Examples of Existing Loan Document in a sentence
Notwithstanding the foregoing, in the event the Security Holder under any Existing Security Agreement or Existing Loan Document shall have entered into a separate subordination, attornment and non-disturbance agreement directly with Tenant governing Tenant’s obligation to attorn to the Security Holder or such successor in interest as lessor, the terms and provisions of such agreement shall supersede the provisions of this Subsection.
Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of the Borrower or any other Loan Party from any of its obligations or liabilities as “Borrower”, a “Guarantor” or a “Loan Party” under the Existing Credit Agreement or any other Existing Loan Document.
Each Borrower further agrees that each Existing Loan Document (as amended, restated, supplemented or otherwise modified on or prior to the Second Restatement Effective Date) shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the "Loan Agreement" in any such Existing Loan Document shall be deemed to refer to this Agreement.
None of the Loan Parties or any of their respective Subsidiaries is in default under or with respect to any Contractual Obligation (including any Existing Loan Document) that, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Upon compliance with this Section VII.H.2 by a Holder of a Claim or an Interest evidenced by an Existing Loan Document or Capital Stock certificate, such Holder shall, for all purposes under the Plan, be deemed to have surrendered an Existing Loan Document or a Capital Stock certificate, as applicable.
This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or any other Existing Loan Document.
The Company, each of its Subsidiaries and, to the knowledge of the Company, each Joint Venture, as to the applicable Encumbered Property, is current in all payments of principal and interest due under each Existing Loan Document applicable to it through the most recent scheduled payment date, except as would not, individually or in the aggregate, reasonably be expected to be material to the Company and its Subsidiaries, taken as a whole.
Such letter of transmittal shall also include, among other provisions, customary provisions with respect to the authority of the holder of the applicable Existing Loan Document or Capital Stock certificate to act and the authenticity of any signatures required on the letter of transmittal.
The parties hereto hereby acknowledge and agree that this Agreement is not intended to be, and shall not be deemed or construed to be, a novation or release of the Existing Credit Agreement or any other Existing Loan Document.
Any Holder of an Existing Loan Document or Capital Stock certificate that fails to surrender or be deemed to have surrendered such Existing Loan Document or Capital Stock certificate within one year after the Effective Date shall have its claim for a distribution pursuant to the Plan on account of such Existing Loan Document or Capital Stock certificate discharged and shall be forever barred from asserting any such claim against the Reorganized Debtor or its property.