Examples of Second Lien Loan Parties in a sentence
Notwithstanding any term herein to the contrary, it is hereby expressly agreed and acknowledged that the agreements set forth herein by the Second Lien Agent are made solely in its capacity as collateral agent under the Indenture and related Second Lien Documents pursuant to the provisions of the Indenture and the directions of the Second Lien Loan Parties and Noteholders as stated therein, and not in its individual capacity.
The Existing First Lien Indebtedness and the Existing Second Lien Indebtedness are unconditionally owing, due and payable by Debtors to Existing First Lien Loan Parties and Existing Second Lien Loan Parties, respectively, without offset, defense or counterclaim of any kind, nature and description whatsoever.
Furthermore, as of the Petition Date, the Existing Second Lien Indebtedness is oversecured on a going-concern basis pursuant to the Existing Second Lien Loan Documents by perfected, valid, binding and non-avoidable liens and security interests, junior to such liens and security interests granted by Debtors to or for the benefit of Existing First Lien Loan Parties, granted by Debtors to or for the benefit of Existing Second Lien Loan Parties upon all of the Existing Collateral.
Notwithstanding any term herein to the contrary, it is hereby expressly agreed and acknowledged that the agreements set forth herein by the Second Lien Agent are made solely in its capacity as collateral agent under the Indenture and the Second Lien Security Agreement and related Second Lien Documents pursuant to the provisions of the Second Lien Documents and the directions of the Second Lien Loan Parties and the Second Lien Secured Parties, as stated therein, and not in its individual capacity.
The Existing Collateral also secures the Existing Second Lien Indebtedness, but the rights of Existing Second Lien Loan Parties in the Existing Collateral are junior and subordinate to the rights therein of Existing First Lien Loan Parties pursuant to and in accordance with an Intercreditor Agreement dated as of March 8, 2007 (the “IntercreditorAgreement”).