Purchase Money Notes Guarantor definition

Purchase Money Notes Guarantor shall have the meaning given in the recitals.
Sample 1Sample 2Sample 3
Purchase Money Notes Guarantor has the meaning given in the introductory paragraph to this Agreement.
Sample 1Sample 2Sample 3
Purchase Money Notes Guarantor has the meaning given in the preamble. “Purchase Money Notes Guaranty” means the Guaranty Agreement by and between the Purchase Money Notes Guarantor and the Receiver dated as of the date hereof.
Sample 1Sample 2Sample 3

Examples of Purchase Money Notes Guarantor in a sentence

  • Copies of all fully executed Servicing Agreements and Subservicing Agreements, including all supplements and amendments thereto, shall be provided to the Initial Member and the Purchase Money Notes Guarantor.

  • No provision of this Agreement may be amended or waived except in writing executed by all of the parties to this Agreement, except for Article II, any provision of which may be amended and waived in writing executed by Xxxxxx and Purchase Money Notes Guarantor.

  • All payments by Debtor to the Purchase Money Notes Guarantor hereunder shall be made free and clear of set-off or counterclaim in lawful currency of the United States and in immediately available funds.

  • Without limiting the generality of the foregoing, Debtor shall cause to be delivered to the Collateral Agent and the Purchase Money Notes Guarantor information indicating any possible Environmental Hazards with respect to any Collateral or Underlying Collateral and any notice or report provided to Debtor or the Manager pursuant to Section 5.5 of the Servicing Agreement as in effect on the date hereof.

  • This Agreement is made for the sole benefit of the Collateral Agent, the Purchase Money Notes Guarantor, the Secured Parties and the Grantors and their respective successors and permitted assigns, and no other Person or Persons (including Underlying Borrowers or any co-lender or other Person with any interest in or liability under any of the Underlying Loans) shall have any rights or remedies under or by reason of this Agreement.

  • Upon request by the Collateral Agent or the Purchase Money Notes Guarantor, Debtor, at the sole cost and expense of the Collateral Agent or the Purchase Money Notes Guarantor, as the case might be, promptly shall send copies (the number of copies of which shall be reasonable) of such books and records to the Collateral Agent or the Purchase Money Notes Guarantor.

  • The Collateral Agent may resign as the Collateral Agent upon thirty (30) days’ notice to the Purchase Money Notes Guarantor and Debtor; provided, however, that the prior written consent of the Purchase Money Notes Guarantor and Debtor will be required prior to the effectiveness of any such resignation.

  • In consideration of the Purchase Money Notes Guarantor agreeing to guaranty certain obligations of Debtor pursuant to the Purchase Money Notes in accordance with the Purchase Money Notes Guaranty, the Receiver, for and on behalf of Debtor, shall pay to the Purchase Money Notes Guarantor on the Closing Date a fee equal to 3% of the aggregate original principal amount of the Purchase Money Notes (the “Purchase Money Notes Guaranty Fee”).

  • Debtor shall provide the Collateral Agent and the Purchase Money Notes Guarantor with reasonable advance notice of Debtor’s intention to destroy or dispose of any documents or files relating to the Underlying Loans and, upon the request of the Collateral Agent or the Purchase Money Notes Guarantor, shall allow such Person, at its own expense, to recover the same from Debtor.

  • The Collateral Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default, unless the Collateral Agent shall have received written notice from a Grantor or any Secured Party referring to this Agreement, describing such Default or Event of Default and stating that such notice is a “notice of default.” The Collateral Agent will notify the Purchase Money Notes Guarantor of its receipt of any such notice.


More Definitions of Purchase Money Notes Guarantor

Purchase Money Notes Guarantor means the FDIC, in its corporate capacity, as Purchase Money Purchase Money Notes Guarantor under the Purchase Money Notes Guaranty (as such terms are defined in the Custodial and Paying Agency Agreement).
Sample 1Sample 2Sample 3
Purchase Money Notes Guarantor means the “Purchase Money Notes Guarantor” under any Purchase Money Notes Guaranty (and, in each case, any successor thereto).
Sample 1

Related to Purchase Money Notes Guarantor

  • Purchase Money Note means a promissory note of a Receivables Subsidiary evidencing a line of credit, which may be irrevocable, from the Company or any Subsidiary of the Company to a Receivables Subsidiary in connection with a Qualified Receivables Financing, which note is intended to finance that portion of the purchase price that is not paid by cash or a contribution of equity.

  • Purchase Money Indebtedness means (a) any indebtedness incurred for the payment of all or any part of the purchase price of any fixed asset, including indebtedness under capitalized leases, (b) any indebtedness incurred for the sole purpose of financing or refinancing all or any part of the purchase price of any fixed asset, and (c) any renewals, extensions or refinancings thereof (but not any increases in the principal amounts thereof outstanding at that time).

  • Permitted Purchase Money Indebtedness means, as of any date of determination, Indebtedness (other than the Obligations, but including Capitalized Lease Obligations), incurred after the Closing Date and at the time of, or within 20 days after, the acquisition of any fixed assets for the purpose of financing all or any part of the acquisition cost thereof, in an aggregate principal amount outstanding at any one time not in excess of $5,000,000.

  • Purchase Money Debt means Debt:

  • Purchase Money Lien means any Lien upon any fixed assets that secures the Purchase Money Indebtedness related thereto but only if such Lien shall at all times be confined solely to the asset the purchase price of which was financed or refinanced through the incurrence of the Purchase Money Indebtedness secured by such Lien and only if such Lien secures only such Purchase Money Indebtedness.

  • Purchase Money Obligations means any Indebtedness Incurred to finance or refinance the acquisition, leasing, construction or improvement of property (real or personal) or assets, and whether acquired through the direct acquisition of such property or assets or the acquisition of the Capital Stock of any Person owning such property or assets, or otherwise.

  • Senior Notes Documents means the Senior Notes, the Indenture and any documents or instruments contemplated by or executed in connection with any of them (and designated therein as having been executed in connection with the Senior Notes), in each case, as amended, modified, supplemented or restated from time to time to the extent permitted by Section 7.15.

  • Purchase Money Obligation means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.

  • Notes Documents means the Notes (including Additional Notes), the Note Guarantees, the Collateral Documents, the Intercreditor Agreements and this Indenture.

  • Securitization Indebtedness means any Indebtedness under any Securitization Transaction that does not permit or provide recourse for principal or interest (other than Standard Securitization Undertakings) to the Borrower or any Restricted Subsidiary of the Borrower (other than a Securitization Entity) or any property or asset of the Borrower or any Restricted Subsidiary of the Borrower (other than the property or assets of a Securitization Entity or any Equity Interests or securities issued by a Securitization Entity).

  • Guarantor Senior Indebtedness means the principal of (and premium, if any, on) and interest on (including interest accruing after the filing of a petition initiating any proceeding pursuant to any bankruptcy law, whether or not allowable as a claim in such proceeding) and other amounts due on or in connection with any Indebtedness of any Guarantor, whether outstanding on the date hereof or hereafter created, incurred or assumed, unless, in the case of any particular Indebtedness, the instrument creating or evidencing the same or pursuant to which the same is outstanding expressly provides that such Indebtedness shall not be pari passu with the Guarantees. Without limiting the generality of the foregoing, "Guarantor Senior Indebtedness" shall include the principal of (and premium, if any, on) and interest (including interest accruing after the filing of a petition initiating any proceeding pursuant to any bankruptcy law, whether or not allowable as a claim in such proceeding) on all obligations of every nature of any Guarantor to the Lenders under the New Bank Credit Agreement and to the Holders of the Securities, and any interest rate or foreign exchange agreement now existing or hereinafter entered into by any Guarantor with any Lender, including, without limitation, all fees, expenses (including fees and expenses of counsel), claims, charges and indemnity obligations. Notwithstanding the foregoing, "Guarantor Senior Indebtedness" shall not include (i) Indebtedness evidenced by the guarantees of the Senior Subordinated Notes, (ii) Indebtedness of any Guarantor that is expressly subordinated in right of payment to any of such Guarantor's Guarantees, (iii) Indebtedness of any Guarantor that by operation of law is subordinate to any general unsecured obligations of such Guarantor, (iv) Indebtedness represented by Redeemable Capital Stock, (v) Indebtedness of any Guarantor to ADT Limited or any of its Subsidiaries, (vi) any liability for federal, state, local or other taxes owed or owing by any Guarantor and (vii) trade payables owed or owing by any Guarantor.

  • Pari Passu Debt means (a) any Debt of the applicable Issuer that ranks equally in right of payment with the Notes or (b) with respect to any Guarantee, any Debt that ranks equally in right of payment to such Guarantee.

  • Pari Passu Indebtedness means any Indebtedness of the Issuers or any Guarantor that ranks pari passu in right of payment with the Notes or such Guarantor’s Subsidiary Guarantees, as applicable.

  • Subordinated Indebtedness Documents means any document, agreement or instrument evidencing any Subordinated Indebtedness or entered into in connection with any Subordinated Indebtedness.

  • Guarantor Security Agreement means any security agreement executed by any Guarantor in favor of Agent securing the Obligations or the Guaranty of such Guarantor, in form and substance satisfactory to Agent.

  • Consolidated Senior Secured Indebtedness means all Consolidated Funded Indebtedness that is secured by a Lien on any property or assets of the Borrower or any Restricted Subsidiary.

  • Restricted Indebtedness means Indebtedness of the Borrower or any Subsidiary, the payment, prepayment, repurchase or defeasance of which is restricted under Section 6.09(b).

  • Senior Secured Indebtedness means any Indebtedness of Holdings, the Borrower and its Restricted Subsidiaries that is secured by a Lien on any asset of Holdings, the Borrower or any of its Restricted Subsidiaries (other than Liens permitted pursuant to Section 7.01 on assets not constituting Collateral).