Senior Notes Refinancing definition

Senior Notes Refinancing means either (i) the repayment in full of the Senior Notes Indebtedness or (ii) the deposit of cash and Cash Equivalent Investments with the trustee for the Senior Notes Indebtedness in an amount, either in gross or after giving effect to any investment income, that is sufficient to repay in full the Senior Notes Indebtedness.

Senior Notes Refinancing has the meaning specified in the “Preliminary Statements.”

Senior Notes Refinancing means as to the Senior Notes Indebtedness, the incurrence of other Indebtedness pursuant to Section 6.2(u) and/or 6.2(v) to Refinance in whole such existing Indebtedness.

Examples of Senior Notes Refinancing in a sentence

• Contemporaneously with the sending or filing thereof, Holdings will provide to the Administrative Agent for distribution to each of the Lenders, any notices provided to, or received from, holders of Senior Notes, Refinancing Notes and Permitted Junior Debt.

• Second Tranche New Super Senior Notes: Refinancing of amounts outstanding under the Revolving Credit Facility, general corporate purposes and fees and expenses in connection with the implementation of the Notes Amendments and placement of the Second Tranche New Super Senior Notes.

• Use the proceeds of the Term Borrowings on the Closing Date (i) to effect the Senior Notes Refinancing, (ii) to pay fees and expenses in connection with the Senior Notes Refinancing and the Term Facility, (iii) to repay certain ABL Loans, and (iv) for working capital and other general corporate purposes.

• Schedule IV sets forth a true and complete list of all Scheduled Existing Indebtedness of Holdings and its Subsidiaries as of the Initial Borrowing Date after giving effect to the Transaction (other than the Existing Senior Notes Refinancing), in each case showing the aggregate principal amount thereof and the name of the respective borrower and any other entity which directly or indirectly guaranteed such debt.

• Section 6.8 of the Existing Credit Agreement is hereby amended by adding the term “and” at the end of clause (k) thereof, by replacing the semicolon at the end of clause (l) thereof with a period, by deleting clause (m) thereof in its entirety, and by replacing the text “the Revolver Increase Date” in the last sentence thereof with “the earlier of the consummation of the Senior Notes Refinancing or the Revolver Increase Date”.

More Definitions of Senior Notes Refinancing

Senior Notes Refinancing the refinancing and replacement of the existing Senior Notes to the extent such refinancing and replacement is in compliance with the provisions of the definition of the term “Refinancing Conditions”.

Senior Notes Refinancing. “Total Debt” and “Total Net Leverage Ratio” therein to read as follows:

Senior Notes Refinancing has the meaning specified therefor in Section 2.12. “Solvent” means, with respect to any Person as of any date of determination, that (a) at fair valuations, the sum of such Person’s debts (including contingent liabilities) is less than all of such Person’s assets, (b) such Person is not engaged or about to engage in a business or transaction for which the remaining assets of such Person are unreasonably small in relation to the business or transaction or for which the property remaining with such Person is an unreasonably small capital, and (c) such Person has not incurred and does not intend to incur, or reasonably believe that it will incur, debts beyond its ability to pay such debts as they become due (whether at maturity or otherwise), and (d) such Person is “solvent” or not “insolvent”, as applicable within the meaning given those terms and similar terms under Applicable Laws relating to fraudulent transfers and conveyances. For purposes of this definition, the amount of any contingent liability at any time shall be computed as the amount that, in light of all of the facts and circumstances existing at such time, represents the amount that can reasonably be expected to become an actual or matured liability (irrespective of whether such contingent liabilities meet the criteria for accrual under Statement of Financial Accounting Standard No. 5). “Specified Acquisition” means the acquisition of all equity interests in Nature’s Remedy of Massachusetts Inc., a Massachusetts corporation, and certain of its Affiliates, by the Borrower or one of its Subsidiaries, upon terms and conditions set forth in the Specified Acquisition Agreement. “Specified Acquisition Agreement” means that certain Merger and Membership Interests Purchase Agreement dated April 16, 2021 between the Borrower, Jushi MA, Inc., Jushi Inc., Nature’s Remedy of Massachusetts, Inc., XxXxxx LLC, Valiant Enterprises, LLC and the Seller Executives (as defined therein). “Specified Acquisition Documents” means the Specified Acquisition Agreement and the other documents and agreements, including any licenses, permits, waivers relating thereto or side letters or agreements affecting the terms thereof, executed in connection with the Specified Acquisition. “Specified Joint Venture Agreement” means that certain Amended and Restated Operating Agreement of ***. “Specified Lease” means that certain Lease Agreement, dated April 6, 2018 by and between IIP-PA 1, LLC, a Delaware limited liability company and...

Senior Notes Refinancing means a refinancing, renewal or extension of the Senior Notes issued pursuant to the Senior Notes Indenture on the following terms: (A) the Indebtedness subject to any such refinancing, renewal or extension is in an aggregate principal amount not greater than the aggregate principal amount of the Senior Notes being renewed, refinanced or extended, plus the amount of any premiums required to be paid thereon in accordance with the terms of the Senior Notes Indenture (as in effect on the Closing Date) and the Senior Notes (as in effect on the Closing Date) and reasonable fees and expenses associated therewith (but not any consent fees or similar fees), (B) the Indebtedness subject to such refinancing, renewal or extension shall be unsecured and shall have a final maturity which is later than, and does not require any scheduled amortization or other scheduled payments of principal prior to, the six year anniversary of the Closing Date, (C) the cash yield or cash interest on the Indebtedness subject to such refinancing, renewal or extension shall not exceed the lesser of (x) the Adjusted Eurodollar Rate plus 9% or (y) 15%, (D) the covenants, events of default, subordination and other provisions thereof (including any guarantees thereof) shall be, in the aggregate, no less favorable to the Borrower and to the Lenders than those contained in the Credit Documents (provided that such provisions shall not include financial covenants, and shall be subject to automatic amendment to conform to any amendments made to the Credit Documents) and (E) no Default or Event of Default shall have occurred and be continuing or result therefrom.

Senior Notes Refinancing either (a) the repayment of the Senior Notes in full or (b) a Permitted Refinancing of the Senior Notes in full on terms which are not materially less favorable to the Lenders than terms of the Senior Notes in effect on the date hereof and with a maturity date which is not earlier than February 7, 2014.

Senior Notes Refinancing has the meaning specified therefor in Section 2.12.

Senior Notes Refinancing has the meaning specified therefor in Section 2.12. “Solvent” means, with respect to any Person as of any date of determination, that (a) at fair valuations, the sum of such Person’s debts (including contingent liabilities) is less than all of such Person’s assets, (b) such Person is not engaged or about to engage in a business or transaction for which the remaining assets of such Person are unreasonably small in relation to the business or transaction or for which the property remaining with such Person is an unreasonably small capital, and (c) such Person has not incurred and does not intend to incur, or reasonably believe that it will incur, debts beyond its ability to pay such debts as they become due (whether at maturity or otherwise), and (d) such Person is “solvent” or not “insolvent”, as applicable within the meaning given those terms and similar terms under Applicable Laws relating to fraudulent transfers and conveyances. For purposes of this definition, the amount of any