Examples of Class B Obligations in a sentence
The Class B Lenders hereby agree that until the Class A Obligations have been paid in full and the Class A Commitments have been terminated, they will not assert any rights of subrogation it or they may acquire as a result of any payment hereunder; provided that, as between the Borrower, on the one hand, and the Class B Lenders, on the other hand, any such payment that is paid over to any Class A Lender pursuant to this Agreement shall be deemed not to reduce any of the Class B Obligations.
The parties hereto hereby agree that, to the extent and in the manner set forth herein, the Class B Obligations are and shall be fully and expressly made junior and subordinate and subject in right of payment to the prior payment in full of all Class A Obligations, and the Class B Lenders’ interests in the Collateral are expressly junior and subordinate to the interests of the Class A Lenders in such Collateral.
The Series [•] – [•] Senior Notes and any other Class A Obligations (as defined in the Indenture) issued pursuant to the Indenture will be secured on a superior basis to the Series [•] – [•] Subordinate Notes and any other Class B Obligations (as defined in the Indenture) issued pursuant to the Indenture.
Notwithstanding the foregoing, if any proceeding constituting a Bankruptcy Event is commenced with respect to the Borrower by the Control Party or any other Person other than the Class B Lenders, the Class B Lenders may (i) make and present such proofs of claims against the Borrower on account of the Class B Obligations, and (ii) if the repayment of the Class A Obligations has been accelerated, then accelerate the repayment of the Class B Obligations.
If the Controlling Class B Lender shall not have delivered the Class B Purchase Notice during the period specified in Section 12.3(a), the Borrower shall have the option, but not the obligation, to purchase all, but not less than all, of (1) the Class A Obligations or (2) the Class A Obligations and Class B Obligations, in each case, from the applicable Lenders by giving an irrevocable notice (a “Borrower Purchase Notice”) to the Lenders no later than the fifth (5th) Business Day after such declaration.
On the date specified by the Borrower in the Purchase Notice (which shall not be less than three (3) Business Days nor more than five (5) Business Days, after the receipt by the Lenders of the Purchase Notice), the Lenders shall sell to the Borrower, and the Borrower shall purchase from the Lenders, all, but not less than all, of the Class A Obligations and Class B Obligations.
The Borrower shall pay interest on all Class A Obligations that are not paid when due for the period from the due date thereof until the date the same is paid in full at the rate set forth under clause (b) of the definition of Class A Interest Rate and on all Class B Obligations that are not paid when due for the period from the due date thereof until the date the same is paid in full at the rate set forth under clause (b) of the definition of Class B Interest Rate.
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The Company shall make demand under the $55,000,000 Intercompany Note to the extent provided therein to the extent necessary to pay Class B Obligations (as defined in the Formation Agreement) then due as provided in the Formation Agreement.
None of the Class B Lenders may take any action to enforce its rights to recover the principal of or interest on the Class B Notes, or to take any other action or undertake any proceeding under or in connection with the Class B Obligations, including, without limitation, any exercise of rights or remedies in respect of the Collateral, until the Class A Collection Date or unless the Control Party has consented to such action in writing prior to the occurrence thereof.