Senior Creditors. The Senior Creditors may assign, transfer, charge, novate or dispose of any of its rights and obligations under or in respect of any Senior Finance Document, provided that the assignment or transfer is allowed under the Senior Finance Document, and the assignee or transferee agrees to be bound by this Agreement as the relevant Senior Creditor by the execution of a duly completed Accession Agreement.
Senior Creditors. Each Senior Agent hereby represents and warrants to the Subordinated Agent and other Subordinated Creditors that: (i) such Senior Agent (on behalf of the applicable Senior Creditors) has the power and authority to enter into, execute, deliver, and carry out the terms of this Agreement, all of which have been duly authorized by all proper and necessary action; and (ii) this Agreement is the legal, valid, and binding obligation of such Senior Agent (on behalf of the applicable Senior Creditors), enforceable against such Senior Agent in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting the enforcement of creditors’ rights generally and by equitable principles.
Senior Creditors. The term “Senior Creditors” shall mean, collectively, the Agent and the Lenders.
Senior Creditors. 39 3. Bridge Lenders..........................................................................................40 4. Junior Creditor.........................................................................................41 5. Hedging Banks and Hedging Documents.....................................................................42 6. Investors...............................................................................................43 7. Form of Deed of Accession...............................................................................44 8. Calculation of Hedging Debt.............................................................................45 9.
Senior Creditors. The term "SENIOR CREDITORS" shall mean, collectively, the Agent and the Lenders.
Senior Creditors. The Company is indebted to the persons identified on Exhibit A hereto as the Senior Creditors (the “Senior Creditors”) in the aggregate principal amount of $4,380,000 pursuant to promissory notes issued by the Company that are currently payable on demand (the “Notes”). By execution hereof, the Senior Creditors hereby agree to convert the principal amount, any accrued but unpaid interest and any and all other obligations owed to them pursuant to the Notes into an aggregate of 6,403,464 shares of Common Stock (“Note Exchange Shares”), to be distributed pro rata amongst the Senior Creditors in accordance with Exhibit C hereto. The Senior Creditors agree to execute and deliver the Conversion and Waiver Agreement in the form of that attached hereto as Exhibit G. The term “Person” or “person” means an individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind.
Senior Creditors. The Trustee may assign, novate, transfer or otherwise dispose of all or any of its rights under this Deed to its successors as Trustee only.
Senior Creditors. In any Insolvency Proceeding involving an Obligor, the Subordinated Creditors agree that they shall not contest (or support any other person contesting): (A) any request by Senior Agent or any of the other Senior Creditors for adequate protection (whether in the form of payments, liens, a priority administrative expense claim, or otherwise); (B) any objection by Senior Agent or any of the other Senior Creditors to any motion, relief, action, or proceeding based on Senior Agent, or any of the other Senior Creditors claiming a lack of adequate protection (whether in the form of payments, liens, a priority administrative expense claim, or otherwise); or (C) the payment of interest, fees, expenses, or other amounts to Senior Agent or any other Senior Creditor under Section 506(b) or 506(c) of the Bankruptcy Code or otherwise.
Senior Creditors in this Agreement include transferees and participants of the Senior Debt and successors and assigns of the Agent, each of which shall have all rights and benefits of the Agent or Senior Creditors (as the case may be) hereunder; provided however that any appointment of a successor Agent shall, for purposes of this Agreement, not be effective until such time as the Subordinated Creditor has received written notice of such appointment.
Senior Creditors. EXECUTED as a deed on behalf of CALM WATERS PARTNERSHIP., a Wisconsin general partnership, acting by Sxxxx X. Xxxxxxxxx As power of attorney for ) ) Authorised Signatory Rxxxxxx X. Xxxxxx ) Managing Partner ) Calm Waters Partnership ) being [a] person[s] who, in accordance with the laws of that territory, [is OR are] acting under the authority of the partnership ) Authorised Signatory EXECUTED as a deed on behalf of TIBURON OPPORTUNITY FUND, L.P., a Delaware limited partnership, acting by ) Authorised Signatory being [a] person[s] who, in accordance with the laws of that territory, [is OR are] acting under the authority of the partnership ) Authorised Signatory EXECUTED as a deed by MXXXXXX XXXXX in the presence of ) Mxxxxxx Xxxxx Witness: Signature: Name: Address: Occupation:
