Examples of Omnibus Agent in a sentence
The Borrowers and the Guarantors each hereby further acknowledge and agree that the Lenders, the Credit Agent and the Omnibus Agent reserve all rights, remedies and options under the Facility Documents to require either Borrower to satisfy in all respects the conditions relating to the making of any loan under the Facility Documents and each Obligor to perform all of its obligations under the Facility Documents which are then due and owing or are susceptible of performance, as the case may be.
RFC hereby notifies the Lender Agent and the Omnibus Agent that additional US Mortgage Loans are being added to the Security Agreement and the Omnibus Agreement, as described in the Mortgage Schedule dated June 12, 2009 delivered by RFC to the Lender Agent and the Omnibus Agent.
Neither the Omnibus Agent nor any other Secured Party need apply or pay over for application noncash proceeds of collection and enforcement unless (i) the failure to do so would be commercially unreasonable and (ii) the applicable Grantor has provided the Omnibus Agent with a written demand to apply or pay over such noncash proceeds on such basis.
The Omnibus Agent shall not be obligated to make any sale of Collateral regardless of notice of sale having been given.
On or before June 1, 2009, the Grantors shall deliver or cause to be delivered such other documents, including but not limited to the Grantors’ board resolutions approving this Agreement, as the Omnibus Agent may reasonably request, which documents will be in form and substance satisfactory to the Omnibus Agent.
In addition, Article XII of the Original Loan Agreement shall survive the execution and delivery of this Agreement with respect to actions or the failure to act by GMAC in its capacity as Lender Agent or Omnibus Agent (each as defined therein) and Article XII of the Original Credit Agreement shall survive the execution and delivery of this Agreement with respect to actions or the failure to act by GMAC in its capacity as Credit Agent.
The Obligors shall deliver, on the date hereof, opinions of counsel to the Borrowers, the Guarantors and Grantors with respect to the transactions contemplated hereby, which opinions shall be in form and substance satisfactory to the Omnibus Agent.
The Omnibus Agent, however, may, at any time that an Event of Default has occurred and is continuing, whether before or after any revocation of such power and authority or the maturity of any of the Obligations, notify any party obligated on any of the Non-Tangible Collateral to make payment or otherwise render performance to or for the benefit of the Omnibus Agent and enforce, by suit or otherwise the obligations of any such party obligated on any Non-Tangible Collateral.
Each Borrower covenants and agrees to deliver to the Omnibus Agent no later than April 15, 2009 fully executed and delivered amendments to each Account Control Agreement necessary to provide that the Omnibus Agent shall be a secured party thereunder, which amendments shall be in form and substance reasonably acceptable to the Lender.
On the Amendment Effective Date, the Obligors shall deliver or cause to be delivered opinions of counsel to the Borrowers, the Guarantors and Obligors with respect to the transactions contemplated hereby, which opinions shall be in form and substance satisfactory to the Lender Agent and Omnibus Agent.