Common use of Revolving Nature of Certain First Lien Obligations Clause in Contracts

Revolving Nature of Certain First Lien Obligations. Each Agent, for and on behalf of itself and the Secured Parties represented thereby, expressly acknowledges and agrees that (i) the Original First Lien Credit Agreement [and the First Lien Credit Agreement]ix includes one or more revolving commitments, that in the ordinary course of business the Original First Lien Agent and certain First Lien Credit Agreement Lenders[, the [ ] Agent and certain [ ] Lenders]x may apply payments and make advances thereunder, and one or more incremental commitments of various classes, and (ii) the amount of the Original First Lien Obligations [or [ ] Obligations]xi that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original First Lien Obligations [or [ ] Obligations]xii thereunder may be modified, extended or amended from time to time, and that the aggregate amount of the Original First Lien Obligations[, [ ] Obligations]xii or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by any other Secured Parties and without affecting the provisions hereof; provided, however, that from and after the date on which the Original First Lien Agent or any Original First Lien Credit Agreement Lender [or the [ ] Agent or any [ ] Lenders]xi commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien Agent or any such Original First Lien Credit Agreement Lender [or the [ ] Agent or any [ ] Lenders]xi as a result of such Exercise of Secured Creditor Remedies shall be applied as specified in this Section 4.01. The Lien Priority shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of the Original First Lien Obligations, the [ ]i [First/Second]ii Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 5 contracts

Samples: Aircraft Security Agreement (American Airlines, Inc.), Security Agreement (American Airlines Inc), Credit Agreement (American Airlines Inc)

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Revolving Nature of Certain First Lien Obligations. Each The Second Lien Agent, for and on behalf of itself and the Second Lien Secured Parties represented therebyParties, expressly acknowledges and agrees that (i) the Original First Lien Credit Agreement [and the First Lien Credit Agreement]ix includes one or more a revolving commitmentscommitment, that in the ordinary course of business the Original First Lien Agent and certain the First Lien Credit Agreement Lenders[, the [ ] Agent and certain [ ] Lenders]x may Lenders will apply payments and make advances thereunder, and one that no application of any Collateral or more incremental commitments the release of various classesany Lien by the First Lien Agent upon any portion of the Collateral in connection with a permitted disposition by the Loan Parties under the First Lien Credit Agreement as in effect on the date hereof, and prior to a First Lien Event of Default shall constitute the Exercise of Secured Creditor Remedies under this Agreement; (ii) the amount of the Original First Lien Obligations [or [ ] Obligations]xi that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original First Lien Obligations [or [ ] Obligations]xii thereunder may be modified, extended or amended from time to timetime (in accordance with Section 5.2), and that the aggregate amount of the Original First Lien Obligations[, [ ] Obligations]xii or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by any other the Second Lien Secured Parties and without affecting the provisions hereof; provided, however, that from and after (iii) all Collateral received by the date on which the Original First Lien Agent may be applied, reversed, reapplied or any Original credited, in whole or in part, to the First Lien Credit Agreement Lender [or the [ ] Agent or Obligations at any [ ] Lenders]xi commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien Agent or any such Original First Lien Credit Agreement Lender [or the [ ] Agent or any [ ] Lenders]xi as a result of such Exercise of Secured Creditor Remedies shall be applied as specified in this Section 4.01time. The Lien Priority 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 Original First Lien Obligations, Obligations or the [ ]i [First/Second]ii Second Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 2 contracts

Samples: Intercreditor Agreement (Rh), Intercreditor Agreement (Rh)

Revolving Nature of Certain First Lien Obligations. Each Agent, for and on behalf of itself and the Secured Parties represented thereby, expressly acknowledges and agrees that (i) the Original April 2012 First Lien Credit Agreement [includes (and the First Lien future Additional Credit Agreement]ix includes one or more Facilities may include) a revolving commitmentscommitment, that in the ordinary course of business the Original April 2012 First Lien Agent and certain April 2012 First Lien Credit Agreement Lenders[, the [ ] Lenders will (and any Additional Agent and certain [ ] Lenders]x may Additional Creditors may) apply payments and make advances thereunder, and one or more incremental commitments of various classes, and ; (ii) the amount of the Original April 2012 First Lien Obligations [or [ ] Obligations]xi Additional Obligations that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original April 2012 First Lien Obligations [or [ ] Obligations]xii thereunder Additional Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the Original April 2012 First Lien Obligations[, [ ] Obligations]xii Obligations or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by any other Secured Parties and without affecting the provisions hereof; provided, however, that from and after the date on which the Original First Lien any Agent or any Original First Lien Credit Agreement Lender [or the [ ] Agent or any [ ] Lenders]xi Secured Party commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien such Agent or any such Original First Lien Credit Agreement Lender [or the [ ] Agent or any [ ] Lenders]xi as a result of such Exercise of Secured Creditor Remedies Party shall be applied as specified in this Section 4.014.1. The Lien Priority shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, renewal or restatement or refinancing of the Original April 2012 First Lien Obligations, the [ ]i [First/Second]ii March 2018 Second Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Syniverse Holdings Inc)

Revolving Nature of Certain First Lien Obligations. Each Agent, for and on behalf of itself and the Secured Parties represented thereby, expressly acknowledges and agrees that (i) the Original April 2012 First Lien Credit Agreement [includes (and the First Lien future Additional Credit Agreement]ix includes one or more Facilities may include) a revolving commitmentscommitment, that in the ordinary course of business the Original April 2012 First Lien Agent and certain April 2012 First Lien Credit Agreement Lenders[, the [ ] Lenders will (and any Additional Agent and certain [ ] Lenders]x may Additional Creditors may) apply payments and make advances thereunder, and one or more incremental commitments of various classes, and ; (ii) the amount of the Original April 2012 First Lien Obligations [or [ ] Obligations]xi Additional Obligations that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original April 2012 First Lien Obligations [or [ ] Obligations]xii thereunder Additional Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the Original April 2012 First Lien Obligations[, [ ] Obligations]xii Obligations or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by the any other Secured Parties and without affecting the provisions hereof; provided, however, that from and after the date on which the Original First Lien Agent or any Original First Lien Credit Agreement Lender [Creditor (or the [ ] any Additional Agent or any [ ] Lenders]xi Additional Creditor) commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien Agent or any such Original First Lien Credit Agreement Lender [Creditor (or the [ ] any such Additional Agent or any [ ] Lenders]xi as a result of such Exercise of Secured Creditor Remedies Additional Creditor) shall be applied as specified in this Section 4.014.1. The Lien Priority shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, renewal or restatement or refinancing of the Original April 2012 First Lien Obligations, the [ ]i [First/Second]ii February 2013 First Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 1 contract

Samples: Credit Agreement (Syniverse Holdings Inc)

Revolving Nature of Certain First Lien Obligations. Each Agent, for and on behalf of itself and the Secured Parties represented thereby, expressly acknowledges and agrees that (i) the Original April 2012 First Lien Credit Agreement [and the First Lien [ ]]13 includes (and future Additional Credit Agreement]ix includes one or more Facilities may include) a revolving commitmentscommitment, that in the ordinary course of business the Original April 2012 First Lien Agent and [and] certain April 2012 First Lien Credit Agreement LendersLenders [, the [ ] Agent and certain [ ] Lenders]x may Lenders]14 will (and any Additional Agent and Additional Creditors may) apply payments and make advances thereunder, and one or more incremental commitments of various classes, and ; (ii) the amount of the Original April 2012 First Lien Obligations [or , [ ] Obligations]xi Obligations]15 or Additional Obligations that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original April 2012 First Lien Obligations [or , [ ] Obligations]xii thereunder Obligations]15 or Additional Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the Original April 2012 First Lien ObligationsObligations [, [ ] Obligations]xii Obligations]15 or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by the any other Secured Parties and without affecting the provisions hereof; provided, however, that from and after the date on which the Original First Lien Agent or [or] any Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi Lenders]14 (or any Additional Agent or Additional Creditor) commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien Agent or [or] any such Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi as a result of Lenders]12 (or any such Exercise of Secured Creditor Remedies Additional Agent or Additional Creditor) shall be applied as specified in this Section 4.014.1. The Lien Priority shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, renewal or restatement or refinancing of the Original April 2012 First Lien Obligations, the [ ]i 1 [First/Second]ii Second]2 Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 1 contract

Samples: Assignment and Assumption (Syniverse Holdings Inc)

Revolving Nature of Certain First Lien Obligations. Each Agent, for and on behalf of itself and the Secured Parties represented thereby, expressly acknowledges and agrees that (i) the Original July 2012 First Lien Credit Agreement [and the First Lien [ ]]13 includes (and future Additional Credit Agreement]ix includes one or more Facilities may include) a revolving commitmentscommitment, that in the ordinary course of business the Original July 2012 First Lien Agent and [and] certain July 2012 First Lien Credit Agreement LendersLenders [, the [ ] Agent and certain [ ] Lenders]x may Lenders]14 will (and any Additional Agent and Additional Creditors may) apply payments and make advances thereunder, and one or more incremental commitments of various classes, and ; (ii) the amount of the Original July 2012 First Lien Obligations [or , [ ] Obligations]xi Obligations]15 or Additional Obligations that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original July 2012 First Lien Obligations [or , [ ] Obligations]xii thereunder Obligations]15 or Additional Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the Original July 2012 First Lien ObligationsObligations [, [ ] Obligations]xii Obligations]15 or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by any other Secured Parties and without affecting the provisions hereof; provided, however, that from and after the date on which the Original First Lien Agent or [or] any Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi Lenders]14 (or any Additional Agent or Additional Creditor) commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien Agent or [or] any such Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi as a result of Lenders]14 (or any such Exercise of Secured Creditor Remedies Additional Agent or Additional Creditor) shall be applied as specified in this Section 4.014.1. The Lien Priority shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, renewal or restatement or refinancing of the Original July 2012 First Lien Obligations, the [ ]i 1 [First/Second]ii Second]2 Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 1 contract

Samples: Credit Agreement (Booz Allen Hamilton Holding Corp)

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Revolving Nature of Certain First Lien Obligations. Each Agent, for and on behalf of itself and the Secured Parties represented thereby, expressly acknowledges and agrees that (i) the Original First Lien Credit Agreement [and the First [ ] [First/Second] Lien Credit Agreement]ix Agreement]17 includes one or more (and future Additional Credit Facilities may include) a revolving commitmentscommitment, that in the ordinary course of business the Original First Lien Agent and [and] certain Original First Lien Credit Agreement LendersLenders [, the [ ] Agent and certain [ ] Lenders]x may Lenders]18 will (and any Additional Agent and Additional Creditors may) apply payments and make advances thereunder, and one or more incremental commitments of various classes, and ; (ii) the amount of the Original First Lien Obligations [or , [ ] Obligations]xi Obligations]19 or Additional Obligations that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original First Lien Obligations [or , [ ] Obligations]xii thereunder [First][Second] Lien Obligations]19 or Additional Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the Original First Lien ObligationsObligations [, [ ] Obligations]xii Obligations]19 or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by any other Secured Parties and without affecting the provisions hereof; provided, however, that from and after the date on which the Original First Lien Agent or [or] any Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi Lenders]18 (or any Additional Agent or Additional Creditor) commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien Agent or [or] any such Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi as a result of Lenders]18 (or any such Exercise of Secured Creditor Remedies Additional Agent or Additional Creditor) shall be applied as specified in this Section 4.014.1. The Lien Priority shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of the Original First Lien Obligations, the [ ]i 1 [First/Second]ii Second]2 Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 1 contract

Samples: Assignment and Assumption (Tribune Media Co)

Revolving Nature of Certain First Lien Obligations. Each Agent, for and on behalf of itself and the Secured Parties represented thereby, expressly acknowledges and agrees that (i) the Original February 2019 First Lien Credit Agreement [and the First Lien [ ]]13 includes (and future Additional Credit Agreement]ix includes one or more Facilities may include) a revolving commitmentscommitment, that in the ordinary course of business the Original February 2019 First Lien Agent and [and] certain February 2019 First Lien Credit Agreement LendersLenders [, the [ ] Agent and certain [ ] Lenders]x may Lenders]14 will (and any Additional Agent and Additional Creditors may) apply payments and make advances thereunder, and one or more incremental commitments of various classes, and ; (ii) the amount of the Original February 2019 First Lien Obligations [or , [ ] Obligations]xi Obligations]15 or Additional Obligations that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original February 2019 First Lien Obligations [or , [ ] Obligations]xii thereunder Obligations]15 or Additional Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the Original February 2019 First Lien ObligationsObligations [, [ ] Obligations]xii Obligations]15 or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by any other Secured Parties and without affecting the provisions hereof; provided, however, that from and after the date on which the Original First Lien Agent or [or] any Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi Lenders]14 (or any Additional Agent or Additional Creditor) commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien Agent or [or] any such Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi as a result of Lenders]14 (or any such Exercise of Secured Creditor Remedies Additional Agent or Additional Creditor) shall be applied as specified in this Section 4.014.1. The Lien Priority shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, renewal or restatement or refinancing of the Original February 2019 First Lien Obligations, the [ ]i 1 [First/Second]ii Second]2 Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Covetrus, Inc.)

Revolving Nature of Certain First Lien Obligations. Each Agent, for and on behalf of itself and the Secured Parties represented thereby, expressly acknowledges and agrees that (i) the Original First Lien Credit Agreement [and the First [ ] [First/Second] Lien Credit Agreement]ix Agreement](15) includes one or more (and future Additional Credit Facilities may include) a revolving commitmentscommitment, that in the ordinary course of business the Original First Lien Agent and [and] certain Original First Lien Credit Agreement LendersLenders [, the [ ] Agent and certain [ ] Lenders]x may Lenders](16) will (and any Additional Agent and Additional Creditors may) apply payments and make advances thereunder, and one or more incremental commitments of various classes, and ; (ii) the amount of the Original First Lien Obligations [or , [ ] Obligations]xi Obligations](17) or Additional Obligations that may be outstanding thereunder at any time or from time to time may be increased or reduced and subsequently reborrowed, and that the terms of the Original First Lien Obligations [or , [ ] Obligations]xii thereunder [First][Second] Lien Obligations](17) or Additional Obligations may be modified, extended or amended from time to time, and that the aggregate amount of the Original First Lien ObligationsObligations [, [ ] Obligations]xii Obligations](17) or Additional Obligations thereunder may be increased, replaced or refinanced, in each event, without notice to or consent by any other Secured Parties and without affecting the provisions hereof; provided, however, that from and after the date on which the Original First Lien Agent or [or] any Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi Lenders](16) (or any Additional Agent or Additional Creditor) commences the Exercise of Secured Creditor Remedies, all amounts received by the Original First Lien Agent or [or] any such Original First Lien Credit Agreement Lender Creditor [or , the [ ] Agent or any [ ] Lenders]xi as a result of Lenders](16) (or any such Exercise of Secured Creditor Remedies Additional Agent or Additional Creditor) shall be applied as specified in this Section 4.014.1. The Lien Priority shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of the Original First Lien Obligations, the [ ]i (1) [First/Second]ii Second](2) Lien Obligations, or any Additional Obligations, or any portion thereof.

Appears in 1 contract

Samples: Pledge and Security Agreement (Lannett Co Inc)

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