Erroneous Payment Subrogation Rights has the meaning set forth in Section 10.15(d).
Erroneous Payment Subrogation Rights has the meaning assigned to such term in Section 8.03(d).
Erroneous Payment Subrogation Rights has the meaning assigned to it in Section 14.14(d).
Examples of Erroneous Payment Subrogation Rights in a sentence
In addition, each party hereto agrees that, except to the extent that the Agent has sold an Advance (or portion thereof) acquired pursuant to an Erroneous Payment Deficiency Assignment, and irrespective of whether the Agent may be equitably subrogated, the Agent shall be contractually subrogated to all the rights and interests of the applicable Lender or Issuing Bank under the Loan Documents with respect to each Erroneous Payment Return Deficiency (the "Erroneous Payment Subrogation Rights").
Without limiting any of the foregoing, the Obligations shall include the Borrower’s or any Guarantor’s obligations to pay, discharge and satisfy any Erroneous Payment Subrogation Rights.
For the avoidance of doubt, it is hereby understood and agreed that the Erroneous Payment Subrogation Rights shall be deemed to constitute debts, liabilities or obligations owed by the Borrower hereunder.
Any such Erroneous Payment Subrogation Rights shall not be duplicative of any Obligations in respect of Loans that have been assigned to the Administrative Agent under an Erroneous Payment Deficiency Assignment.
Notwithstanding anything to the contrary contained herein, and for the avoidance of doubt, in no event shall the occurrence of an Erroneous Payment (or any Erroneous Payment Subrogation Rights or other rights of the Agent in respect of an Erroneous Payment) result in the Agent becoming, or being deemed to be, a Lender hereunder or the holder of any Loans hereunder.
More Definitions of Erroneous Payment Subrogation Rights
Erroneous Payment Subrogation Rights as defined in Section 9.14(d).
Erroneous Payment Subrogation Rights shall have the meaning attributed to such term in Section 10.19(d) of this Agreement.
Erroneous Payment Subrogation Rights means as defined in Section 10.11. “EU Bail-In Legislation Schedule” means the EU Bail-In Legislation Schedule published by the Loan Market Association (or any successor Person), as in effect from time to time. “Event of Default” means each of the conditions or events set forth in Section 9.1. 19
Erroneous Payment Subrogation Rights is defined in Section 3.5(d).
Erroneous Payment Subrogation Rights as defined in Section 10.16(d). “ESA”: as defined in Section 6.1(x). “Estimated Going Concern Value”: with respect to any Approved Acquisition Asset, the “going concern value” of such Approved Acquisition Asset as reflected in the most recent Business Valuation of such Approved Acquisition Asset obtained by the Administrative Agent on or prior to the Restatement Effective Date (or with respect to any Approved Acquisition Asset acquired after the Restatement Effective Date, upon acquisition thereof), pursuant to Section 7.16, or at the request of the U.S. Borrower (at the U.S. Borrower’s sole expense). “EU Bail-In Legislation Schedule”: the EU Bail-In Legislation Schedule published by the Loan Market Association (or any successor Person), as in effect from time to time. “Event of Default”: any of the events specified in Section 9.1 for which all applicable requirements for the giving of notice, the lapse of time, or both, have been satisfied. “Excess Concentration Accounts Receivable”: with respect to any Account Debtor, to the extent the aggregate amount of Accounts Receivable owing from such Account Debtor and its Affiliates to the Kildair Loan Parties exceeds 15% of the aggregate Eligible Accounts Receivable for all Kildair Loan Parties, any Accounts Receivable in excess of such threshold; provided that any Account Receivable that is either (i) owing from an Account Debtor listed on Schedule 1.1(F) (as such schedule may be updated by the U.S. Borrower from time to time with the approval of the Administrative Agent), (ii) owing from an Account Debtor who is Investment Grade or (iii) supported by an Acceptable Investment Grade Credit Enhancement, shall be excluded from the aggregate amount of Accounts Receivable owing from the applicable Account Debtor for purposes of the above calculation. “Exchange Rate”: with respect to any non-United States Dollar or non-Canadian Dollar currency, as applicable, on any date, the rate at which such currency may be exchanged into United States Dollars or Canadian Dollars, as applicable, as set forth on such date on the relevant Reuters currency page at or about 11:00 A.M., London time, on such date. In the event that such rate does not appear on any Reuters currency page, the “Exchange Rate” with respect to such non-United States Dollar or non-Canadian Dollar currency, as applicable, shall be determined by reference to such other publicly available service for displaying exchange rates as may be agreed upon by the Adminis...
Erroneous Payment Subrogation Rights has the meaning assigned to it in Section 14.9(d). “Payment Recipient” has the meaning assigned to it in Section 14.9(a). “Transaction Requirements” means, receipt and/or confirmation, as applicable, by the Administrative Agent of the following: (a) Receipt by Administrative Agent of a certification by the chief executive officer, president, chief financial officer or treasurer or controller of Parent certifying that (A) the Transaction (as defined in that certain letter dated April 22, 2021 from Trilogy RER, LLC to the Administrative Agent) has been consummated in accordance with the terms of said letter and that the resulting organizational structure of Trilogy Investors is the same as the “Post-Merger Structure” attached as Attachment I thereto, (B) that any consents, licenses or approvals required in connection with the Transaction have been obtained (except for such consents, licenses or approvals, the failure of which to obtain would not be reasonably expected to result in a Material Adverse Effect), (C) that no litigation, regulatory action or other proceeding or order (whether temporary, preliminary or permanent) of a court of competent jurisdiction has been filed or threated in writing that could reasonably be expected to prevent, restrain or enjoin the consummation of the Transaction or have a Material Adverse Effect; and (D) that no Default or Event of Default has occurred and is continuing, together with such other evidence as may be reasonably requested by Administrative Agent evidencing the consummation of the Transaction in accordance with the terms of said letter, such as copies of filed documents effectuating the Transaction from the appropriate Governmental Authorities; and (b) No Default or Event of Default shall have occurred and be continuing as a result of such Transaction or otherwise. For the avoidance of doubt, subject to the satisfaction of the Transaction Requirements, the Transaction shall not constitute a Change of Control under this Agreement.”; (c) By deleting in its entirety the definition of LIBOR Termination Date appearing in Section 1.1 of the Credit Agreement; (d) By inserting the following parenthetical at the end of clause (a) of the definition of Obligations appearing in Section 1.1 of the Credit Agreement: “(including, without limitation, Erroneous Payment Subrogation Rights)”; (e) By inserting the following new Section 1.2(q) into the Credit Agreement: 3 US_Active\118084400\V-1 “(q) Administrative Agent does not war...
Erroneous Payment Subrogation Rights means that term as defined in Section 10.18(d) hereof.