Common use of Revolving Nature of Loan Agreement Secured Obligations Clause in Contracts

Revolving Nature of Loan Agreement Secured Obligations. As long as the Agent is not exercising any of its remedies as a secured creditor under the Lender Loan Documents and including during any Standstill Period, the Agent may apply any and all of the proceeds of the Collateral consisting of accounts receivable, other rights to payment or cash collateral (other than distribution of any Reorganization Securities) in accordance with the provisions of the Lender Loan Documents, subject to the provisions of this Agreement, including Sections 3.02 and 4.02 hereof. The Trustee, for and on behalf of itself and the Noteholders, expressly acknowledges and agrees that (a) any such application of the proceeds of accounts receivable, other rights to payment or Cash Collateral or the release of any Lien by the Agent upon any portion of the Collateral in connection with an Asset Sale permitted under Section 7.4 of the Original Loan Agreement (or any corresponding provision of any other Lender Loan Document) shall not be considered to be the exercise of remedies under this Agreement; and (b) all Proceeds or Cash Collateral received by Agent in connection therewith may be applied, reversed, reapplied, credited or reborrowed, in whole or in part, as Loan Agreement Secured Obligations without reducing the Maximum Priority Debt Amount.

Appears in 1 contract

Samples: Intercreditor and Lien Subordination Agreement (Majestic Holdco, LLC)

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Revolving Nature of Loan Agreement Secured Obligations. As long as the Agent Lender is not exercising any of its remedies as a secured creditor under the Lender Loan Documents and including during any Standstill Period, the Agent Lender may apply any and all of the proceeds of the Collateral consisting of accounts receivable, other rights to payment or cash collateral (other than distribution of any Reorganization Securities) Cash Collateral in accordance with the provisions of the Lender Loan Documents, subject to the provisions of this Agreement, including Sections 3.02 and 4.02 hereof. The TrusteeCollateral Agent, for and on behalf of itself itself, the Trustee, and the Noteholders, expressly acknowledges and agrees that (a) any such application of the proceeds of accounts receivable, other rights to payment or Cash Collateral or the release of any Lien by the Agent Lender upon any portion of the Collateral in connection with an Asset Sale permitted under Section 7.4 of a Permitted Disposition (as that term is defined in the Original Loan Agreement (or any corresponding provision of any other Lender Loan DocumentDocuments) shall not be considered to be the exercise of remedies under this Agreement; and (b) all Proceeds or Cash Collateral received by Agent Lender in connection therewith may be applied, reversed, reapplied, credited or reborrowed, in in, whole or in part, as Loan Agreement Secured Obligations without reducing the Maximum Priority Debt Amount.

Appears in 1 contract

Samples: Intercreditor Agreement (Empire Resorts Inc)

Revolving Nature of Loan Agreement Secured Obligations. As long as the Agent Lender is not exercising any of its remedies as a secured creditor under the Lender Loan Documents and including during any Standstill Period, the Agent Lender may apply any and all of the proceeds of the Collateral consisting of accounts receivable, other rights to payment or cash collateral (other than distribution of any Reorganization Securities) Cash Collateral in accordance with the provisions of the Lender Loan Documents, subject to the provisions of this Agreement, including Sections 3.02 and 4.02 hereof. The TrusteeCollateral Agent, for and on behalf of itself itself, the Trustee, and the Noteholders, expressly acknowledges and agrees that (a) any such application of the proceeds of accounts receivable, other rights to payment or Cash Collateral or the release of any Lien by the Agent Lender upon any portion of the Collateral in connection with an Asset Sale permitted under Section 7.4 of a Permitted Disposition (as that term is defined in the Original Loan Agreement (or any corresponding provision of any other Lender Loan DocumentAgreement) shall not be considered to be the exercise of remedies under this Agreement; and (b) all Proceeds or Cash Collateral received by Agent Lender in connection therewith may be applied, reversed, reapplied, credited or reborrowed, in whole or in part, as Loan Agreement Secured Obligations without reducing the Maximum Priority Debt Amount.

Appears in 1 contract

Samples: Subordination Agreement (Mortons Restaurant Group Inc)

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Revolving Nature of Loan Agreement Secured Obligations. As long as the Agent is not exercising any of its remedies as a secured creditor under the Lender Loan Documents and including during any Standstill Period, the Agent may apply any and all of the proceeds of the Collateral consisting of accounts receivable, rental payments under the Leases, other rights to payment or cash collateral (other than distribution of any Reorganization Securities) Cash Collateral in accordance with the provisions of the Lender Loan Documents, subject to the provisions of this Agreement, including Sections 3.02 and 4.02 hereof. The TrusteeCollateral Agent, for and on behalf of itself itself, the Trustee, and the Noteholders, expressly acknowledges and agrees that (a) any such application of the proceeds of accounts receivable, rental payments under the Leases, other rights to payment or Cash Collateral or the release of any Lien by the Agent upon any portion of the Collateral in connection with an Asset Sale permitted under Section 7.4 of a Permitted Disposition (as that term is defined in the Original Loan Agreement (or any corresponding provision of any other Lender Loan DocumentAgreement) shall not be considered to be the exercise of remedies under this Agreement; and (b) all Proceeds or Cash Collateral received by Agent in connection therewith may be applied, reversed, reapplied, credited or reborrowed, in whole or in part, as Loan Agreement Secured Obligations without reducing the Maximum Priority Debt Amount, except to the extent that such amounts are applied to permanently reduce the aggregate revolver commitments in accordance with the Loan Agreement, in which case the Maximum Priority Debt Amount shall be automatically reduced by such amount.

Appears in 1 contract

Samples: Intercreditor and Lien Subordination Agreement (155 East Tropicana, LLC)

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