall have the meaning given such terms in the First Lien Credit Agreement as in effect as of the date hereof; and, if not defined therein, such terms shall have the meaning given such terms in the Second Lien Note Purchase Agreement as in effect as of the date hereof.

• The Borrower will not, as of the last day of any fiscal quarter, commencing with the quarter ending March 31, 2018, permit the ratio of (i) its consolidated current assets (including the unused amount of the total Commitments, but excluding non-cash assets under ASC 815) to (ii) its consolidated current liabilities (excluding non-cash obligations under ASC 815, and current maturities under this Agreement and the Second Lien Note Purchase Agreement) to be less than 1.0 to 1.0.

More Definitions of Second Lien Note Purchase Agreement

Second Lien Note Purchase Agreement means that Second Lien Note Purchase Agreement entered into on March 15, 2017, by and among the Debtors, the Second Lien Agent, and the Second Lien Lenders (as has been or may be further amended, modified, restated or otherwise supplemented from time to time).

Second Lien Note Purchase Agreement means that certain Second Lien Note Purchase Agreement dated as of the Closing Date, by and among the Issuer, the financial institutions party thereto from time to time and Wells Fargo Bank, National Association, in its capacity as collateral agent thereunder, as the same may be amended, restated, supplemented, waived, extended or otherwise modified from time to time in accordance with the First Lien/Second Lien Intercreditor Agreement.

Second Lien Note Purchase Agreement means that certain Note Purchase Agreement, dated as of April 17, 2023, by and among, inter alios, the Company, the purchasers party thereto, and Wilmington Savings Fund Society, FSB, as purchaser representative, as amended, restated, amended and restated, supplemented, extended, replaced, refinanced or otherwise modified from time to time; provided, that, where any term is defined herein by reference to the Second Lien Note Purchase Agreement “as in effect on the First Amendment Effective Date” or any such similar qualification, such reference shall be deemed to be a reference to the Second Lien Note Purchase Agreement as it existed on the First Amendment Effective Date and shall not, for the avoidance of doubt, give effect to any amendment to the Second Lien Note Purchase Agreement.

Second Lien Note Purchase Agreement means the Note Purchase Agreement, dated as of April 30, 2007, among Blair Corporation, Haband Company, Inc., Johnny Appleseed’s, Inc., Norm Thompson Outfitters, Inc. and Draper’s & Damon’s, Inc., as issuers, each of the other Debtors, as guarantors, the Second Lien Note Purchasers, the Second Lien Note Agent and American Capital Strategies, Ltd. as sole lead arranger and bookrunner, and any guarantees, security documents and other documents related thereto (as amended, restated, supplemented or otherwise modified from time to time).

Second Lien Note Purchase Agreement shall have the meaning assigned to such term in the preliminary statement to this Agreement.

Second Lien Note Purchase Agreement means the Note Purchase Agreement, dated as of the date hereof, by and among the Topco, as Issuer, the Borrower, Holdings, the Purchasers party thereto and Wilmington Savings Fund Society, FSB, as Purchaser Representative.

Second Lien Note Purchase Agreement means that certain Note Purchase Agreement, dated as of [●], 2023, by and among, inter alios, the Company, the purchasers party thereto, and Wilmington Savings Fund Society, FSB, as purchaser representative, as amended, restated, amended and restated, supplemented, extended, replaced, refinanced or otherwise modified from time to time; provided, that, where any term is defined herein by reference to the Second Lien Note Purchase Agreement “as in effect on the First Amendment Effective Date” or any such similar qualification, such reference shall be deemed to be a reference to the Second Lien Note Purchase Agreement as it existed on the First Amendment Effective Date and shall not, for the avoidance of doubt, give effect to any amendment to the Second Lien Note Purchase Agreement.