Common use of Acknowledgment of Certain Agreements Clause in Contracts

Acknowledgment of Certain Agreements. The Borrower authorizes and directs the Administrative Agent and each other Secured Party to pay, pursuant to Sections 3.01 and 3.02 of the Intercreditor and Collateral Agency Agreement and on behalf of the Borrower, those payments specified therein as provided therein, and if any prepayment of Advances shall be made, as a result of any actions taken pursuant to the terms of the Intercreditor and Collateral Agency Agreement, the Borrower agrees, for the avoidance of doubt, that the provisions of Section 2.3 of the Common Agreement shall apply in all cases to such prepayment as if such prepayment were made by the Borrower pursuant to Section 2.06 of this Agreement. Without limiting the generality of the foregoing sentence, the Borrower hereby agrees that distributions in respect of any Collateral and any amounts received by any Secured Party or any other Person in the exercise of any powers conferred by each of the Loan Documents, may be applied as determined by agreement among all the Secured Parties under the Intercreditor and Collateral Agency Agreement, and any mortgage, charge, assignment or any other agreement or document required to be made or entered into by the Borrower in favor of any Secured Party shall be made in favor of the holders of debt issued under each Facility Agreement.

Appears in 5 contracts

Samples: Common Agreement, Agreement (Digicel Group LTD), Credit Agreement (Digicel Group LTD)

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Acknowledgment of Certain Agreements. The Borrower authorizes and directs the Administrative Agent and each other Secured Party to pay, pursuant to Sections 3.01 and 3.02 of the Intercreditor and Collateral Agency Agreement and on behalf of the Borrower, those payments specified therein as provided therein, and if any prepayment of Advances shall be made, as a result of any actions taken pursuant to the terms of the Intercreditor and Collateral Agency Agreement, the Borrower agrees, for the avoidance of doubt, that the provisions of Section 2.3 of the Common Agreement shall apply in all cases to such prepayment as if such prepayment were made by the Borrower pursuant to Section 2.06 2.6 of this Agreement. Without limiting the generality of the foregoing sentence, the Borrower hereby agrees that distributions in respect of any Collateral and any amounts received by any Secured Party or any other Person in the exercise of any powers conferred by each of the Loan Documents, may be applied as determined by agreement among all the Secured Parties under the Intercreditor and Collateral Agency Agreement, and any mortgage, charge, assignment or any other agreement or document required to be made or entered into by the Borrower in favor of any Secured Party shall be made in favor of the holders of debt issued under each Facility Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Digicel Group LTD), Tranche I Credit Agreement (Digicel Group LTD), Credit Agreement (Digicel Group LTD)

Acknowledgment of Certain Agreements. The Borrower authorizes and directs the Administrative Agent and each other Secured Party to pay, pursuant to Sections 3.01 3.1 and 3.02 3.2 of the Intercreditor and Collateral Agency Agreement and on behalf of the Borrower, those payments specified therein as provided therein, and if any prepayment of Advances shall be made, as a result of any actions taken pursuant to the terms of the Intercreditor and Collateral Agency Agreement, the Borrower agrees, for the avoidance of doubt, that the provisions of Section 2.3 of the Common Agreement shall apply in all cases to such prepayment as if such prepayment were made by the Borrower pursuant to Section 2.06 2.6 of this Agreement. Without limiting the generality of the foregoing sentence, the Borrower hereby agrees that distributions in respect of any Collateral and any amounts received by any Secured Party or any other Person in the exercise of any powers conferred by each of the Loan Documents, may be applied as determined by agreement among all the Secured Parties under the Intercreditor and Collateral Agency Agreement, and any mortgage, charge, assignment or any other agreement or document required to be made or entered into by the Borrower in favor of any Secured Party shall be made in favor of the holders of debt issued under each Facility Agreement.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Digicel Group LTD)

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Acknowledgment of Certain Agreements. The Borrower authorizes and directs the Administrative Agent and each other Secured Party to pay, pursuant to Sections Section 3.01 and 3.02 of the Intercreditor and Collateral Agency Agreement and on behalf of the Borrower, those payments specified therein as provided therein, and if any prepayment of Advances shall be made, as a result of any actions taken pursuant to the terms of the Intercreditor and Collateral Agency Agreement, the Borrower agrees, for the avoidance of doubt, that the provisions of Section 2.3 of the Common Agreement shall apply in all cases to such prepayment as if such prepayment were made by the Borrower pursuant to Section 2.06 of this Agreement. Without limiting the generality of the foregoing sentence, the Borrower hereby agrees that distributions in respect of any Collateral and any amounts received by any Secured Party or any other Person in the exercise of any powers conferred by each of the Loan Documents, may be applied as determined by agreement among all the Secured Parties under the Intercreditor and Collateral Agency Agreement, and any mortgage, charge, assignment or any other agreement or document required to be made or entered into by the Borrower in favor of any Secured Party shall be made in favor of the holders of debt issued under each Facility Agreement.

Appears in 1 contract

Samples: Credit Agreement (Digicel Group LTD)

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