Fourth Lien definition
Examples of Fourth Lien in a sentence
Very truly yours, [NAME OF GRANTOR] By: Name: Title: Acknowledged and agreed to as of the date first above written: ▇▇▇▇▇ FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, not in its individual capacity, but solely as the First Lien Security Trustee, the Second Lien Security Trustee, the Third Lien Security Trustee and the Fourth Lien Security Trustee By: Name: Title: Ladies and Gentlemen: Reference is made to the agreement between you and the Grantor dated [ ] (the “Assigned Document”).
For the avoidance of doubt, notwithstanding any other provision of the Transaction Documents, in no event shall the Borrowers owe or be charged for or shall Collateral secure an amount in the aggregate greater than the amount equal to the sum of the Second Lien Secured Obligations then outstanding plus the Fourth Lien Secured Obligations then outstanding.
AIG Funding may at any time remove the Fourth Lien Security Trustee without cause by an instrument in writing delivered to ILFC, the Fourth Lien Secured Parties and the Fourth Lien Security Trustee.
In the case of the resignation or removal of the Fourth Lien Security Trustee, AIG Funding, Inc., on behalf of the Fourth Lien Secured Parties, shall promptly appoint a successor Fourth Lien Security Trustee.
Any Security Trustee may resign at any time without cause by giving at least 30 days’ prior written notice to ILFC and, (i) in the case of the First Lien Security Trustee, to the FRBNY, (ii) in the case of the Second Lien Security Trustee, to the Lender, (iii) in the case of the Third Lien Security Trustee, to the FRBNY and (iv) in the case of the Fourth Lien Security Trustee, to AIG Funding.
Immediately after consummation of the transactions contemplated by Fourth Lien Loan Agreement, this Agreement, the Loan Documents, the Senior Secured Debt Documents, and the Senior Debt Documents, no Default or Event of Default will exist.
The documents governing the New ▇▇▇▇▇▇ Fourth Lien Notes will also provide for the granting of a fourth priority lien on the Notes Collateral.
Nothing in this Agreement is intended to or shall impair the obligations of the Company, which are absolute and unconditional, to pay the First Lien Obligations, the Second Lien Obligations, the Third Lien Obligations and the Fourth Lien Obligations as and when the same shall become due and payable in accordance with their terms.
The Restated Senior Credit Agreement, the Senior Secured Note Indenture, the Intercreditor Agreement, the Fourth Lien Loan Agreement, the MSXI Registration Rights Agreement, and the Stockholders Agreement shall each have been duly executed by the parties thereto and shall each be in full force and effect, and each of the foregoing agreements shall be in a form reasonably satisfactory to the Lender.
With respect to the Buyer, promptly (and, in any case, within five (5) business days after obtaining Knowledge thereof) notify Sellers of the existence of any Default or Event of Default, in each case, as defined in each of the Senior Credit Agreement, the Tranche A Second Lien Loan Agreement, the Tranche B Third Lien Loan Agreement and the Tranche C Fourth Lien Loan Agreement.