Third Lien Security Documents definition

Third Lien Security Documents means any security documents under which a Lien has been granted in favor of any Third Lien Collateral Agent and/or any other Person that is a “Secured Party” under the Third Lien Credit Agreement to secure any obligations under a Third Lien Credit Agreement.

Third Lien Security Documents means the Initial Third Lien Secured Documents and the Additional Third Lien Security Documents.

Third Lien Security Documents means the Initial Third Lien Security Documents and the Additional Third Lien Security Documents.

Examples of Third Lien Security Documents in a sentence

• By accepting the benefits of this Agreement and the other Third Lien Security Documents, each Third Lien Secured Party authorizes the Third Lien Collateral Trustee to enter into this Agreement and to act on its behalf as collateral agent hereunder and in connection herewith.

• The Priority Lien Agent acting pursuant to this Section 5.01 shall not have by reason of the Priority Lien Security Documents, the Second Lien Security Documents, the Third Lien Security Documents, this Agreement or any other document or theory, a fiduciary relationship in respect of any Priority Lien Secured Party, the Second Lien Collateral Trustee, any Second Lien Secured Party, the Third Lien Collateral Trustee or any Third Lien Secured Party.

• Any Third Lien Debt incurred pursuant to such Initial Third Lien Debt Facility may be secured by a Third Lien under and pursuant to the Initial Third Lien Security Documents provided the Third Lien Collateral Trustee, acting for itself and on behalf of the Initial Third Lien Secured Parties, becomes a party to this Agreement by satisfying the conditions set forth in clauses (i) and (ii) of the immediately succeeding paragraph.

• In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any Secured Debt Documents, the provisions of this Agreement shall control; provided, however, that if any of the provisions of the Second Lien Security Documents or Third Lien Security Documents limit, qualify or conflict with the duties imposed by the provisions of the TIA, in each case, the TIA shall control.

• By accepting the benefits of this Agreement and the other Third Lien Security Documents, each Third Lien Secured Party authorizes the Third Lien Collateral Agent to enter into this Agreement and to act on its behalf as collateral agent hereunder and in connection herewith.

More Definitions of Third Lien Security Documents

Third Lien Security Documents means all security agreements, pledge agreements, collateral assignments, mortgages, deeds of trust, collateral agency agreements, control agreements or other grants or transfers for security executed and delivered by the Borrower or any other Grantor creating (or purporting to create) a Lien upon Collateral in favor of the Collateral Agent, for the benefit of any of the Third Lien Secured Parties, in each case, as amended, modified, renewed, restated or replaced, in whole or in part, from time to time, in accordance with its terms and Section 7.1.

Third Lien Security Documents means the Security Documents (as defined in the Third Lien Indenture), each Grantor Joinder and any other agreement, document or instrument pursuant to which a Lien is granted securing the Third Lien Obligations or under which rights or remedies with respect to such Liens are governed, as each may be amended, restated, supplemented, Refinanced or otherwise modified from time to time.

Third Lien Security Documents means all security agreements, pledge agreements, collateral assignments, mortgages, deeds of trust, collateral agency agreements, control agreements or other grants or transfers for security executed and delivered by the Company or any other Grantor creating (or purporting to create) a Lien upon Collateral in favor of the Collateral Agent, for the benefit of any of the Third Lien Secured Parties, in each case, as amended, modified, renewed, restated or replaced, in whole or in part, from time to time, in accordance with its terms.

Third Lien Security Documents means the “Third Lien Security Documents” as defined in the Intercreditor Agreement.

Third Lien Security Documents means the mortgages, pledges, security agreements or similar agreements or related documents pursuant to which Liens securing Third Lien Obligations hereunder (and, in the case of Third Lien Security Documents governed by the law of certain jurisdictions located outside of the United States of America, Obligations (as such term is defined in the Senior Secured Credit Facilities) and the Second Lien Obligations) are granted on property or assets in favor of the Third Lien Collateral Agent (as defined in Section 10.01(a)) (on its own behalf and on behalf of the Secured Parties holding Third Lien Obligations), it being understood that, in respect of the Third Lien Security Documents entered into after the Amendment and Restatement Effective Date, the Third Lien Security Documents shall be substantially similar to the equivalent existing Security Documents entered into by the Collateral Agent with such changes as are reasonably required by the Third Lien Collateral Agent and necessary to reflect the priority provided herein, the nature of the secured obligations and the identity of the secured parties as shall be reasonably acceptable to the Third Lien Collateral Agent.

Third Lien Security Documents and “Third Lien Substitute Facility” and provisions regarding priority, enforcement actions, Standstill Periods, release of Liens, Insolvency or Liquidation Proceedings, reinstatement, amendments to Third Lien Documents and application of proceeds) shall not be operative.

Third Lien Security Documents means any security documents under which a Lien has been granted in favor of any Third Lien Collateral Agent and/or any other Person that is a “Secured Party” under the Third Lien Credit Agreement to secure any obligations under a Third Lien Credit Agreement. “Total Net Leverage Ratio” shall mean, with respect to any Calculation Date, the ratio of (a) Consolidated Total Net Debt as of the Calculation Date to (b) Consolidated EBITDA for the Test Period most recently ended prior to the Calculation Date for which financial information has been delivered to the Administrative Agent and the Lenders pursuant to Section 5.01(a) or (b). “Trade Date” shall have the meaning assigned to such term in Section 11.04(g)(i). “Transactions” shall mean, collectively, the financing of a portion of the Aleris Acquisition, and the payment of all fees, costs and expenses in connection therewith and in connection with the execution and delivery of the Loan Documents and the initial borrowings hereunder, and in connection with the incurrence of additional term loans under the Secured Term Loan Credit Agreement on the Closing Date. “Transferred Guarantor” shall have the meaning assigned to such term in Section 7.09. “Type,” when used in reference to any Loan or Borrowing, refers to whether the rate of interest on such Loan, or on the Loans comprising such Borrowing, is determined by reference to the Eurodollar Rate or the Fallback Rate. “UCC” shall mean the Uniform Commercial Code as in effect from time to time in the State of New York; provided that if perfection or the effect of perfection or non-perfection or the priority of any security interest in any asset is governed by the Uniform Commercial Code as in effect in a jurisdiction other than the State of New York, “UCC” shall mean the Uniform Commercial Code as in effect from time to time in such other jurisdiction for purposes relating to such perfection, effect of perfection or non-perfection or priority. 81 1120544.02G-CHISR02A - MSW