First Lien Discharge Date definition
Examples of First Lien Discharge Date in a sentence
This Agreement shall continue to be effective, and shall not be revocable by any party hereto, until the First Lien Discharge Date shall have occurred.
If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto until such time as the First Lien Discharge Date shall have fully and finally occurred with respect to all such reinstated First Lien Obligations.
The Second Lien Trustee, on behalf of itself and the Second Lien Creditors, hereby agrees that it shall not exercise any rights of subrogation they may acquire as a result of any payment hereunder prior to the occurrence of the First Lien Discharge Date.
The Second Lien Agent, on behalf of itself and the Second Lien Creditors, hereby agrees that it shall not exercise any rights of subrogation they may acquire as a result of any payment hereunder prior to the occurrence of the First Lien Discharge Date.
The Agent shall not make a determination for the purposes of determining the First Lien Discharge Date under the Intercreditor Agreement unless each of the Hedging Banks has confirmed to it that all Hedging Debt due to such Hedging Bank has been discharged and paid in full.
The Second Lien Trustee, on behalf of itself and the Second Lien Creditors, hereby agrees that it shall not collect upon any rights of subrogation they may acquire as a result of any payment hereunder prior to the occurrence of the First Lien Discharge Date.
So long as the First Lien Discharge Date has not occurred, the parties hereto agree that no Loan Party shall grant or permit, and no Second Lien Creditor shall acquire or hold, any Lien on any assets of any Loan Party securing any Second Lien Obligation which assets are not also subject to a Senior Lien granted pursuant to the First Lien Documents in favor of the First Lien Agent for the benefit of the First Lien Creditors securing the First Lien Obligations.
Subject to the Intercreditor Agreement, following the First Lien Discharge Date, each Grantor shall deliver or cause to be delivered to the Collateral Agent any Collateral which is perfected by control (as such term is used in the UCC, and as effectuated by possession, delivery or otherwise as provided in the UCC).
Further, notwithstanding anything herein to the contrary, prior to the First Lien Discharge Date, the requirement of this Agreement to endorse, assign, deliver or grant control over Collateral to the Collateral Agent shall be deemed satisfied by endorsement, assignment, delivery or granting of control of such Collateral to the First Lien Agent (who shall possess or control such Collateral for the benefit of the Collateral Agent pursuant to the Intercreditor Agreement).
Until the First Lien Discharge Date, except with the prior consent of or as required by an Instructing Group no Second Lien Note Creditor shall take or require the taking of any Enforcement Action in relation to the Second Lien Note Liabilities.