Agreement Among Lenders: Triggering EventsAgreement Among Lenders • January 26th, 2021
Direct lending transactions are often effected through a unitranche credit facility that include “first out” and “last out” classes of loans (aka FOLO structure). The relative rights of each such class are often governed by an Agreement Among Lenders (or AAL). A highly negotiated concept in any AAL involves “Triggering Events” which grant the “first out” lenders increased rights (whether economic, voting, or otherwise) when a Borrower’s performance begins to show trouble. Failure to carefully negotiate “Triggering Events” can cripple a Last Out Lender’s ability to provide solutions or shape the path forward where a Borrower is showing signs of distress.
AGREEMENT AMONG LENDERS Dated as of February 28, 2022 Among as Parent USWS HOLDINGS LLC as Holdings as Borrower and THE SUBSIDIARY GUARANTORS NAMED HEREIN as Guarantors LPP MORTGAGE, INC., as First Out Lender LNV CORPORATION, as First Out Lender...Agreement Among Lenders • March 4th, 2022 • U.S. Well Services, Inc. • Oil & gas field services, nec • New York
AGREEMENT AMONG LENDERS, dated as of February 28, 2022 (“Effective Date”) (as amended, restated or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among (a) each Lender executing this Agreement as a First Out Holder (as defined below) on the signature pages hereto, (b) each Lender executing this Agreement as a Last Out Lender (as defined below) on the signature pages hereto, (c) CLMG Corp., as administrative agent under the Credit Agreement referred to below (in such capacity, the “Administrative Agent”) (d) the Loan Parties (as defined below), and (e) any Lender party to this Agreement pursuant to Section 12 hereof (each an “Additional Holder”).
AGREEMENT AMONG LENDERSAgreement Among Lenders • June 5th, 2024 • Canopy Growth Corp • Medicinal chemicals & botanical products • New York
AGREEMENT AMONG LENDERS, dated as of June 3, 2024 (as amended, restated or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among (a) each Lender executing this Agreement as a First Out Lender (as defined below) on the signature pages hereto, (b) each Lender executing this Agreement as a Last Out Lender (as defined below) on the signature pages hereto, (c) VRT AGENT LLC, as agent under the Credit Agreement referred to below (in such capacity, the “Administrative Agent”), (d) any Lender party to this Agreement pursuant to Section 12 hereof (each an “Additional Holder”) and (e) acknowledged by the Loan Parties (as defined below).
Agreement Among Lenders Dated Filetype PdfAgreement Among Lenders • April 1st, 2022
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RECITALSAgreement Among Lenders • May 28th, 2008 • Momentum Biofuels, Inc. • Industrial organic chemicals • Texas
