Examples of Fifth Third Loan Agreement in a sentence
Any default by BXG resulting in a declared event of default in respect to the Indebtedness of BXG under the Fifth Third Loan Agreement, until such default is cured under the Fifth Third Loan Agreement.
The ability of the Borrower or any of its Restricted Subsidiaries to declare, make, or pay dividends in respect of any shares of its common stock is not expressly limited by the provisions of any agreement or instrument other than the Bank of America Loan Agreement and the Fifth Third Loan Agreement.
Fifth Third Loan Agreement: that certain Amended and Restated Credit Agreement, dated December 16, 2016, among BXG as borrower, the guarantors from time to time as party thereto, the lenders from time to time a party thereto and Fifth Third Bank, as Administrative Agent and L/C Issuer, with Bank of America, N.A. and Lender as Co-Syndication Agents and Fifth Third Bank, as Lead Arranger and Sole Bookrunner, as such credit agreement is amended or restated from time to time.
Except as contemplated hereby, and pursuant to the Bank of America Loan Agreement and the Fifth Third Loan Agreement, neither the Borrower nor any of the Restricted Subsidiaries has signed any agreement or instrument in effect on the date hereof authorizing any secured party thereunder to file any such financing statement, deed, agreement, or other instrument (other than any such agreement or instrument relating to the Liens permitted under paragraph (d) or (f) of the definition of Permitted Liens).
The Security Documents shall be sufficient, when notice thereof is properly filed or recorded in the appropriate jurisdictions, to grant to the Bank a first perfected security interest in and lien on the Borrower's property, subject to no prior Liens or encumbrances except as expressly permitted herein, except the equal and ratable lien, if any, to be granted pursuant to the Bank of America Loan Agreement and the Fifth Third Loan Agreement, or except as the Bank permits in writing.
All references in the Subordination Agreements to the Fifth Third Loan Agreement shall be deemed to be references to the Fifth Third Loan Agreement as amended by the Agreement.
No party may assign either this Agreement or any of his ---------- or its rights, interests, or obligations hereunder without the prior written approval of the other parties hereto; provided, however, that MVP may assign any ----------------- or all of its rights and interests hereunder to Fifth Third in order to secure its obligations under the Fifth Third Loan Agreement.