Priority Debt Sharing Confirmation. The Purchaser hereby agrees, for the benefit of all holders of each other existing and future Series of Priority Lien Debt and each existing and future Priority Debt Representative, that all Priority Lien Obligations will be and are secured equally and ratably by all Liens (as defined in the Collateral Trust Agreement) at any time granted by Banro or any Obligor (as defined in the Collateral Trust Agreement) to secure the obligations in respect of the Priority Notes, whether or not upon property otherwise constituting Collateral (as defined in the Collateral Trust Agreement), that all such Liens will be enforceable by the Collateral Agent for the benefit of all holders of Priority Lien Obligations equally and ratably (except that the Priority Stream Obligations (as defined in the Collateral Trust Agreement) shall be paid in priority to the other Priority Lien Obligations in accordance with Section 3.4(a) of the Collateral Trust Agreement), and that the Purchaser is bound by the provisions in the Collateral Trust Agreement relating to the order of application of proceeds from enforcement of such Liens, and consent to and direct the Collateral Agent to perform its obligations under the Collateral Trust Agreement.
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Samples: Gold Purchase and Sale Agreement (Banro Corp), Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp)
Priority Debt Sharing Confirmation. The Purchaser hereby agrees, for the benefit of all holders of each other existing and future Series of Priority Lien Debt and each existing and future Priority Debt Representative, that as of the Security Trigger Event, all Priority Lien Obligations will be and are secured equally and ratably by all Liens (as defined in the Collateral Trust Agreement) at any time granted by Banro or any Obligor (as defined in the Collateral Trust Agreement) to secure the obligations in respect of the Priority Notes, whether or not upon property otherwise constituting Collateral (as defined in the Collateral Trust Agreement), that all such Liens will be enforceable by the Collateral Agent for the benefit of all holders of Priority Lien Obligations equally and ratably (except that the Priority Stream Obligations (as defined in the Collateral Trust Agreement) shall be paid in priority to the other Priority Lien Obligations in accordance with Section 3.4(a) of the Collateral Trust Agreement), and that the Purchaser is bound by the provisions in the Collateral Trust Agreement relating to the order of application of proceeds from enforcement of such Liens, and consent to and direct the Collateral Agent to perform its obligations under the Collateral Trust Agreement.
Appears in 3 contracts
Samples: Gold Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp)
Priority Debt Sharing Confirmation. The Purchaser Purchasers hereby agreesagree, for the benefit of all holders of each other existing and future Series of Priority Lien Debt and each existing and future Priority Debt Representative, that all Priority Lien Obligations will be and are secured equally and ratably by all Liens (as defined in the Collateral Trust Agreement) at any time granted by Banro or any Obligor (as defined in the Collateral Trust Agreement) to secure the obligations in respect of the Priority NotesNamoya Forward Secured Obligations (as defined in the Collateral Trust Agreement) and the Secured Amount, whether or not upon property otherwise constituting Collateral (as defined in the Collateral Trust Agreement), that all such Liens will be enforceable by the Collateral Agent for the benefit of all holders of Priority Lien Obligations equally and ratably (except that the Namoya Priority Stream Obligations and the Twangiza Priority Stream obligations (as each is defined in the Collateral Trust Agreement) shall be paid in priority to the other Priority Lien Obligations in accordance with Section 3.4(a) of the Collateral Trust Agreement), and that the Purchaser is Purchasers are bound by the provisions in the Collateral Trust Agreement relating to the order of application of proceeds from enforcement of such Liens, and consent to and direct the Collateral Agent to perform its obligations under the Collateral Trust Agreement.
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Priority Debt Sharing Confirmation. The Purchaser hereby agreesEach of the Agent, the Lenders (on its own behalf and on behalf of its Hedging Affiliates) and each Cash Manager hereby: (a) acknowledges that it has received and reviewed the Collateral Agent and Intercreditor Agreement and agrees to be bound to the terms thereof, (b) agrees and confirms for the benefit of all holders of each other existing and future Series of Priority Lien Debt and each existing and future Priority Debt Representative, Lien Representative that for purposes of the Collateral Agent and Intercreditor Agreement that (i) all Priority Lien Obligations will be and are secured equally and ratably rateably by all Liens (as defined in the Collateral Trust Agreement) Security Interests at any time granted by Banro the Borrower or any Obligor (as defined in the Collateral Trust Agreement) other Material Subsidiary to secure the obligations in respect of the Priority Notesany Secured Obligations, whether or not upon property otherwise constituting Collateral (under and as defined in the Collateral Trust Agent and Intercreditor Agreement), that (ii) all such Liens Security Interests will be enforceable by the Collateral Agent for the benefit of all holders of Priority Lien Obligations equally and ratably (except that the Priority Stream Obligations (as defined in the Collateral Trust Agreement) shall be paid in priority to the other Priority Lien Obligations in accordance with Section 3.4(a) of the Collateral Trust Agreement)rateably, and that (iii) the Purchaser is Agent, Lenders, Hedging Affiliates and each Cash Manager are bound by the provisions in of the Collateral Trust Agent and Intercreditor Agreement relating to the order of application of proceeds from enforcement of such LiensSecurity Interests, and (c) consent to and direct the Collateral Agent to perform its obligations under the Collateral Trust Agent and Intercreditor Agreement.
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Priority Debt Sharing Confirmation. The Purchaser Lenders hereby agreesagree, for the benefit of all holders of each other existing and future Series of Priority Lien Debt and each existing and future Priority Debt Representative, that all Priority Lien Obligations will be and are secured equally and ratably by all Liens (as defined in the Collateral Trust Agreement) at any time granted by Banro the Borrower or any Obligor (as defined in the Collateral Trust Agreement) to secure the obligations in respect of the Borrower and the Guarantors to the Lenders under this Agreement (except that the Priority NotesStream Obligations and the Twangiza Priority Stream Obligations (each as defined in the Collateral Trust Agreement) shall be paid in priority to the other Priority Lien Obligations in accordance with Section 3.4(a)), whether or not upon property otherwise constituting Collateral (as defined in the Collateral Trust Agreement), that all such Liens will be enforceable by the Collateral Agent for the benefit of all holders of Priority Lien Obligations equally and ratably (except that the Priority Stream Obligations (as defined in and the Collateral Trust Agreement) Twangiza Priority Stream Obligations shall be paid in priority to the other Priority Lien Obligations in accordance with Section 3.4(a) of the Collateral Trust Agreement)), and that the Purchaser is Lenders are bound by the provisions in the Collateral Trust Agreement relating to the order of application of proceeds from enforcement of such Liens, and consent to and direct the Collateral Agent to perform its obligations under the Collateral Trust this Agreement.
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Priority Debt Sharing Confirmation. The Purchaser Buyers of the Priority Notes hereby agreesagree, for the benefit of all holders of each other existing and future Series of Priority Lien Debt and each existing and future Priority Debt Representative, that all Priority Lien Obligations will be and are secured equally and ratably by all Liens (as defined in the Collateral Trust Agreement) at any time granted by Banro the Company or any Obligor (as defined in the Collateral Trust Agreement) to secure the obligations in respect of the Priority Notes, whether or not upon property otherwise constituting Collateral (as defined in the Collateral Trust Agreement), that all such Liens will be enforceable by the Collateral Agent for the benefit of all holders of Priority Lien Obligations equally and ratably (except that the Priority Stream Obligations (as defined in the Collateral Trust Agreement) shall be paid in priority to the other Priority Lien Obligations in accordance with Section 3.4(a) of the Collateral Trust Agreement)ratably, and that the Purchaser is Buyers of the Priority Notes are bound by the provisions in the Collateral Trust Agreement relating to the order of application of proceeds from enforcement of such Liens, and consent to and direct the Collateral Agent to perform its obligations under the Collateral Trust Agreement.
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Priority Debt Sharing Confirmation. The Purchaser hereby agrees, for the benefit of all holders of each other existing and future Series of Priority Lien Debt and each existing and future Priority Debt Representative, that all Priority Lien Obligations will be and are secured equally and ratably by all Liens (as defined in the Collateral Trust Agreement) at any time granted by Banro or any Obligor (as defined in the Collateral Trust Agreement) to secure the obligations in respect of the Priority NotesTwangiza Forward Secured Obligations (as defined in the Note Indenture) and the Additional Tranche 3 Secured Amount, whether or not upon property otherwise constituting Collateral (as defined in the Collateral Trust Agreement), that all such Liens will be enforceable by the Collateral Agent for the benefit of all holders of Priority Lien Obligations equally and ratably (except that the Priority Stream Obligations (as defined in the Collateral Trust Agreement) shall be paid in priority to the other Priority Lien Obligations in accordance with Section 3.4(a) of the Collateral Trust Agreement), and that the Purchaser is bound by the provisions in the Collateral Trust Agreement relating to the order of application of proceeds from enforcement of such Liens, and consent to and direct the Collateral Agent to perform its obligations under the Collateral Trust Agreement.
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