ABL Creditors definition
Examples of ABL Creditors in a sentence
The ABL Collateral Agent, on behalf of itself and the ABL Creditors, and each other ABL Creditor (by its acceptance of the benefits of the ABL Loan Documents) agree that it will not take or receive any Term Priority Collateral or any proceeds of Term Priority Collateral in connection with the exercise of any right or remedy (including, without limitation, setoff) with respect to any Term Priority Collateral, unless and until the Discharge of Term Obligations has occurred.
The ABL Collateral Agent, on behalf of itself and the ABL Creditors, and each other ABL Creditor (by its acceptance of the benefits of the ABL Loan Documents), each agree that the Term Creditors and the Term Collateral Agent have no duty, express or implied, fiduciary or otherwise, to any of them in respect of the maintenance or preservation of the Term Priority Collateral, the Term Obligations or otherwise.
The Term Collateral Agent, on behalf of itself and the Term Creditors and each other Term Creditor (by its acceptance of the benefits of the Term Loan Documents), each agree that the ABL Creditors and the ABL Collateral Agent have no duty, express or implied, fiduciary or otherwise, to any of them in respect of the maintenance or preservation of the ABL Priority Collateral, the ABL Obligations or otherwise.
Such purchase price and cash collateral shall be remitted by wire transfer in federal funds to such bank account of the ABL Administrative Agent for the ratable account of the ABL Administrative Agent and the ABL Creditors in New York, New York, as the ABL Administrative Agent may designate in writing to the Term Administrative Agent for such purpose.
The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the ABL Creditors and the ABL Collateral Agent and the Term Creditors and the Term Collateral Agent.
The ABL Collateral Agent and the ABL Creditors shall have no duty to the Term Collateral Agent or any of the Term Creditors, to act or refrain from acting in a manner which allows, or results in, the occurrence or continuance of an event of default or default under any agreements with the Borrower or any Grantor (including the ABL Loan Documents and the Term Loan Documents), regardless of any knowledge thereof which they may have or be charged with.
This Agreement and the rights and benefits hereof shall inure to the benefit of each of the parties hereto and its respective successors and assigns and shall inure to the benefit of each of the ABL Agent, the ABL Creditors, the Note Agent, the Noteholder Secured Parties, each Additional Agent, the Additional Secured Parties and the Company and the other Credit Parties.
The Borrower acknowledges and agrees that the value of any payments or distributions in cash, property or other assets received by any of the Term Collateral Agent or the Term Creditors and paid over to the ABL Collateral Agent or the ABL Creditors pursuant to, and applied in accordance with this Agreement, shall not relieve or reduce any of the Obligations owed by the Borrower under the Term Loan Documents.
If either the ABL Collateral Agent or any ABL Creditors shall, at any time prior to the Discharge of Term Obligations, receive any proceeds of any such insurance policy or any such award or payment in contravention of this Agreement, it shall pay such proceeds over to the Term Collateral Agent.
All notices to the ABL Creditors or the Term Creditors permitted or required under this Agreement may be sent, respectively, to the ABL Collateral Agent or the Term Collateral Agent.