Senior Secured Notes Collateral definition

Senior Secured Notes Collateral means any and all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted as security for any Senior Secured Notes Obligations.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Senior Secured Notes Collateral means the Issuer Pledge Agreement, the Pan-Sino Pledge Agreement, the Pan-Western Pledge Agreement, the Company Pledge Agreement, the Issuer Cash Collateral Agreement, the Pan-Western Cash Collateral Agreement and the Pan-Sino Cash Collateral Agreement.

Senior Secured Notes Collateral or the collateral securing the DIP Claims inconsistent with the Final DIP Order (including the representations contained therein), (ii) the appointment of a statutory committee of equity security holders under section 1102 of the Bankruptcy Code, or (iii) any action taken by any regulatory agency against any of the Company’s facilities in the U.S. or elsewhere which could reasonably be expected to materially and adversely affect the Restructuring Transactions or that has a material adverse impact on the recovery of any Consenting Creditor as determined by the Required Consenting Creditors in their sole discretion, shall each constitute a Termination Event under this subsection 8.01(n); provided, however, that the Company shall have ten (10) days after issuance of such injunction, judgment, decree, charge, ruling or order to obtain relief that would allow consummation of the Restructuring Transactions that (i) does not prevent or diminish in a material way compliance with the terms of this Agreement or (ii) is otherwise satisfactory to the Required Consenting Creditors;

Examples of Senior Secured Notes Collateral in a sentence

All Liens of Agent in the Collateral, other than Exempt Property, are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens (for clarification, Permitted Liens that are expressly allowed to have priority over Agent’s Liens include the Liens of the Senior Secured Notes Collateral Agent to the extent such Liens have priority over Agent’s Liens pursuant to the terms of the Intercreditor Agreement).
Until the Discharge of Senior Secured Notes Obligations, the delivery of any Senior Secured Notes Priority Collateral to, or the control of any Senior Secured Notes Priority Collateral by, the Senior Secured Notes Collateral Agent pursuant to the Senior Secured Notes Documents shall satisfy any delivery or control requirement hereunder or under any other Security Document.
None of the Term Facility Agent, the Senior Secured Notes Collateral Agent or any Other Second-Priority Lien Obligations Agent shall be obligated to follow instructions from the Applicable First Lien Agent in contravention of this Agreement.
Notwithstanding anything contained herein to the contrary, the Senior Secured Notes Collateral Agent shall be entitled to the same rights, protections, immunities and indemnities as set forth in the Senior Secured Notes Indenture as if the provisions setting forth those rights, protections, immunities and indemnities are fully set forth herein.
The parties hereto agree that it is their intention that the ABL Collateral and the Senior Secured Notes Collateral be identical except as provided in Article VI and as otherwise expressly provided herein.
Except as set forth on Schedule 3.2, each Guarantor shall be the sole account holder of each Deposit Account and shall not allow any other Person (other than Agent or the Senior Secured Notes Collateral Agent, subject to the terms of the Intercreditor Agreement) to have control over a Deposit Account or any Property deposited therein.
Each Guarantor shall take all actions necessary to establish Agent’s control or, subject to the priorities set forth in the Intercreditor Agreement, the Senior Secured Notes Collateral Agent’s control, of each such Deposit Account (other than as excused by the penultimate sentence of this Section 3.2 and other than any account exclusively used for payroll, payroll taxes or employee benefits).
BANK OF AMERICA, N.A., as Credit Agree Collateral Agent, By: /s/ Illegible Name: Title: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Senior Secured Notes Collateral Agent, By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ (Alex) Briffett Title: Authorized Signatory THE MCCLATCHY COMPANY, By: /s/ ▇▇▇▇▇▇▇ ▇.
Each of Holdings and the Borrower shall, and shall cause each of their respective Subsidiaries to, defend the Collateral against all claims and demands of all Persons at any time claiming the same or any interest therein other than claims or demands pursuant to the Credit Documents and subject to the terms of Intercreditor Agreement, the Bailee Agreement, the Custodian Agreement and the Senior Secured Notes Collateral Documents.
The parties hereto agree that it is their intention that the ABL Collateral, the Senior Secured Notes Collateral and the Junior Secured Notes Collateral be identical except (a) the Junior Secured Notes Collateral shall not include certain Pledged Collateral or Securities which are specifically excluded from the Junior Secured Notes Collateral pursuant to the terms of the Junior Secured Notes Security Documents and (b) as provided in Article VI and as otherwise provided herein.

More Definitions of Senior Secured Notes Collateral

Senior Secured Notes Collateral means the Retail Unit, the TSP Membership Interest, the Retail Unit Contract of Sale, the Master Agreement, the Improvements Agreement, the License Agreement, the TSP Agreement, the Declaration of Easements, the Zoning Lot Agreement and the Planet Hollywood Plans.

Senior Secured Notes Collateral. DOCUMENTS shall mean the Intercreditor Agreement and all documents securing, or creating Liens to secure, the Senior Secured Notes from time to time outstanding.

Senior Secured Notes Collateral inconsistent with the Final DIP Order (including the representations contained therein), (ii) any other lifting the automatic stay of section 362 of the Bankruptcy Court or a material portion of the Senior Secured Notes Collateral; (iii) the appointment of a statutory committee of equity security holders under section 1102 of the Bankruptcy Code, or (iv) any action taken by any Governmental Entity against any of Exide’s facilities in the United States or elsewhere that would reasonably be expected to materially adversely impact the operations of such facility; provided, however, that Exide shall have thirty (30) days after issuance of such injunction, judgment, decree, charge or ruling or order to obtain relief that would allow consummation of the Restructuring Transactions that (i) does not prevent or diminish in a material way compliance with the terms of this Commitment Agreement or (ii) is otherwise reasonably satisfactory to the Requisite Backstop Parties; and;

Senior Secured Notes Collateral means property and assets securing the Senior Secured Notes immediately prior to the Closing Date. For the avoidance of doubt, the Real Property constituting Senior Secured Notes Collateral shall only include the Real Property identified as Senior Secured Notes Collateral Real Property on Schedules 1A-1 and 1A-2.