Examples of Super Senior Facilities in a sentence
In the case of insolvency of the Issuer, the Financial Indebtedness incurred by the Issuer under the Bonds will be subordinated to the Financial Indebtedness owed by the Issuer under the Super Senior Facilities Debt and the Hedging Debt.
It should furthermore be noted that by voting in favour of the Proposal with a requisite majority, the Bondholders will be deemed to have given their consent to the amendments of the Terms and Conditions and of the Super Senior Facilities in their capacity as Secured Parties under the Intercreditor Agreement.
Moreover, the Issuer would like to inform the Bondholders that it has requested that the terms of the Super Senior Facilities shall be amended on terms identical with the terms set out in the Proposal (as defined below).
The Super Senior Facilities and any debt replacing the Super Senior Facilities or incurred as new debt in accordance with the aforementioned, will be repaid in full prior to the Bonds and there is a risk that the Bondholders will not receive any amounts fol- lowing repayment of the Super Senior Facilities.
It should specifically be noted that the Issuing Agent is the lender under the Super Senior Facilities and that it may be a lender under other credit facilities with a member of the Group as the borrower.
The Original Super Senior Facilities Creditor, being Swedbank AB (publ) as at the date hereof, has agreed to the amendments of the terms of the Super Senior Facilities, such acceptance being conditional upon a requisite majority of the Bondholders voting in favour of the Proposal.
The Group applied a portion of the US$75 million in equity proceeds retained for working capital and expenses of the equity issue towards payment of all deferred restructuring fees and commitment fees of the Super Senior Facilities.
The Note Indenture and Super Senior Facilities Agreement contain covenants that limit the ability of the Restructured Group and its Subsidiaries to take certain actions.
The Group will undertake any additional, non-maintenance capital expenditure only where it believes such capital expenditure would be accretive to the Group’s EBITDA.The Group anticipates that its available cash resources after the Restructuring, including drawings that it may make under the Super Senior Facilities and cash generated from operations, will be sufficient to fund its operating needs and capital expenditures for the foreseeable future.
For a summary of the standstill arrangement, please refer to Slater and Gordon’s recapitalisation announcement to the ASX on 31 August 2017.Slater and Gordon also has in place other secured facilities, being the Super Senior Facilities, for an aggregate AUD amount of $65 million, and certain Transactional Facilities.