Examples of Second Lien Termination Date in a sentence
The Third Lien Agent and the Third Lien Creditors hereby further agree that until the Second Lien Termination Date has occurred they will not assert any rights of subrogation it or they may acquire as a result of any payment hereunder; provided that as between the Obligors, on the one hand, and the Third Lien Creditors, on the other hand, any such payment that is paid over to the Second Lien Agent pursuant to this Agreement shall be deemed not to reduce any of the Third Lien Obligations.
After the occurrence of the First Lien Termination Date and so long as the Second Lien Termination Date has not occurred, the Second Lien Agent shall have the exclusive right, subject to the Second Lien Documents and the rights of the Obligors under the Second Lien Documents, to settle and adjust claims in respect of Collateral under policies of insurance and to approve any award granted in condemnation or similar proceeding, or any deed in lieu of condemnation, in respect of the Collateral.
Prior to the Second Lien Termination Date, the Borrower shall use commercially reasonable efforts to (a) cause the credit facility evidenced by the Second Lien Term Loan Agreement to be continuously rated by S&P and Xxxxx’x and (b) to maintain a corporate rating from S&P and a corporate family rating from Xxxxx’x, in each case in respect of the Borrower.
Any release of Third Lien Collateral permitted by this Section 11.08 or, prior to the Second Lien Termination Date, otherwise permitted by the First Lien Credit Agreement or the Second Lien Security Agreement, will be deemed not to impair the Liens under this Indenture, the Third Lien Security Agreement and the other Collateral Documents in contravention thereof.
Prior to the Second Lien Termination Date, the Collateral Agent, Trustee and Holders acknowledge and agree to turn over to the Controlling Agent amounts otherwise received or receivable by them to the extent necessary to effectuate the intent of the Intercreditor Agreement.