Superpriority Facility definition
Examples of Superpriority Facility in a sentence
Collateral The Domestic Collateral and, subject to the Guaranty and Security Principles, the Foreign Collateral, as described under “Collateral” for the Superpriority Facility.
Interest Rate SOFR (with 10bps credit spread adjustment) + 525bps / E+550bps SOFR provisions to be same as the Superpriority Facility; provided the SOFR floor will be 1.5%.
The Company and the Guarantors under the Superpriority Facility will indemnify the Ad Hoc Group and the Term Loan Group and its representatives (including its counsel and financial advisor) for all claims related to or arising from the Transactions on terms reasonably acceptable to the Ad Hoc Group, the Term Loan Group and the Company, other than such claims arising from gross negligence, bad faith or willful misconduct.
Mandatory Prepayments Limited to change of control and asset sale offers, provided that no such offers may be made unless the obligations under the Superpriority Facility, the New Term Loans and the 2025 Notes are discharged in full in cash unless such offer is made with Declined Proceeds with respect to the Superpriority Facility, the New Term Loan Facility and the Amended 2025 Indentures.
Voluntary Prepayments Subject to the terms of the Superpriority Facility, the New Term Loan Facility and the Amended 2025 Indentures, the Company shall be permitted to prepay the New 2L Notes at any time, in minimum principal amounts to be agreed upon, without premium or penalty.
Conditions Precedent to Closing Substantially consistent with the corresponding provisions set forth in the Superpriority Facility section above (as if the Superpriority Facility were structured as a term loan facility regardless of whether it is structured in such manner or as a notes issuance).
Subject to the terms of the Superpriority Facility and the Amended 2025 Indentures, the Company shall be permitted to prepay the New Term Loans at any time, in minimum principal amounts to be agreed upon, without premium or penalty.
Facility Type A secured term loan facility having the lien priority described under “Collateral” for the Superpriority Facility (the “New Term Loan Facility” and, the loans thereunder, the “New Term Loans”).
Documentation Principles Substantially consistent with the corresponding provisions set forth in the Superpriority Facility with appropriate modifications to reflect the lien priority status of the New Term Loan Facility (the “New Term Loan Facility Documentation Principles”).
The documentation for the Superpriority Facility shall provide that the “Secured Parties” under the Superpriority Facility shall exclude each lender that is subject to federally regulated lender flood laws (“Flood Laws”), solely with respect to any mortgaged property that is subject to Flood Laws, unless such lender receives customary flood diligence information (including flood determinations, flood insurance certificates and related endorsements) that is acceptable to such lender.