Nature of First Lien Obligations. (a) The Second Lien Agent on behalf of itself and the other Second Lien Secured Parties acknowledges that all or a portion of the First Lien Obligations are revolving in nature and that the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, and that subject to Section 6.02 the terms of the First Lien Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the First Lien Obligations may be increased, replaced or refinanced, in each event, without notice to or consent by the Second Lien Secured Parties and without affecting the provisions hereof. The Lien priorities provided in Section 2.01 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of either the First Lien Obligations or the Second Lien Obligations, or any part thereof. (b) First Lien Agent under any First Lien Agreement, on behalf of itself and the other First Lien Lenders, consents to Obligor entering into Approved Hedge Counterparty Swap Contracts and agrees that each of such Swap Contracts is a Lender Hedging Agreement.
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Samples: Credit Agreement (Quest Energy Partners, L.P.), Intercreditor Agreement (Quest Resource Corp)
Nature of First Lien Obligations. (a) The Second Lien Agent Trustee on behalf of itself and the other Second Lien Secured Parties Creditors acknowledges that all or a portion of the First Lien Obligations are revolving in nature and that the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, and that subject to Section 6.02 the terms of the First Lien Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the First Lien Obligations may be increased, replaced or refinanced, in each event, in accordance with Section 6.1 and without notice to or consent by affecting the provisions hereof. The First Lien Agent on behalf of itself and the other First Lien Creditors acknowledges that the terms of the Second Lien Secured Parties Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the Second Lien Obligations may be replaced or refinanced, in each event, in accordance with Section 6.2 and without affecting the provisions hereof. The Lien priorities provided in Section 2.01 2.1 (as modified by Section 2.4) shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of either the First Lien Obligations or the Second Lien Obligations, or any part thereof.
(b) First Lien Agent under any First Lien Agreement, on behalf of itself and the other First Lien Lenders, consents to Obligor entering into Approved Hedge Counterparty Swap Contracts and agrees that each of such Swap Contracts is a Lender Hedging Agreement.
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Samples: Second Lien Intercreditor Agreement, Second Lien Intercreditor Agreement (Black Elk Energy Finance Corp.)
Nature of First Lien Obligations. (a) The Second Lien Agent on behalf of itself and the other Second Lien Secured Parties Lenders acknowledges that all or a portion of the First Lien Obligations are revolving in nature and that the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, and that subject to Section 6.02 the terms of the First Lien Obligations may be modified, extended or amended from time to time, and that (subject to the proviso in the definition of First Lien Financing Agreement) the aggregate amount of the First Lien Obligations may be increased, replaced or refinanced, in each event, without notice to or consent by the Second Lien Secured Parties Agent or any Second Lien Lender and without affecting the provisions hereof. The Lien lien priorities provided in this Section 2.01 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of either the First Lien Obligations or the Second Lien Obligations, or any part portion thereof.
(b) First Lien Agent under any First Lien Agreement, on behalf of itself and the other First Lien Lenders, consents to Obligor entering into Approved Hedge Counterparty Swap Contracts and agrees that each of such Swap Contracts is a Lender Hedging Agreement.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Hanesbrands Inc.), First Lien Credit Agreement (Hanesbrands Inc.)
Nature of First Lien Obligations. (a) The Each Second Lien Agent Agent, for itself and on behalf of itself and the other Second Lien Secured Parties Parties, acknowledges that (a) all or a portion of the First Lien Obligations are may be revolving in nature and that nature, (b) the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, reborrowed and that (c) subject to Section 6.02 the terms of the First Lien Obligations may be modifiedlimitations set forth in this Agreement, extended or amended from time to time, and that the aggregate amount of the First Lien Obligations may be increased, replaced extended, renewed, replaced, restated, supplemented, restructured, repaid, refunded, refinanced or refinanced, in each eventotherwise amended or modified from time to time, without notice to or consent by the Second Lien Secured Parties and without affecting the provisions hereof. The Lien lien priorities provided in Section 2.01 Sections 2.1 and 2.2 shall not be altered or otherwise affected by any such amendmentincrease, modificationextension, renewal, replacement, restatement, supplement, extensionrestructuring, repayment, reborrowingrefund, increase, replacement, renewal, restatement refinancing or refinancing other amendment or modification of either the First Lien Obligations or the Second Lien Obligations, or any part portion thereof.
(b) First Lien Agent under , by the release of any Collateral or of any guarantees securing any First Lien Agreement, on behalf of itself and the other Obligations or Second Lien Obligations or by any action that any First Lien LendersAgent, consents Second Lien Agent, First Lien Secured Party or Second Lien Secured Party may take or fail to Obligor entering into Approved Hedge Counterparty Swap Contracts and agrees that each take in respect of such Swap Contracts is a Lender Hedging Agreementany Collateral.
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