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.
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Each Grantor acknowledges and agrees that the value of any payments or distributions in cash, property or other assets received by the Subordinated Collateral Agent or the Subordinated Claimholders that are paid over to the Controlling Collateral Agent or the Controlling Claimholders pursuant to this Agreement shall not reduce any of the Subordinated Obligations.
The Controlling Collateral Agent, on behalf of itself and the Controlling Claimholders, acknowledges and agrees that none of the Subordinated Collateral Agents or the Subordinated Claimholders have made any express or implied representation or warranty, including with respect to the execution, validity, legality, completeness, collectibility or enforceability of any of the Subordinated Credit Documents, the ownership of any Collateral or the perfection or priority of any Liens thereon.
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.
Notwithstanding anything herein to the contrary, the Controlling Claimholders shall not be deemed to have consented to, and expressly retain their rights to object to, any grant of adequate protection in the form of cash payments to the Second Lien Claimholders made pursuant to this Section 6.3(b).
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.
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.
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.
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.