Senior Debt

Senior Debt. Shall mean all obligations, liabilities and indebtedness of every nature of the Company from time to time owed to Agent or any Senior Lender under the Senior Debt Documents, including, without limitation, the principal amount of all debts, claims and indebtedness, accrued and unpaid interest and all fees, costs and expenses, whether primary, secondary, direct, contingent, fixed or otherwise, heretofore, now and from time to time hereafter owing, due or payable, whether before or after the... filing of a Proceeding under the Bankruptcy Code together with (a) any amendments, modifications, renewals or extensions thereof to the extent not prohibited by the terms of this Agreement and (b) any interest accruing thereon after the commencement of a Proceeding, without regard to whether or not such interest is an allowed claim. Senior Debt shall be considered to be outstanding whenever any loan commitment under the Senior Debt Document is outstanding. View More

Senior Debt. All principal, interest, fees, costs, enforcement expenses ----------- (including legal fees and disbursements), collateral protection expenses and other reimbursement or indemnity obligations created or evidenced by the Credit Agreement or any of the other Loan Documents, or any prior, concurrent, or subsequent notes, instruments or agreements of indebtedness, liabilities or obligations of any type or form whatsoever relating thereto in favor of the Agent or any of the Banks. Senior Debt... shall expressly include any and all interest accruing or out of pocket costs or expenses incurred after the date of any filing by or against the Borrower of any petition under the federal Bankruptcy Code or any other bankruptcy, insolvency or reorganization act regardless of whether the Agent's or any Bank's claim therefor is allowed or allowable in the case or proceeding relating thereto. View More

Senior Debt. Means all indebtedness owing to Chase under this Note and the Senior Grid Note and in respect of any letters of credit issued by Chase for the account of the undersigned.

Senior Debt. All indebtedness and obligations now or hereafter existing or owed by Payor to the Senior Debt Holders pursuant to the Credit Agreement or any instruments or other documents executed by Payor with or in favor of the Senior Debt Holders in connection therewith, as such agreements may be amended, supplemented, replaced, refinanced or otherwise modified from time to time, and whether for principal, premium, interest, fees, expenses, indemnities or otherwise.

Senior Debt. Means all obligations, liabilities and indebtedness of every nature of any Company or any guarantor from time to time owed under the Senior Debt Documents, the Secured Hedging Obligations and the Bank Product Obligations, including, without limitation, the principal amount of all debts, claims and indebtedness, accrued and unpaid interest and all fees, costs and expenses, whether primary, secondary, direct, contingent, fixed or otherwise, heretofore, now and from time to time hereafter owing,... due or payable, whether before or after the filing of a Proceeding under the Bankruptcy Code together with (a) any amendments, modifications, renewals or extensions thereof to the extent not prohibited by the terms of this Agreement and (b) any interest accruing thereon after the commencement of a Proceeding, without regard to whether or not such interest is an allowed claim; provided, however, that in no event shall the principal amount of the Senior Debt (specifically excluding the Secured Hedging Obligations and Bank Product Obligations) exceed the sum of (i) the principal amount of the loans and any unfunded loan commitments under the Senior Credit Agreement as in effect on the date hereof reduced by the amount of any prepayments and repayments and commitment reductions under the Senior Credit Agreement to the extent that such payments and reductions may not be reborrowed (specifically excluding, however, any such repayments and commitment reductions occurring in connection with any Permitted Refinancing), plus (ii) $33,500,000 (the "Maximum Senior Principal Amount"). Senior Debt shall be considered to be outstanding whenever any loan commitment under the Senior Debt Document is outstanding. Notwithstanding the foregoing, no Sponsor Affiliated Lender (as defined in the Senior Credit Agreement as in effect on the date hereof) or Group Member shall be entitled to the benefits of this Agreement as a holder of Senior Debt, except that to the extent that a Sponsor Affiliated Lender (x) holds no more than ten percent (10%) of the combined principal amount of the term loan obligations under the Senior Debt Documents determined at the time such obligation under the Senior Debt Documents and (y) is subject, in relation to such obligations under the Senior Debt Documents, to the voting and other restrictions as set forth in the last sentence of Section 11.2(b) of the Senior Credit Agreement as in effect on the date hereof. View More

Senior Debt. Any and all of the following, now or hereafter existing or arising: (a) all obligations of Borrower for repayment of principal of and accrued interest on the Senior Loans (including, without limitation, any interest accruing thereon at the legal rate after the commencement of any Proceeding and any additional interest that would have accrued thereon but for the commencement of such Proceeding), (b) all other indebtedness, obligations and liabilities of Borrower to Senior Creditor under the... Senior Credit Agreement or the other Senior Debt Documents, whether now existing or hereafter incurred or created (including, without limitation, claims for indemnity or damages thereunder), (c) all indebtedness and obligations arising in connection with any refinancings, replacements or increases of any of the foregoing with Senior Creditor, and whether in the same, lesser or greater amount, and (d) any and all renewals, extensions, increases or rearrangements of any of the foregoing. Without limiting the extent and generality of the foregoing, Senior Debt includes all indebtedness and obligations from time to time included within the Obligations as defined by the Senior Credit Agreement (which definition is incorporated herein by reference), as may be renewed, refinanced, or increased from time to time View More

Senior Debt. Shall mean all present and future indebtedness (whether principal, interest (including, without limitation, interest accruing after the commencement of a bankruptcy proceeding by or against any Company), fees, collection costs, expenses, liabilities, obligations (including, without limitation, letter of credit reimbursement obligations), and other amounts now or hereafter owed by any Company to the Agent or to the CIT Lenders (including,... without limitation, all of the indebtedness arising under or pursuant to the CIT Lender Documents), or to Hilco (including, without limitation, all of the indebtedness arising under or pursuant to the Hilco Documents) whether direct or indirect, absolute or contingent, secured or unsecured, due or to become due, liquidated or unliquidated, whether now existing or hereafter arising, and all whether arising under contract, in tort, or otherwise. View More

Senior Debt. Means the principal of, premium, if any, interest on (including any interest accruing after the filing of a petition by or against the Company under any bankruptcy law, whether or not allowed as a claim after such filing in any proceeding under such bankruptcy law) and any other payment due pursuant to, any Debt, whether outstanding on the date of this Note or thereafter incurred or created; provided that Senior Debt shall not include (i) any indebtedness of any kind of the Company to any... subsidiary of the Company, a majority of the voting stock of which is owned, directly or indirectly, by the Company, or (ii) any indebtedness which by its terms is pari passu in right of payment with or subordinate in right of payment to this Note. View More

Senior Debt. Shall mean all obligations, liabilities and indebtedness now or hereafter existing, whether fixed or contingent, and whether for principal of, premium (if any), interest (including, without limitation, interest accruing at the rates set forth in the Senior Debt Documents after the commencement of any Proceeding by the Obligors, whether or not allowed or allowable as a claim in any such proceeding), fees, expenses, indemnifications, reimbursement obligations... or otherwise, under the Senior Debt Documents or any Derivatives Agreement related to the Obligations under the Senior Debt Documents, whether or not evidenced by notes or other instruments, and whether such indebtedness, obligations and liabilities are direct or indirect, fixed or contingent, liquidated or unliquidated, due or to become due, secured or unsecured, joint, several or joint and several, together in each case with all renewals, extensions, increases or rearrangements thereof; provided, however, that in no event shall the principal amount of the Senior Debt exceed $300,000,000 as reduced by the amount of any scheduled principal amortization payments to the extent paid in cash (specifically excluding, however, any such repayments and commitment reductions occurring in connection with any Permitted Refinancing). Senior Debt under the Senior Debt Documents shall continue to constitute Senior Debt for all purposes hereof, notwithstanding that such Senior Debt or any claim in respect thereof may be disallowed, avoided or subordinated pursuant to any insolvency law, the Bankruptcy Code or any similar federal or state law for the relief of debtors or other applicable insolvency law or equitable principles (i) as a claim for unmatured interest, (ii) as a fraudulent transfer or conveyance or (iii) otherwise. Senior Debt shall be considered to be outstanding whenever any loan commitment under the Senior Debt Document is outstanding. View More

Senior Debt. Means all of the following: (a) the aggregate principal indebtedness advanced from time to time under the Senior Credit Facility up to a maximum aggregate principal amount that shall not exceed $60,000,000 (as reduced by all payments and prepayments of principal outstanding under term loans made under such Senior Credit Facility and by the permanent reduction of the revolving credit facilities established under such Senior Credit Facility, (b) all interest accrued and accruing on the aggregate... principal outstanding under the Senior Credit Facility from time to time (including, without limitation, any interest accruing after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding relating to any Credit Party, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding); (c) all other reasonable fees or monetary obligations owed under the Senior Credit Facility; and (d) all reasonable costs incurred by the Senior Lenders under the Senior Credit Facility in commencing or pursuing any enforcement action(s) with respect to the amounts described in clauses (a) through (c), including attorneys' fees and disbursements. "Senior Debt" shall also include all amendments, modifications, renewals, replacements, restatements and refinancings of the foregoing, in whole or in part, provided such amendments, modifications, renewals, replacements, restatements or refinancings do not (i) increase the interest rate or default rate payable on any component thereof by more than 2% over the interest rate or default rate, respectively, that is applicable thereto on the date hereof, (ii) extend the final maturity of the Senior Debt beyond August 1, 2006, (iii) provide for any annual principal amortization payment in excess of the Permitted Annual Amortization Amount, (iv) include additional financial covenants or amend any of the financial covenants set forth in the Senior Credit Facility to render such covenants more restrictive, other than additional financial covenants identical to those set forth in Section 6.12 hereof that are no more than 15% more restrictive as such financial covenants or (v) amend any provisions set forth in the Senior Credit Facility which expressly permit the prepayment of the Junior Debt to render such provisions more restrictive. View More