First Lien Financing Documents Clause Samples
First Lien Financing Documents. Set forth on Schedule 3.25 is a list of all First Lien Financing Documents as of the Closing Date, true and correct copies of which have been provided by the Borrower to the Lender. As of the Closing Date, no Event of Default (as defined in the First Lien Financing Agreement) exists and Borrower and the First Lien Loan Parties are in full compliance with the terms of the First Lien Financing Documents. The First Lien Financing Documents comply in all material respects with all applicable laws, are in full force and effect as of the Closing Date and have not been terminated, rescinded or withdrawn as of such date. The execution, delivery and performance of the First Lien Financing Documents by Borrower and the other First Lien Loan Parties did not and will not require any registration with, consent, or approval of, or notice to, or other action with or by, any Governmental Authority, other than (x) consents or approvals that have been obtained and that are still in full force and effect, and (y) consents or approvals the failure of which to obtain could not reasonably be expected to be (A) materially adverse to the business, operations, or financial condition of Borrower or (B) materially adverse to the interests of Lender.
First Lien Financing Documents. Borrower shall comply in all material respects with all terms, covenants, and conditions set forth in the First Lien Financing Documents. Promptly upon Borrower’s receipt of any notice of default under the First Lien Financing Documents, Borrower shall provide a copy of such notice to Lender. If Borrower fails to cure such default within any applicable cure period, then, if Borrower has not cured such default within the ten (10)-day period referred to below (or such longer period as agreed between Borrower and Lender) or the First Lien Agent has not agreed to waive or forbear from exercising remedies as a result of such default, Borrower agrees that, upon ten (10) days’ notice to Borrower (during which time Borrower may cure such default or provide evidence of waiver or forbearance), Lender shall have the right to cure such default on Borrower’s behalf and any amounts expended by Lender to cure such default shall be secured by the Mortgage and shall bear interest at the Default Rate.