Lender Remedies definition
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).
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.
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.
The REITS hereby agree that, subject to the terms set forth in this Agreement, the REITS shall refrain from exercising or otherwise pursuing any Lender Remedies (as that term is hereinafter defined) on account of such maturity or otherwise until July 1, 1998 (the "Forbearance Date").
If shares of Common Stock are tendered as payment, such shares shall be valued at their fair market value, determined as provided in subsection 7(a) of the Plan, as of the date of the notice given to Corporation by the Optionee with respect to such exercise.
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).
No Holder of Guaranty Indebtedness shall be entitled to make demand upon Company for the payment of the Guaranty Indebtedness, exercise any Secured Lender Remedies or commence any other action or proceeding against Company to recover any amounts due or to become due with respect to Guaranty Indebtedness prior to the indefeasible payment in full in cash of all NewStar Indebtedness and the irrevocable termination (including Lenders’ commitment to lend thereunder) of the Credit Agreement.