Examples of Closing Date Indenture in a sentence
Each of the Collateral Agent and the Company hereby agrees that they will not consent to any amendment of the Closing Date Indenture or Security Agreement that modifies any of the following definitions therein without the prior written consent of X.
The Collateral Trustee will not be required to take any action that is contrary to applicable law or any provision of the Closing Date Indenture, this Agreement or the other Security Documents.
Capitalized terms used but not defined in this Agreement will have the meanings assigned to them in the Security Agreement (or, if not defined therein, shall have the meanings assigned to them in the Closing Date Indenture).
Notwithstanding anything to the contrary contained herein, the Collateral Trustee will not have any fiduciary duties nor will it have any implied responsibilities, covenants or obligations and shall only be required to perform such obligations as are expressly stated in the Closing Date Indenture, this Agreement and the other Security Documents to which it is a party.
Xxxx Xxxxx Agreement”) and the Hedge Agreement Obligations thereunder are to constitute Secured Debt as contemplated hereby; WHEREAS, in connection with the execution and delivery of the Closing Date Indenture, and in connection with and as required by the J.
In connection with the Second Amended and Restated Indenture, each Funding Agent and each Non-Conduit Committed Purchaser surrendered its original Note to the Issuer in exchange for an amended and restated Note reflecting changes to the related Commitment Amount and such other changes as were appropriate to reflect the amendment and restatement of the Closing Date Indenture and Servicing Agreement and the amendment and restatement of the original Note Purchase Agreement.
The Indenture Trustee will be entitled to all of the rights, protections, immunities and indemnities set forth in the Closing Date Indenture and any future Junior Lien Representative will be entitled to all of the rights, protections, immunities and indemnities set forth in the credit agreement, indenture, hedge agreement or other agreement governing the applicable Junior Lien Debt with respect to which such Person will act as representative, in each case as if specifically set forth herein.
For the avoidance of doubt, any cash, cash equivalents or property that is paid as a dividend or otherwise distributed to any direct or indirect parent of the Issuers in compliance with Section 4.07 (Restricted Payments) of the Closing Date Indenture shall, unless a Secured Debt Default shall have occurred and be continuing, automatically cease to be Collateral or Proceeds of Collateral.
In no event more than the five (5) Business Days prior to the Closing Date, Indenture Trustee, Owner Participant and Seller shall have received an appraisal (or, in the case of the Indenture Trustee, the relevant sections of the appraisal as described in Section 3.01(k)) from the Independent Appraiser addressing the matters described in Section 3.01(k), which shall be reasonably satisfactory in form and substance to Owner Participant and Seller (the “Appraisal”).
The Collateral Trustee will not otherwise be bound by, or be held obligated by, the provisions of any credit agreement, indenture, hedge agreement or other agreement governing Junior Lien Debt (other than this Agreement, the Closing Date Indenture and the other Security Documents to which it is a party).