Controlling Claimholders definition
Examples of Controlling Claimholders in a sentence
No Non-Controlling Representative, Non-Controlling Claimholder or Collateral Agent that is not the Applicable Collateral Agent will contest, protest or object to any foreclosure proceeding or action brought by the Applicable Collateral Agent, the Applicable Representative or the Controlling Claimholders or any other exercise by the Applicable Collateral Agent, the Applicable Representative or the Controlling Claimholders of any rights and remedies relating to the Shared Collateral.
This is a continuing agreement of lien subordination and the Controlling Claimholders may continue, at any time and without notice to any Subordinated Collateral Agent or any Subordinated Claimholder, to extend credit and other financial accommodations and lend monies to or for the benefit of the Grantors constituting Controlling Obligations in reliance hereof.
The Second Lien Credit Agreement may be Refinanced to the extent the terms and conditions of such Refinancing indebtedness meet the requirements of this Section 5.3(b), the average life to maturity thereof is greater than or equal to that of the Refinanced Second Lien Credit Agreement and the holders of such Refinancing indebtedness bind themselves, in a writing addressed to the Controlling Collateral Agent and the Controlling Claimholders, to the terms of this Agreement.
Such purchase will (1) include all Obligations held by the Non-Controlling Claimholders outstanding at the time of purchase, (2) be made pursuant to one or more “assignment and assumption agreements” (each an “Assignment Agreement”) reasonably satisfactory to the Representatives, whereby the purchasing Controlling Claimholders will assume all obligations of the Non-Controlling Claimholders under each of the applicable Documents, and (3) otherwise be subject to the terms and conditions of this Section 5.20.
Unless and until the Discharge of Controlling Obligations occurs, the Controlling Collateral Agent and the Controlling Claimholders shall have the sole and exclusive right, subject to the rights of the Grantors under the Controlling Credit Documents, to adjust settlement for any insurance policy covering the Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding (or any deed in lieu of condemnation) affecting the Collateral.
Indeed, in some practical IoT scenarios, it is important to ensure that execution order does not impact the overall behavior (which is, basically, a sort of rule determinism).
All payments received by the Controlling Collateral Agent or the Controlling Claimholders may be applied, reversed and reapplied, in whole or in part, to such part of the Controlling Obligations provided for in the Controlling Credit Documents.
The Controlling Collateral Agent and the Controlling Claimholders shall have no duty to advise any Subordinated Collateral Agent or any Subordinated Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise.
Each Subordinated Collateral Agent, on behalf of itself and the respective Subordinated Claimholders, agrees that the Controlling Claimholders and the Controlling Collateral Agent have no duty to them in respect of the maintenance or preservation of the Collateral, the Controlling Obligations or otherwise.
Except as otherwise provided herein, the Controlling Claimholders will be entitled to manage and supervise their respective loans and extensions of credit under their respective Controlling Credit Documents in accordance with law and as they may otherwise, in their sole discretion, deem appropriate.