Third Lien Indenture definition
Third Lien Indenture means that certain indenture, dated as of February [●], 2016, among the Company, the guarantors from time to time party thereto (including the Assignor) and U.S. Bank National Association, as trustee and noteholder collateral agent, as the same has been and may hereafter be further amended, restated, supplemented, refinanced, replaced or otherwise modified from time to time. [●] By: Name: Title: Loss, if any, payable to Royal Bank of Canada, as Collateral Agent and first mortgagee (the “First Mortgagee”), respecting any of the vessels AQUAMARINE DRILLER, TOPAZ DRILLER, EMERALD DRILLER, SAPPHIRE DRILLER, PLATINUM EXPLORER, TITANIUM EXPLORER and TUNGSTEN EXPLORER (each a “Vessel” and collectively, the “Vessels”), under each respective First Mortgage (as defined below) for distribution by the First Mortgagee first to itself and then to U.S. Bank National Association as Noteholder Collateral Agent and second mortgagee (the “Second Mortgagee”), then to U.S. Bank National Association as Noteholder Collateral Agent and third mortgagee (the “Third Mortgagee”), and then to the owner of such Vessel (the “Owner”) or others as their interests may appear, or order, all of the foregoing distributions being in accordance with the terms of the Second Lien Intercreditor Agreement dated as of February [●], 2016 (the “Second Lien Intercreditor Agreement”) and the Third Lien Subordination and Intercreditor Agreement dated as of February [●], 2016 (the “Third Lien Intercreditor Agreement”), respectively, except that, unless the underwriters have been otherwise instructed by notice in writing from the First Mortgagee, or after evidence of release of the First Mortgages by the First Mortgagee shall have been presented to underwriters, from the Second Mortgagee, or after evidence of release of the Second Mortgages shall have been presented to underwriters, the Third Mortgagee, and in the case of any loss involving any damage to a Vessel or liability of a Vessel, the underwriters may pay directly for the repair, salvage, liability or other charges involved or, if the Owner shall have first fully repaired the damage and paid the cost thereof, or discharged the liability or paid all of the salvage or other charges, then the underwriters may pay the Owner as reimbursement therefor, provided, however, that if such damage involves a loss in excess of U.S. $15,000,000 or its equivalent, the underwriters shall not make such payment without first obtaining the written consent thereto of t...
Third Lien Indenture means that certain indenture, dated as of February [●], 2016, among the Company, the guarantors from time to time party thereto (including the Assignor) and U.S. Bank National Association, as trustee and noteholder collateral agent, as the same has been and may hereafter be further amended, restated, supplemented, refinanced, replaced or otherwise modified from time to time.
Third Lien Indenture means that certain Third Lien Senior Secured PIK Notes Indenture, dated as of May 5, 2023, by and among the Company, the Co-Obligor, the guarantors listed therein and U.S. Bank Trust Company, National Association, as trustee and collateral agent, as amended, supplemented, restated or otherwise modified from time to time, relating to the Third Lien Notes.
Examples of Third Lien Indenture in a sentence
The Shipowner will pay when due all Secured Obligations from time to time payable by the Shipowner under the Third Lien Indenture, its Guaranty, and the other Third Lien Note Documents and will observe, perform and comply with the covenants, terms and conditions herein and, as applicable, in the Third Lien Indenture, its Guaranty and any other Third Lien Note Documents, on its part to be observed, performed or complied with.
Amounts applied to the Secured Obligations shall be applied to the payment of the Secured Obligations in the order set forth in and in accordance with the terms of the Third Lien Indenture.
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In entering into this Agreement, or in taking (or forbearing from) any action under or pursuant to the Agreement, the Third Lien Collateral Trustee shall have and be protected by all of the rights, immunities, indemnities and other protections granted to it under any Third Lien Indenture and the Third Lien Documents.
More Definitions of Third Lien Indenture
Third Lien Indenture means, in respect of the Third Lien Convertible Notes, the Indenture, dated as of the Amendment No. 5 Effective Date, by and among the Borrower, as issuer, the Guarantors, as subsidiary guarantors, and Wilmington Trust, National Association, as trustee.
Third Lien Indenture means that certain Indenture, dated May 21, 2015, by and among the Debtors, as issuers, and Wilmington Trust, National Association, as initial indenture trustee and as initial collateral agent thereunder (as amended modified, or otherwise supplemented from time to time), providing for the issuance of the Third Lien Notes, under which UMB Bank, National Association is now acting as successor indenture trustee and as successor collateral agent.
Third Lien Indenture has the meaning set forth in the Recitals.
Third Lien Indenture means that certain Indenture dated as of February 10, 2016, among the Borrower, the guarantors party thereto and the Third Lien Convertible Notes Trustee.
Third Lien Indenture has the meaning assigned to that term in the Recitals to this Agreement.
Third Lien Indenture means that certain Indenture dated as of May 13, 2013, by and among the Company, the Guarantors, the Third Lien Trustee, and the Third Lien Collateral Agent, as amended by that certain First Supplemental Indenture dated April 28, 2016, and as further amended, modified and supplemented from time to time.
Third Lien Indenture means that certain Third Lien Senior Secured PIK Notes Indenture, dated May 5, 2023 (as may be amended, amended and restated, or otherwise supplemented from time to time), by and among the Issuers, the guarantors party thereto from time to time and U.S. Bank Trust Company, National Association, as trustee and as collateral agent.