ESOP Lender definition
Examples of ESOP Lender in a sentence
Each Lender acknowledges that it has, ---------------------- independently and without reliance upon any Agent or any other Lender, Swing Loan Lender, Issuing Lender or ESOP Lender and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents.
Notwithstanding the use of the defined term "Agent," and "Collateral Agent" it is expressly understood and agreed that neither of the Agents shall have any fiduciary responsibilities to any Lender, Swing Loan Lender, Issuing Lender or any ESOP Lender by reason of this Agreement and that the Agents are merely acting as the representative of the Lenders, Swing Loan Lenders, Issuing Lenders and ESOP Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents.
Each Lender, Swing Loan Lender, Issuing -------------------- Lender and ESOP Lender authorizes the Agents to enter into each of the Collateral Documents to which it is a party and to take all action contemplated by such documents.
All common property includes the recreation building, parking lot, swimming pool, tennis courts, horseshoe courts and shuffleboard courts and surrounding acreage defined as Parks Edge Common Area.
Each of the Lenders, Swing Loan Lenders, Issuing Lenders and ESOP Lenders agrees to assert no claim against either of the Agents on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Lender, Swing Loan Lender, Issuing Lender and ESOP Lender waives.
Each Lender, Swing Loan Lender, Issuing Lender and ESOP Lender agrees that no Lender, Swing Loan Lender, Issuing Lender or ESOP Lender shall have the right individually to seek to realize upon the security granted by any Collateral Document, it being understood and agreed that such rights and remedies may be exercised solely by the Agent or Collateral Agent, as applicable for the benefit of the Holders of Secured Obligations, upon the terms of the Collateral Documents.
The Agents shall ---------- not have a fiduciary relationship in respect of the Company, any Borrowing Subsidiary, any Lender, any Swing Loan Lender, any Issuing Lender or any ESOP Lender by reason of this Agreement or the ESOP Loan Agreements.
Each Lender also acknowledges that it will, independently and without reliance upon any Agent or any other Lender, Swing Loan Lender, Issuing Lender or ESOP Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement and the other Loan Documents.
Subject to the terms and conditions herein set forth, each ESOP Lender agrees to make and maintain a term loan in the amount of such Lender's ESOP Loan Commitment (the "ESOP Loan") to the Company.
As soon as practicable following such termination, the Surviving Corporation shall cause the ESOP Trust to prepay the ESOP Loans in full from the amount received by the ESOP Trust pursuant to Section 4.1(b), including any accrued interest, prepayment penalties and other fees and payments required to be paid to the ESOP Lender in connection therewith.