Junior Holder definition
Examples of Junior Holder in a sentence
Neither the Series A Holders nor any of their respective Affiliates or representatives shall have any legal, fiduciary or other duty to any Person, including, without limitation, the Company or any Junior Holder, with respect to the transactions contemplated hereby, and shall have no liability in respect of any loss whatsoever resulting from participation in the claim process.
None of the Series A Holders, the Company or any of their respective Affiliates shall have any liability to any Junior Holder for any payments contemplated by this Agreement, whether due to the error, omission or inaction of the Paying Agent or otherwise; the Series A Holders’ sole obligation is the deposit of the Escrow Amount and retention of the Paying Agent pursuant to Section 1.1.
Pursuant to the Intercreditor Agreement, the payment and other terms of this Note will be reset effective on the Reset Date upon the execution and delivery to Borrower by Junior Holder and Holder of a Reset Amendment setting forth the terms of this Note for the period on and following the Reset Date.
Other than the parties hereto, this Agreement is not intended to, and does not, confer upon any Person, including, without limitation, any Junior Holder, any legal or equitable rights or remedies and nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person or entity not a direct party to this Agreement.
Notwithstanding anything to the contrary contained herein, in the Escrow Agreement, or any in claims documentation, the receipt of any portion of the Escrow Amount by a Junior Holder shall be conditioned upon the receipt of such Junior Holder’s signature to the aforesaid general release.
Further, except for the obligations of the Series A Holders expressly set forth in Article I hereof, neither the Series A Holders nor any of their respective Affiliates or representatives will have any obligations whatsoever to the Company with respect to the transactions contemplated hereby nor will have any obligations whatsoever to any Junior Holder.
Notwithstanding any other provision set forth in this Section 3.1, in connection with the Approved Sale, no Purchaser or Junior Holder shall be obligated, or liable to any Person, for an amount in excess of the net amount that such Purchaser or Junior Holder actually receives in connection with such Approved Sale.
If a Junior Collateral Agent or any Junior Holder shall, at any time, receive any proceeds of any such insurance policy or any such award in contravention of this Agreement, it shall pay such proceeds over to the Senior Collateral Agent in accordance with the terms of Section 5.1.
All communications shall be sent to the Company at the address as set forth on the signature page hereof, to an Investor at such Investor’s address set forth on Schedule A attached hereto and to a Junior Holder at such Junior Holder’s address set forth on Schedule B attached hereto or at such other address as the Company, an Investor or Junior Holder may designate by ten (10) days advance written notice to the other parties hereto.
Each of the Senior Collateral Agent, for itself and on behalf of each Senior Holder, and the Junior Collateral Agent, for itself and on behalf of each applicable Junior Holder, agrees not to directly or indirectly, whether by judicial proceeding or otherwise, challenge the enforceability of any provision of this Agreement; provided that nothing in this Agreement shall be construed to prevent or impair the rights of any party hereto to enforce this Agreement.