Examples of First Out Lender in a sentence
In the event it becomes necessary for First Out Lender or any Last Out Lender to commence or become a party to any proceeding or action to enforce the provisions of this Agreement, the court or body before which the same shall be tried shall award to the prevailing party all costs and expenses thereof, including reasonable attorneys’ fees, the usual and customary and lawfully recoverable court costs, and all other expenses in connection therewith.
Subject to the last sentence of the definition of the term “Paid in Full,” this Agreement shall terminate when all Obligations of First Out Lender have been Paid in Full.
Even though it’s a plain black-and-white composition book, I love the cover because it has a bunch of cool momentos on it.
The Purchase Notice, if given, shall be irrevocable and each First Out Lender that receives a Purchase Notice shall be deemed to be a “Seller” hereunder.
Even if Last Out Lenders don’t intend to exercise a Buy Out Right, it is important for their leverage as it makes clear to the Borrower that to the extent the First Out Lender was being counted on to help or hold up a process, they can be taken out of the picture.