Examples of Applicable Junior Lien Agent in a sentence
This is a continuing agreement of lien subordination and the First Lien Obligations Secured Parties may continue, at any time and without notice to the Applicable Junior Lien Agent, any Junior Lien Obligations Representative (if different from the Applicable Junior Lien Agent) or any other Junior Lien Obligations Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Pledgor constituting First Lien Obligations in reliance hereon.
Tenant will, at Tenant’s expense, (i) cause the Equipment Space and the installation, maintenance, operation, and removal of the Equipment to comply with the Operational Requirements, (ii) maintain the Equipment in a good and safe condition, (iii) keep the Equipment Space free from all trash and debris resulting from Tenant’s operations, and (iv) repair all damage to the Equipment Space or Building arising from Tenant’s operations.
The Applicable Junior Lien Agent and the relevant Junior Lien Obligations Representatives may exercise rights and remedies as an unsecured creditor against the Company or any other Pledgor that has guaranteed the Junior Lien Obligations in accordance with the terms of the applicable Junior Lien Obligations Documents and applicable law (including the Bankruptcy Laws of any applicable jurisdiction), in each case to the extent not inconsistent with or prohibited by the provisions of this Agreement.
If the Applicable Junior Lien Agent, any Junior Lien Obligations Representative or any other Junior Lien Obligations Secured Party shall, at any time, receive any proceeds of any such insurance policy or any such award in contravention of this Agreement, it shall pay such proceeds over to the Applicable First Lien Agent in accordance with the terms of this Section 5.2 and Section 4.3.
Accordingly, the Shares shall be considered “restricted securities” for purposes of the Securities Act, and the holders of Shares will not be able to transfer such shares except upon compliance with the registration requirements of the Securities Act or in reliance upon an available exemption therefrom.
If the Junior-Priority Lien Obligations Termination Date has occurred, a reference in this Agreement to the Applicable Junior Lien Agent shall, unless the context requires otherwise, be construed as a reference to the Applicable First Lien Agent and this Agreement shall be interpreted accordingly.
This CONSENT AND ACKNOWLEDGMENT (this “Consent”) dated as of [mm] [dd], [yyyy], is executed by [ ], as an Other First Lien Obligations Agent (the “New Agent”), and acknowledged by [DEUTSCHE BANK AG NEW YORK BRANCH], as the Applicable First Lien Agent, [U.S. BANK NATIONAL ASSOCIATION], as the Applicable Junior Lien Agent, and ALERIS INTERNATIONAL, INC., as the Company (on behalf of itself and the other Pledgors as defined in the First Lien/Junior Lien Intercreditor Agreement defined below).
The Applicable First Lien Agent and each First Lien Obligations Representative (if not the Applicable First Lien Agent) are each hereby individually authorized to make any such endorsements as agent for the Applicable Junior Lien Agent, any Junior Lien Obligations Representative or any Other Junior Lien Obligations Secured Parties.
Subject to Section 5.5 hereof, none of the Applicable First Lien Agent, or any First Lien Obligations Representative, or any other First Lien Obligations Secured Party shall be responsible for perfecting or maintaining the perfection of Liens with respect to the Common Collateral for the benefit of the Applicable Junior Lien Agent, any Junior Lien Obligations Representative or any other Junior Lien Obligations Secured Party.