Second Lien Note Trustee definition

Second Lien Note Trustee means BOKF, National Association, in its capacity as successor trustee and collateral agent under the Second Lien Note Indenture and the other Second Lien Note Documents, including any successor thereto.

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Second Lien Note Trustee means ▇▇▇▇▇ Fargo Bank, N.A., as trustee for the holders of the Second Lien Notes under the Indenture, and its successors and assigns. Security Agreement shall mean the Security Agreement executed and delivered on the Closing Date by the Loan Parties to Agent for the benefit of itself and the Banks in respect of the personal property of each of them in order to secure the respective obligations of each Borrower and the Guarantors under the Loan Documents, as such agreement may be amended, amended and restated or extended from time to time. Specified Equity Contribution shall have the meaning assigned to that term in Section 7.2.15(ii). Specified Shareholder shall mean ▇▇▇▇▇ ▇. ▇▇▇▇▇▇. Solvent shall mean, with respect to any Person, such Person (a) owns and will own assets the fair saleable value of which are (i) greater than the total amount of its liabilities (including contingent liabilities) and (ii) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured considering all financing alternatives and potential asset sales reasonably available to it; (b) has capital that is not unreasonably small in relation to its business as presently conducted or after giving effect to any contemplated transaction; and (c) does not intend to incur and does not believe that it will incur debts beyond its ability to pay such debts as they become due.

Second Lien Note Trustee means any entity acting as trustee, agent or representative under any issue or borrowing of Second Lien Notes and which accedes to this Agreement pursuant to Clause 21.9 (Accession of Second Lien Note Creditors).

Examples of Second Lien Note Trustee in a sentence

Each Borrower has good title to all of the Capital Stock it purports to own, free and clear in each case of any Lien other than Liens in favor of Agent for the benefit of itself and the Banks under any Pledge Agreement and Liens in favor of the Second Lien Note Trustee for the benefit of the holders of the Second Lien Notes.
A Second Lien Note Trustee is not obliged to monitor or enquire whether any such default has occurred.
It is also acknowledged that a Second Lien Note Trustee shall not have any responsibility for the actions of any individual Second Lien Noteholder.
A Second Lien Note Trustee is not obliged to review or check the adequacy, accuracy or completeness of any document it forwards to another Party.
It is expressly understood and agreed by the Parties that this Agreement is executed and delivered by each Second Lien Note Trustee not individually or personally but solely in its capacity as a Second Lien Note Trustee in the exercise of the powers and authority conferred and vested in it under the relevant Second Lien Note Documents.
A Second Lien Note Trustee shall not have any obligation to take any action under this Agreement unless it is indemnified or secured to its satisfaction (whether by way of payment in advance or otherwise) by the Debtors or the Second Lien Noteholders for which it is the Creditor Representative, as applicable, in accordance with the terms of the relevant Second Lien Note Indenture.
This Clause 9 is subject to Clause 19.5 (Turnover Obligations: Senior Secured Note Trustee) and Clause 20.5 (Turnover obligations: Second Lien Note Trustee.
The Administrative Agent and the Syndication Agent shall have received from each of the Senior First Lien Note Trustee and the Senior Second Lien Note Trustee either (i) a counterpart of the Intercreditor Agreement signed on behalf of such party or (ii) written evidence satisfactory to the Administrative Agent (which may include telecopy transmission of a signed signature page of the Intercreditor Agreement) that such party has signed a counterpart of the Intercreditor Agreement.
Nothing in the previous sentence shall release or otherwise impair the obligations of the First Lien Agent, the First Lien Lenders, the Second Lien Note Trustee, or the Second Lien Lenders to release Liens or Collateral as required by the Plan.
A Second Lien Note Trustee is not obliged to review or check the adequacy, accuracy or completeness of any document it forwards to another party.

More Definitions of Second Lien Note Trustee

Second Lien Note Trustee means U.S. Bank National Association, in its capacity as trustee in connection with the Second Lien Notes, and its successors and assigns.

Second Lien Note Trustee means BOKF, National Association, in its capacity as successor trustee and collateral agent under the Second Lien Indenture and the other Second Lien Note Documents, including any successor thereto.

Second Lien Note Trustee. “Second Lien Note Creditor”, “Second Lien Noteholder”, “Senior Secured Note Trustee”, “Senior Secured Noteholder”, “Senior Secured Note Creditor”, “Parent”, “Party”, “Primary Creditor”, “Security Agent”, “Revolving Agent”, “Credit Facility Borrower”, “Credit Facility Guarantor”, “Revolving Lender” or “Credit Facility Lender”, shall be construed to be a reference to it in its capacity as such and not in any other capacity;