Examples of SPV Credit Agreement in a sentence
The Agent for the benefit of the Secured Parties (as defined in the SPV Credit Agreement) is an express third party beneficiary of the agreements of Originator hereunder and the Agent may enforce any such agreement with or without joining SPV in any action for such enforcement.
Until the date on which the Aggregate Principal outstanding under the SPV Credit Agreement has been repaid in full and all other Obligations have been indefeasibly paid and satisfied in full, Originator shall not institute against SPV any proceeding of the type described in Section 5.1(d) of the Sale Agreement unless and until the Stated Maturity Date has occurred.
The Company’s Net Liquidity shall be equal to or greater than (i) for each fiscal month of the Company other than December and January fiscal months, $22,500,000 (measured as of the last day of such fiscal month of the Company and (ii) for the December and January fiscal months of the Company $18,000,000 (measured as of the last day of each such fiscal month of the Company), in each case after giving effect to any payments under the Credit Agreement or the SPV Credit Agreement on such date of measurement.
Except for the pledge by the Originator to the lenders under the Senior Credit Agreement and subject to the Standstill Agreement (when executed, as required under the SPV Credit Agreement), this Subordinated Note may not be assigned, pledged or otherwise transferred to any party other than Originator without the prior written consent of the Agent, and any such attempted transfer shall be void.
The subordination provisions contained herein are for the direct benefit of, and may be enforced by, the Agent and the Secured Parties and/or any of their respective assignees (collectively, the "Senior Claimants") under the SPV Credit Agreement.
The Borrower and the Notes Collateral Agent hereby agree that they shall not modify the provisions of the Bluestem Securities Purchase Agreement or Bluestem Securities Security Agreement (or any document related to the transactions contemplated hereby) in any manner that adversely affects the SPV Collateral Agent and the Lenders under the SPV Credit Agreement, without the consent of the SPV Collateral Agent, such consent not to be unreasonably withheld, conditioned or delayed.
So long as the SPV Credit Agreement is in effect, if the covenants set forth in Section 6.5 of the SPV Credit Agreement which correspond to the covenants in this Section 6.15 or any definitions or other constituent elements thereof are amended or waived under the SPV Credit Agreement, the provisions of this Section 6.15 shall be amended accordingly, automatically and without further action by the parties hereto.
In the event of any inconsistency between the statements in the body of this Warrant and the Warrant Purchase Agreement, the Registration Rights Agreement or the SPV Credit Agreement, the statements in the body of this Warrant shall control.
No provision of this Agreement may be amended or modified except pursuant to an agreement or agreements in writing entered into by Buyer and Seller, subject to any consents required under the SPV Credit Agreement.
This Warrant, together with the Warrant Purchase Agreement, the Registration Rights Agreement and the SPV Credit Agreement, constitutes the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.