Examples of Note Claimholders in a sentence
The Note Claimholders have expressly authorized and instructed the Note Agent to execute and deliver this Agreement.
The Note Agent hereby represents that it is authorized to, and by its signature hereon does, bind the other Note Claimholders to the terms of this Agreement.
Except as otherwise provided in this Agreement, the Note Agent and the Note Claimholders will be entitled to manage and supervise their respective loans and extensions of credit under the Note Documents in accordance with law and as they may otherwise, in their sole discretion, deem appropriate.
This Agreement and the rights and benefits hereof shall inure to the benefit of each of the parties hereto and its respective successors and assigns and shall inure to the benefit of (and shall be binding upon) each of the Agents, the other ABL Claimholders and the other Note Claimholders and their respective successors and assigns.
If any ABL Claimholder or Note Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the Note Obligations, as applicable (a “Recovery”), then such ABL Claimholders or Note Claimholders shall be entitled to a reinstatement of ABL Obligations or the Note Obligations, as applicable, with respect to all such recovered amounts.
The Bank Agent, on behalf of the Bank Claimholders, and the Note Agent, on behalf of the Note Claimholders, and the Grantors, agree that each of them shall take such further action and shall execute and deliver such additional documents and Instruments (in recordable form, if requested) as the Bank Agent or the Note Agent may reasonably request to effectuate the terms of and the Lien priorities contemplated by this Agreement.
The Bank Agent and the Bank Claimholders, on the one hand, and the Note Agent and the Note Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and all endorsers and/or guarantors and other Grantors of the Bank Obligations or the Note Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Bank Obligations or the Note Obligations.
The Grantors acknowledge and agree that, to the extent permitted by applicable law, the value of any payments or distributions in cash, property or other assets received by the Note Claimholders that are paid over to the ABL Claimholders pursuant to this Agreement shall not reduce any of the Note Obligations.
The Note Agent, on behalf the Note Claimholders, acknowledges and agrees that the Bank Agent and the other Bank Claimholders have made no express or implied representation or warranty, including with respect to the execution, validity, legality, completeness, collectibility or enforceability of any of the other Bank Loan Documents, the ownership of any Collateral or the perfection or priority of any Liens thereon.
The Note Agent, on behalf of the Note Claimholders, hereby irrevocably, absolutely, and unconditionally waives any and all rights or powers any Note Claimholder may have at any time under applicable law or otherwise to have the Bank Priority Collateral, or any part thereof, marshaled upon any foreclosure or other enforcement of the Bank Agent’s Liens.