Lender Remedies definition

Lender Remedies means all rights and remedies at law and in equity that the Agent or the Lenders may have against any Borrower Party, any collateral deposited in the Letter of Credit Collateral Account (as such term is defined in the Credit Agreement) (the “LC Collateral”) or any other Person that has provided credit support in respect of the applicable Guaranteed Obligations, to collect, or obtain payment of, the Guaranteed Obligations, including, without limitation, foreclosure or similar proceedings, litigation and collection on all applicable insurance policies, and termination of all commitments to advance additional funds to the Borrower under the Loan Documents. For the avoidance of doubt, Lender Remedies shall not have been exhausted with respect to any LC Collateral unless and until the value thereof has been included in Section 3(a)(y)(ii).
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Lender Remedies means all rights and remedies at law and in equity (including, without limitation, any arising under any applicable Loan Document or Term Loan Document) that the Term Loan Agent, the Term Loan Lenders or the Revolving Agent and the Revolving Lenders, as applicable, may have against any Borrower Party or any other Person that has provided Liens, guarantees or other credit support in respect of the applicable Guaranteed Obligations (and, in each case, their respective property), to collect, or obtain payment of, the Guaranteed Obligations, including, without limitation, foreclosure or similar proceedings (including, without limitation, against each Borrower Party and its property), litigation and collection on all applicable insurance policies and against all applicable property, and termination of all commitments to advance additional funds to the Borrower under the Loan Agreements.
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Lender Remedies means any action which results in (A) the sale, foreclosure, realization on or liquidation of any property of the Borrower or any other Loan Party, (B) the execution on any judgment obtained against the Borrower or any other Loan Party, (C) the acceleration of this Note, (D) the filing of any petition or lien under any bankruptcy, insolvency or creditors’ rights laws with respect to the Borrower or any other Loan Party or any of their respective properties or joining such a petition or lien filing, or (E) the institution or exercise against the Borrower or any other Loan Party of any lawsuit, legal action, arbitration or other enforcement remedy under this Note.
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Examples of Lender Remedies in a sentence

  • For the avoidance of doubt, the bankruptcy, insolvency, or dissolution of, or the commencement of any case or proceeding under any bankruptcy, insolvency, or similar law in respect of, the Borrower or any other Borrower Party shall not require the Guarantor to make any payment under this Agreement until all of the conditions in Section 2 and Section 4 have been satisfied (including, without limitation, the exhaustion of all Lender Remedies).

  • For the avoidance of doubt, Lender Remedies shall not have been exhausted with respect to any LC Collateral unless and until the value thereof has been included in Section 3(a)(y)(ii).

  • For the avoidance of doubt, the bankruptcy, insolvency, or dissolution of, or the commencement of any case or proceeding under any bankruptcy, insolvency, or similar law in respect of, the Borrower or any other Borrower Party shall not require the Parent Guarantor to make any payment under this Agreement until all of the conditions in Section 3 and Section 5 have been satisfied (including, without limitation, the exhaustion of all Lender Remedies).

  • FINANCIAL COVENANTS, EBITDA AND EVENTS OFDEFAULT IN COMMERCIAL LENDINGStructuring Effective Credit Agreement Provisions to Maximize Borrower Protection and Lender Remedies Daniel J.

  • FINANCIAL COVENANTS, EBITDA AND EVENTS OF DEFAULT IN COMMERCIAL LENDINGStructuring Effective Credit Agreement Provisions to Maximize Borrower Protection and Lender Remedies Daniel J.

  • In the event that any failure of Borrower to make any payment with respect to the Subordinated Indebtedness as a result of the provisions of Section 4(a) shall be deemed a default under the Sponsor Subordinated Notes, until all of the Senior Indebtedness has been Finally Paid, such event shall not give rise to any right of the Holder to exercise any Lender Remedies, any provision of the Sponsor Subordinated Notes to the contrary notwithstanding.

  • Until payment in full in cash of all Senior Indebtedness (other than contingent reimbursement and indemnification obligations in respect of which no claim for payment has been asserted) and the termination of the commitments to advance funds under the Loan Agreement, no Holder of Subordinated Indebtedness shall exercise any Secured Lender Remedies or commence any other action or proceeding to recover any amounts due or to become due with respect to Subordinated Indebtedness.

  • Until Payment in Full, whether in or outside of any Proceeding, no Grantor shall, without the prior written consent of the Administrative Agent, exercise any Subordinated Lender Remedies.

  • For the avoidance of doubt, the bankruptcy, insolvency, or dissolution of, or the commencement of any case or proceeding under any bankruptcy, insolvency, or similar law in respect of, the Borrower or any other Borrower Party shall not require a Guarantor to make any payment under this Agreement until all of the conditions in Section 2 and Section 4 have been satisfied (including, without limitation, the exhaustion of all Lender Remedies).

  • Until all of the Senior Indebtedness has been Finally Paid, the Subordinated Lender shall not exercise any Subordinated Lender Remedies or other remedies it may have for a default under the Subordinated Documents, except as permitted below.


More Definitions of Lender Remedies

Lender Remedies means all rights and remedies at law and in equity that the Agent or the Lenders may have against any Borrower Party or any other Person that has provided credit support in respect of the applicable Guaranteed Obligations, to collect, or obtain payment of, the Guaranteed Obligations, including, without limitation, foreclosure or similar proceedings, litigation and collection on all applicable insurance policies, and termination of all commitments to advance additional funds to the Borrower under the Loan Documents.
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Lender Remedies means any and all remedies available to Paribas or the Lenders (or any successor in interest to any of them, or any party claiming, by through, or under any of them including the REITS) which is provided under the terms of the Loan Documents, or otherwise available in equity or at law, including, without limitation, foreclosure, acceleration, declaration of default, notification of tenants, confession of judgment, ejectment, or other form of possession or dispossession.
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Lender Remedies is defined in Section 7.6.
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Lender Remedies means all rights and remedies at law and in equity that the Term Loan Lender or the Agent, as applicable, may have against any Borrower Party or any other Person that has provided credit support in respect of the applicable Guaranteed Obligations, to collect, or obtain payment of, the Guaranteed Obligations, including, without limitation, foreclosure or similar proceedings, litigation and collection on all applicable insurance policies, and termination of all commitments to advance additional funds to the Borrower under the Loan Agreements.
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Lender Remedies means all rights and remedies at law and in equity that the Lender may have against Borrower to collect, or obtain payment of, the Secured Debt, including, without limitation, foreclosure or similar proceedings, litigation and collection on all applicable insurance policies.
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Related to Lender Remedies

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Forbearance Default means any of: (A) the occurrence of any Default or Event of Default other than the Specified Defaults, (B) the failure of Borrower or any other Designated Company to timely and strictly comply with any term, condition, covenant, agreement or other obligation set forth in this Agreement, (C) the failure of any representation or warranty made by Borrower or any other Designated Company under or in connection with this Agreement to be true and complete in all material respects as of the date when made or any other material breach of any such representation or warranty, (D) the taking of any action by Borrower or any other Designated Company to in any way repudiate or assert a defense to any Obligation under the Credit Agreement, this Agreement or any of the other Loan Documents or the assertion of any claim or cause of action against Administrative Agent, Co-Administrative Agent or any Lender relating in any way thereto, (E) the date on which Administrative Agent, in its sole discretion or at the direction of the Required Lenders, delivers to Borrower a written notice terminating the Forbearance Period, which notice may be delivered at any time upon or after the delivery of any Proposed Vendor Payment Schedule Rejection Notice (as defined below) by the Administrative Agent in accordance with Section 3(c)(ii) hereof, or (F) Borrower fails to receive Inventory purchased with a CIA Payment (as defined below) within six (6) Business Days of the making of such CIA Payment. The occurrence of any Forbearance Default shall constitute an immediate Event of Default under the Credit Agreement and other Loan Documents. Upon the termination or expiration of the Forbearance Period, the agreement of Administrative Agent, Co-Administrative Agent and each Lender hereunder to forbear from exercising its default-related rights and remedies shall immediately terminate without the requirement of any demand, presentment, protest, or notice of any kind, all of which Borrower and each other Designated Company hereby waives. Borrower and each other Designated Company further agrees that any of Administrative Agent (upon direction of the Required Lenders to the extent provided in the Credit Agreement) and each Lender may at any time after the expiration or termination of the Forbearance Period proceed to exercise any and all of its rights and remedies under any or all of the Credit Agreement, any other Loan Document and/or applicable law, all of which rights and remedies are hereby fully reserved by Administrative Agent and each Lender. Any agreement by Administrative Agent and the Lenders to extend the Forbearance Period, if any, must be set forth in writing and signed by Administrative Agent and the Lenders. Borrower and each other Designated Company acknowledges that none of Administrative Agent or any Lender has made any assurances concerning any possibility of any extension of the Forbearance Period. Borrower and each other Designated Company acknowledges and agrees that any Loan or other financial accommodation which Administrative Agent, Co-Administrative Agent or any Lender makes to or for the benefit of Borrower or any other Designated Company on or after the Forbearance Effective Date has been made by such party in reliance upon, and is consideration for, among other things, the general releases and indemnities contained in Section 5 hereof and the other covenants, agreements, representations and warranties of Borrower and each other Designated Company hereunder.

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Exercise Any Secured Creditor Remedies or “Exercise of Secured Creditor Remedies” shall mean:

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Lender Default means (a) the refusal or failure (which has not been cured) of a Lender to make available its portion of any Borrowing or to fund its portion of any Unpaid Drawing under Section 3.4 that it is required to make hereunder, (b) a Lender having notified the Administrative Agent and/or the Borrower that it does not intend to comply with its funding obligations under this Agreement or has made a public statement to that effect with respect to its funding obligations under this Agreement, (c) a Lender has failed to confirm (within one Business Day after a request for such confirmation is received by such Lender) in a manner reasonably satisfactory to the Administrative Agent, the Borrower and, in the case of a Revolving Credit Lender, each Revolving Letter of Credit Issuer that it will comply with its funding obligations under this Agreement, (d) a Lender being deemed insolvent or becoming the subject of a bankruptcy or insolvency proceeding or has admitted in writing that it is insolvent; provided that a Lender Default shall not be deemed to have occurred solely by virtue of the ownership or acquisition of any Stock in the applicable Lender or any direct or indirect parent company thereof by a Governmental Authority so long as such ownership interest does not result in or provide the applicable Lender with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or writs of attachment on its assets or permit the applicable Lender (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with the applicable Lender, or (e) a Lender that has, or has a direct or indirect parent company that has, become the subject of a Bail-In Action.

  • Secured Lender means an individual or organization originating a loan in a real estate or business opportunity transac- tion secured by real estate or by the assets of a business or a busi- ness opportunity.

  • Default Under First Lien With respect to each Second Lien Loan, the related First Lien Loan related thereto is in full force and effect, and there is no default, breach, violation or event which would permit acceleration existing under such first Mortgage or Mortgage Note, and no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event which would permit acceleration thereunder;

  • Loan Default means any event, condition or failure which, with notice or lapse of time or both, would become a Loan Event of Default.

  • Default Loan has the meaning set forth in Section 3.02(b).

  • Potential Defaulting Lender means, at any time, (i) any Lender with respect to which an event of the kind referred to in the definition of “Lender Insolvency Event” has occurred and is continuing in respect of any Subsidiary of such Lender, or (ii) any Lender that has notified, or whose Lender Parent or a Subsidiary thereof has notified, the Administrative Agent, the Borrower or any LC Issuing Bank in writing, or has stated publicly, that it does not intend to comply with its funding obligations generally under other loan agreements, credit agreements and other similar agreements, unless such writing or statement states that such position is based on such Lender’s determination that one or more conditions precedent to funding cannot be satisfied (which conditions precedent, together with the applicable default, if any, will be specifically identified in such writing or public statement). Any determination by the Administrative Agent that a Lender is a Potential Defaulting Lender under any of clauses (i) and (ii) above will be conclusive and binding absent manifest error, and such Lender will be deemed a Potential Defaulting Lender (subject to Section 2.19(f) hereof) upon notification of such determination by the Administrative Agent to the Borrower, the LC Issuing Banks and the Lenders.

  • Non-Monetary Default Cure Period shall have the meaning assigned to such term in Section 11(d).

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).

  • Credit Default Swap means any credit default swap entered into as a means to (i) invest in bonds, notes, loans, debentures or securities on a leveraged basis or (ii) hedge the default risk of bonds, notes, loans, debentures or securities.

  • Modification Default Loss means the loss calculated in Exhibits 2a(1)-(3) for single family loans previously modified pursuant to this Single Family Shared-Loss Agreement that subsequently default and result in a foreclosure, short sale or Deficient Loss.

  • Note Event of Default means any “Event of Default” specified in Section 5.1 of the Indenture.

  • Collateral Event of Default has the meaning set forth in Section 13.01(b).

  • Financing Default means an event which would constitute (or with notice or lapse of time or both would constitute) an event of default (which event of default has not been cured) under or would otherwise violate or breach (i) any financing arrangement of the Company or any of its Subsidiaries in effect as of the time of the aforementioned event, and any extensions, renewals, refinancings or refundings thereof in whole or in part; and (ii) any provision of the Company's or any of its Subsidiary's constitutional documents.

  • Indemnity Obligations means all obligations of the Company to Indemnitee under this Agreement, including the Company’s obligations to provide indemnification to Indemnitee and advance Expenses to Indemnitee under this Agreement.

  • Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).

  • Letter of Credit Default means with respect to a Letter of Credit, the occurrence of any of the following events:

  • Forbearance Termination Event has the meaning set forth in Section 3(a) hereto.

  • Breach of the security of the system means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

  • Loan Event of Default means any of the events specified in Section 5.1 of the Loan Agreement, provided that any requirement for the giving of notice, the lapse of time, or both, or any other condition, event or act has been satisfied.