Second Lien Bank Loan means a Bank Loan (other than a First Lien Bank Loan and a Last Out Loan) that is entitled to the benefit of a first and/or second lien and first and/or second priority perfected security interest on all or substantially all of the assets of the respective borrower and guarantors obligated in respect thereof.
First Lien Bank Loan means a Bank Loan that is entitled to the benefit of a first lien and first priority perfected security interest (subject to Liens for “ABL” revolvers and customary encumbrances) on a substantial portion of the assets of the respective borrower and guarantors obligated in respect thereof.
Bank Loan has the meaning specified in Annex C.
Wells Fargo Bank Wells Fargo Bank, N.A., or its successor in interexx.
U.S. Bank means U.S. Bank National Association, a national banking association.
JPMorgan Chase Bank means JPMorgan Chase Bank, N.A. and its successors.
UK Non-Bank Lender means (a) where a Lender becomes a party hereto on the day on which this Agreement is entered into, a Lender listed in Schedule 3.01(j), and (b) where a Lender becomes a party hereto after the day on which this Agreement is entered into, a Lender which gives a UK Tax Confirmation in the Assignment and Assumption and/or Joinder Agreement which it executes on becoming a party hereto.
Bank Levy means the bank levy which is imposed under section 73 of, and schedule 19 to, the Finance Xxx 0000 (the “UK Bank Levy”) and any levy or Tax of an equivalent nature imposed in any jurisdiction in a similar context or for a similar reason to that in and/or which the UK Bank Levy has been imposed by reference to the equity and liability of a financial institution or other person carrying out financial transactions.
KeyBank means KeyBank National Association.
L/C Bank means the Original L/C Bank and any other Lender which has been appointed as an L/C Bank in accordance with Clause 5.11 (Appointment and Change of L/C Bank) and which has not resigned in accordance with paragraph (c) of Clause 5.11 (Appointment and Change of L/C Bank).
UBS AG, New York Branch shall have the meaning assigned to such term in the preamble to this Agreement.
International banking institution means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933.
Bank One means Bank One, NA, a national banking association having its principal office in Chicago, Illinois, in its individual capacity, and its successors.
Bank of America Fee Letter means the letter agreement, dated January 4, 2011, among the Borrower, Bank of America and MLPFS.
Citicorp has the meaning specified in the preamble to this Agreement.
Foothill means Foothill Capital Corporation, a California corporation.
Mizuho means Mizuho Bank, Ltd.
New York Banking Day means any day except a Saturday, Sunday or a legal holiday in The City of New York or a day on which banking institutions in The City of New York are authorized or obligated by law, regulation or executive order to be closed.
Bank of America means Bank of America, N.A. and its successors.
Bank Loans means debt obligations (including, without limitation, term loans, notes, revolving loans, debtor-in-possession financings, the funded and unfunded portion of revolving credit lines and letter of credit facilities and other similar loans and investments including interim loans, bridge loans and senior subordinated loans) which are generally documented under a loan or credit facility or pursuant to any loan agreement, note purchase agreement or other similar financing arrangement facility, whether or not syndicated.
Wachovia means Wachovia Bank, National Association, a national banking association, and its successors.
SunTrust means SunTrust Bank.
Performing First Lien Bank Loans means First Lien Bank Loans which are Performing.
Citibank means Citibank, N.A.
PNC Bank means PNC Bank, National Association.
Royal Bank means Royal Bank of Canada.