Common use of Releases of Second Priority Lien Clause in Contracts

Releases of Second Priority Lien. (a) Upon any release, sale or disposition of all or any portion of the Common Collateral permitted pursuant to the terms of the First Priority Documents (including pursuant to any waiver, consent, amendment or other modifications thereto) that results in the release of the First Priority Lien on any Common Collateral (excluding the release of all First Priority Liens in connection with the payment in full of all First Priority Obligations), the Second Priority Lien on such Common Collateral (excluding any portion of the proceeds of such Common Collateral remaining after the First Priority Obligations Payment Date occurs) shall be automatically and unconditionally released with no further consent or action of any Person.

Appears in 6 contracts

Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)

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Releases of Second Priority Lien. (a) Upon any release, sale or disposition of all or any portion of the Common Collateral permitted pursuant to the terms of the First Priority Documents (including pursuant to any waiver, consent, amendment or other modifications thereto) that results in the release of the First Priority Lien on any Common Collateral and (excluding i) is permitted pursuant to the release terms of all the Second Priority Documents, (ii) results from any Enforcement Action taken by the First Priority Liens in connection with Secured Parties or (iii) occurs pursuant to a sale under Section 363 of the payment in full of all First Priority Obligations)Bankruptcy Code, the Second Priority Lien on such Common Collateral (excluding any portion of the proceeds of such Common Collateral remaining after the First Priority Obligations Payment Date occurs) shall be automatically and unconditionally released with no further consent or action of any Person.

Appears in 2 contracts

Samples: Credit Agreement (Moneygram International Inc), Intercreditor Agreement (Moneygram International Inc)

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Releases of Second Priority Lien. (a) Upon any release, sale or disposition of all or any portion of the Common Collateral permitted pursuant to the terms of the First Priority Documents (including pursuant to any waiver, consent, amendment or other modifications thereto) that results in the release of the First Priority Lien on any Common Collateral and (excluding i) is permitted pursuant to the release terms of all the Second Priority Documents, (ii) results from any Enforcement Action taken by the First Priority Liens in connection with Secured Parties or (iii) occurs pursuant to a sale under section 363 of the payment in full of all First Priority Obligations)Bankruptcy Code, the Second Priority Lien on such Common Collateral (excluding any portion of the proceeds of such Common Collateral remaining after the First Priority Obligations Payment Date occurs) shall be automatically and unconditionally released with no further consent or action of any Person.

Appears in 2 contracts

Samples: Credit Agreement (Moneygram International Inc), Note Purchase Agreement (Moneygram International Inc)

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