Senior Subordinated Secured Parties definition
Examples of Senior Subordinated Secured Parties in a sentence
Following the Discharge of Working Capital Facility Obligations, in connection with any decision by the Senior Subordinated Secured Parties under this Agreement, the votes of each Series of Senior Subordinated Secured Debt entitled to vote thereon shall be cast in the manner provided by, and in accordance with the decision of the holders of such Series of Senior Subordinated Secured Debt made pursuant to the terms of the corresponding Secured Debt Documents.
Neither the Working Capital Facility Collateral Agent nor any Working Capital Facility Lender shall have any duty to any of the Senior Subordinated Secured Parties to act or refrain from acting in a manner which allows, or results in, the occurrence or continuance of an event of default or default under any agreements with any Obligor (including, without limitation, the Notes Documents and the Pari Passu Indebtedness Documents), regardless of any knowledge thereof which they may have or be charged with.
None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise.
In the event that the Collateral Agent receives such a notice, the Collateral Agent shall give notice thereof to the Pledgors and the Senior Secured Parties (if the Senior Payout Date shall not have occurred), the Senior Subordinated Secured Parties (if the Senior Payout Date shall have occurred but the Senior Subordinated Payout Date shall not have occurred) or the Junior Subordinated Secured Parties (if the Senior Payout Date and the Senior Subordinated Payout Date shall have occurred).
It is understood and agreed that, for purposes of this paragraph, after the Senior Payout Date, the term "Senior Secured Parties", when used in this paragraph, shall be deemed to mean the Senior Subordinated Secured Parties and the term "Subordinated Secured Parties", when used in this paragraph, shall be deemed to mean the Junior Subordinated Secured Parties.
It is further expressly understood that the Lien subordination and other terms referred to herein shall not in any way modify or relieve the Grantors of or from any liability or obligation that the Grantors may have (i) to the Credit Agreement Secured Parties under the Credit Agreement and any other Loan Document, (ii) to the Senior Subordinated Secured Parties under the Senior Subordinated Note Indenture or (iii) to the Junior Subordinated Secured Parties under the Junior Subordinated Note Indenture.
In the event that Lender applies the proceeds of the Debt Service Reserve Sub-Account or elects to apply the proceeds of any other Sub-Account to pay the deposits required by Sections 3.3(a)(i) and (ii) above, Borrower shall, upon demand, repay to Lender the amount of such applied funds to replenish such Sub-Account(s).
The Agent, for itself and on behalf of each Lender, and the Trustees, for themselves and on behalf of the Senior Subordinated Secured Parties and the Junior Subordinated Secured Parties, as applicable, hereby agree that they shall not, and hereby waive any right to, contest, or support any other Person in contesting, in any proceeding (including, without limitation, any Insolvency or Liquidation Proceeding), the priority, validity or enforceability of any Lien held by any other Secured Party.
Each of the Senior Subordinated Secured Parties and Junior Subordinated Secured Parties agrees that the Credit Agreement Secured Parties and Collateral Agent have no duty to them in respect of the maintenance or preservation of the Collateral.
Until such time as the Credit Agreement Obligations are paid in full and the Commitments under the Credit Agreement have been terminated, each of the Senior Subordinated Secured Parties and Junior Subordinated Secured Parties agrees that none of them shall seek relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Collateral.