Examples of Affiliate Loan Documents in a sentence
Subject to Section 3.3 and notwithstanding the terms of the Affiliate Loan Documents, no Debtor (or any Person on its behalf) shall make or shall be entitled to make, and the Affiliate shall not accept and shall not be entitled to accept, any Payment to the Affiliate of any interest, principal, premium or other amount in respect of the Affiliate Debt.
Notwithstanding the terms of the Affiliate Loan Documents, the Affiliate shall not, directly or indirectly, take or initiate any Enforcement Action; provided that the Affiliate may file of a proof of claim or similar instrument with respect to the Affiliate Debt in any Insolvency Proceeding or commence or initiate any action required to comply with statutory limitation periods (provided the Senior Agent is promptly notified of such action and such proceeding is immediately stayed).
Seller has not delivered or received any written notice of default that remains uncured pursuant to the Affiliate Loan Documents.
Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender under this Agreement, the Loan Documents, the Affiliate Loan Documents or the Affiliate Credit Agreement, shall serve to diminish the liability of the Borrower under this Agreement and the Loan Documents to which the Borrower is a party except to the extent that the Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
The Affiliate Notes, the Loan Agreement, this Deed of Trust and the other Loan Documents (including, without limitation, the Affiliate Loan Documents) constitute the entire understanding and agreement between Borrower and Lender with respect to the transactions arising in connection with the Obligations and supersede all prior written or oral understandings and agreements between Borrower and Lender with respect thereto.
No course of dealing and no delay or failure of Lender in exercising any right, power or privilege under this Guaranty or any Affiliate Loan Documents shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege.
Until the Affiliate Loans are repaid in full, Guarantor shall take no action to enforce payment of any Subordinated Indebtedness by any Affiliate Borrower (provided, however, that so long as there is no Event of Default under any of the Affiliate Loan Documents, Affiliate Borrowers shall not be prohibited from paying Subordinate Indebtedness owing to Guarantor in the ordinary course of any Affiliate Borrower’s business).
All the covenants, conditions and agreements contained in (a) the Loan Agreement, (b) the Affiliate Notes, and (c) all and any of the other Affiliate Loan Documents, are hereby made a part of this Deed of Trust to the same extent and with the same force as if fully set forth herein.
To the extent permitted by applicable law, Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or in any way connected with this Deed of Trust, the Loan Agreement, either or both Affiliate Notes, any of the other Loan 246 Documents (including, without limitation, the Affiliate Loan Documents) or the Obligations.
The rights and remedies of Lender under this Guaranty are cumulative and not exclusive of any rights or remedies which Lender would otherwise have under the Affiliate Loan Documents, at law or in equity.