Examples of Second Lien Term Loan Collateral Agent in a sentence
The provisions of this Agreement are and are intended for the purpose of defining the relative rights of the Revolving Collateral Agent and the Revolving Credit Claimholders on the one hand and the Second Lien Term Loan Collateral Agent and the Second Lien Term Loan Claimholders on the other hand.
Neither the Revolving Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Second Lien Term Loan Collateral Agent and the Second Lien Term Loan Claimholders, on the other hand, shall have any duty to advise the other of information known to it or them regarding such condition or any such circumstances or otherwise.
In the event of any conflict or inconsistency between the terms of the ABL/Term Loan Intercreditor Agreement and this Agreement regarding the relative priorities of the Collateral Agent, the Term Loan Collateral Agent and the Second Lien Term Loan Collateral Agent in the Collateral, the terms of the ABL/Term Loan Intercreditor Agreement shall govern and control.
SECOND LIEN TERM LOAN COLLATERAL AGENT AND SECOND LIEN TERM LOAN ADMINISTRATIVE AGENT: WILMINGTON TRUST COMPANY, as Second Lien Term Loan Administrative Agent and Second Lien Term Loan Collateral Agent By: Name: Title: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Xxxxx X.
Nothing in this Agreement shall impair, as between the Grantors and the Revolving Collateral Agent and the Revolving Credit Claimholders, or as between the Grantors and the Second Lien Term Loan Collateral Agent and the Second Lien Term Loan Claimholders, the obligations of the Grantors to pay principal, interest, fees and other amounts as provided in the Revolving Credit Facility Credit Documents and the Second Lien Term Loan Credit Documents, respectively.
All notices to the Second Lien Term Loan Claimholders and the Revolving Credit Claimholders permitted or required under this Agreement shall also be sent to the Second Lien Term Loan Collateral Agent and the Revolving Collateral Agent, respectively.
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 Second Lien Term Loan Collateral Agent or the Second Lien Term Loan Claimholders that are paid over to the Revolving Collateral Agent or the Revolving Credit Claimholders pursuant to this Agreement shall not reduce any of the Second Lien Term Loan Obligations.
The Second Lien Term Loan Collateral Agent, for itself or on behalf of any such Second Lien Term Loan Claimholders, promptly shall execute and deliver to the Revolving Collateral Agent or such Grantor such termination statements, releases and other documents as the Revolving Collateral Agent or such Grantor may reasonably request in writing to effectively confirm such release.
To the extent Liens securing the Revolving Credit Obligations are subordinate to or pari passu with the Liens securing such DIP Financing, the Second Lien Term Loan Collateral Agent will subordinate its Liens on the Revolving Credit Priority Collateral to Liens securing such DIP Financing and to any “carve-out”, including for debtors’ professionals, to which the Revolving Credit Obligations are subordinated.
This Agreement shall be binding upon the Revolving Collateral Agent, the Revolving Credit Claimholders, the Second Lien Term Loan Collateral Agent, the Second Lien Term Loan Claimholders and their respective successors and assigns.