Common use of Nature of First Lien Obligations Clause in Contracts

Nature of First Lien Obligations. The Second Lien Administrative Agent, for itself and on behalf of the other Second Lien Claimholders, acknowledges that (a) a portion of the First Lien Obligations are revolving in 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 subject to the limitations set forth in this Agreement, (c) the terms of the First Lien Obligations may be modified, extended or amended from time to time subject to the limitations set forth in this Agreement, and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” or in Section 5.3, the aggregate amount of the First Lien Obligations may be increased or Refinanced, in either event, without notice to or consent by the Second Lien Claimholders and without affecting the provisions hereof. The lien priorities provided in Sections 2.1 and 2.2 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 portion thereof to the extent made in compliance with the terms of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (American Pacific Corp)

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Nature of First Lien Obligations. The Each Second Lien Administrative Collateral Agent, for itself and on behalf of the other itself and each Second Lien ClaimholdersClaimholder represented by it, acknowledges that (ai) a portion of the First Lien Obligations are is revolving in nature, (b) 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 subject to the limitations set forth in this Agreementre-borrowed, (cii) the terms of the First Lien Loan Documents and the First Lien Obligations may be modifiedamended, extended supplemented or amended from time to time subject to the limitations set forth in this Agreement, otherwise modified and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” or in Section 5.3, iii) the aggregate amount of the First Lien Obligations may be increased or Refinancedincreased, in either eventeach case, without notice to or consent by the Second Lien Collateral Agents or the Second Lien Claimholders and without affecting the provisions hereof. The lien Lien priorities provided for in Sections Section 2.1 and 2.2 shall not be altered or otherwise affected by any such amendment, supplement or other modification, supplementor any Refinancing, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing of either the First Lien Obligations or the Second Lien Obligations, or any portion thereof thereof. As between the Company and the other Grantors and the Second Lien Claimholders, the foregoing provisions will not limit or otherwise affect the obligations of the Company and the Grantors contained in any Second Lien Loan Document with respect to the extent made incurrence of additional First Lien Obligations. Refinancing of First Lien Obligations may be effectuated in compliance accordance with this Agreement and any such Refinancing into Indebtedness that constitutes First Lien Obligations shall have the terms benefit of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (RadNet, Inc.)

Nature of First Lien Obligations. The Subject to Section 5.3 hereof, the Second Lien Administrative Collateral Agent, for itself and on behalf of the other Second Lien Claimholders, acknowledges that (a) a portion of the First Lien Obligations are revolving in nature, (b) the amount thereof of such revolving First Lien Obligations that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed subject to the limitations set forth in this Agreementre-borrowed, (c) the terms of the First Lien Obligations may be modified, extended or amended from time to time subject to the limitations set forth in this Agreementtime, and (d) the aggregate amount of the First Lien Obligations may be increased or Refinanced (to the extent permitted under the Second Lien Indenture), subject in either event, without notice to or consent by the Second Lien Claimholders and without affecting the provisions hereof. Subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” or in and Section 5.3, the aggregate amount of the First Lien Obligations may be increased or Refinanced, in either event, without notice to or consent by the Second Lien Claimholders and without affecting the provisions hereof. The lien priorities provided in Sections 2.1 and 2.2 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 portion thereof to the extent made in compliance with the terms of this Agreementthereof.

Appears in 1 contract

Samples: Intercreditor Agreement (AMERICAN EAGLE ENERGY Corp)

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Nature of First Lien Obligations. The Second Lien Administrative Agent, for itself and Representative on behalf of itself and the other Second Lien Claimholders, Secured Parties acknowledges that (a) a portion of the First Lien Obligations are revolving in nature, (b) 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 subject to the limitations set forth in this Agreementreborrowed, (c) and that the terms of the First Lien Obligations may be modified, extended or amended from time to time subject to the limitations set forth in this Agreementtime, and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” or in Section 5.3, that the aggregate amount of the First Lien Obligations may be increased, replaced or refinanced (including replacement or refinancing of such increased amounts and including under the same or Refinanceddifferent documents and with the same or different lenders and/or representatives, all of which shall be deemed to be the Existing First Lien Credit Agreement wherever such term is used herein), in either each event, without notice to or consent by the Second Lien Claimholders Secured Parties and without affecting the provisions hereofhereof (subject, in each case, to the provisions set forth in Section 9.01 of the Existing First Lien Credit Agreement). The lien priorities provided in Sections 2.1 and 2.2 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 refinancing of either the First Lien Obligations or the Second Lien Obligations, or any portion thereof to the extent made in compliance with the terms of this Agreementthereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Triple Crown Media, Inc.)

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