Examples of First Out Lenders in a sentence
On March 28, 2023, 100% of the Super Priority Lenders, more than 99% of the Subordinated First- Out Lenders, and more than 99% of the Subordinated Last-Out Lenders (collectively, the “Consenting Creditors”) entered into the RSA with the Debtors.
The Bar Order thus provides the First Out Lenders and the Committee with the benefit of their bargain, while working no prejudice against any non-settling party.
The Required Last Out Lenders may make a credit bid of all or a portion of the Last Out Obligations only if the Obligations owed to the First Out Lenders are paid in full upon the initial closing of the transaction that is the subject of such credit bid.
Upon the Approval Date, the First Out Lenders shall have no further obligation to produce materials responsive to the First Out Subpoenas, all of which shall be deemed withdrawn with prejudice.
Each such assignment shall be without recourse to the First Out Lenders and without representation or warranty by the First Out Lenders.
RadioShack was not a party to the AAL.Pursuant to the AAL, the obligations owed to the First- Out Lenders were senior to the obligations owed to Standard General, as the last-out lender.
For the avoidance of doubt, unless otherwise agreed between a Lender and a transferee, any amount of the Closing Fee shall be for the sole account of the First Out Lenders and the Last Out Lenders party to this Agreement on the date hereof.
Although the Committee never agreed that such indemnification could possibly apply to the estate’s own claims against them, the First Out Lenders undoubtedly had exposure from third-party litigation, namely the SCP Lenders’ adversary proceeding, and had asserted inter-creditor rights against Standard General that complicated Standard General’s authority to credit bid.
Each such assignment shall be complete for all purposes upon receipt by the First Out Lenders of a payment under this Section and shall not require further documentation or action by either the First Out Lenders or the Last Out Lenders.
Upon a Triggering Event, the First Out Lenders get to direct any Exercise of Remedies (subject to a limited standstill period to permit exercise of the Buy Out Right described below).