Subordinated Lender Remedies definition

Subordinated Lender Remedies means any action (a) to take from or for the account of either Company, any Obligor, any other guarantor of the Subordinated Indebtedness or any other Person, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by either Company (other than receipt of payments of Subordinated Indebtedness to the extent permitted by this Agreement), any Obligor, any such guarantor or any other Person with respect to the Subordinated Indebtedness, (b) to sue for payment of, or to initiate or participate with others in any xxxt, action or proceeding (including any Proceeding) against either Company, any Obligor, any such guarantor or any other Person to (i) enforce payment of or to collect the whole or any part of the Subordinated Indebtedness or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Documents or applicable law with respect to the Subordinated Indebtedness, (c) to accelerate the Subordinated Indebtedness, (d) to exercise any put, repurchase or similar option or to cause either Company, any Obligor, any such guarantor or any other Person to honor any redemption or mandatory prepayment obligation under any Subordinated Document or (e) to take any action under the provisions of any state or federal law, including the UCC, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any Company Property or any property or assets of any such guarantor or any other Person.
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Subordinated Lender Remedies means any action which results in (i) the sale, foreclosure, realization on or liquidation of any of Debtor's assets or properties (ii) the execution on any judgment obtained against Debtor, (iii) the acceleration of the Subordinated Debt, (iv) the filing of any petition or lien under any bankruptcy, insolvency or creditors' rights laws with respect to Debtor, or (v) the institution or exercise against Debtor of any suit, legal action, arbitration or other enforcement remedy.
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Subordinated Lender Remedies means any action (a) to take from or for the account of any Grantor by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any Grantor with respect to the Subordinated Obligations, (b) to xxx for payment of, or to initiate or participate with others in any suit, action or proceeding (including any Proceeding) against any Grantor to (i) enforce payment of or to collect the whole or any part of the Subordinated Obligations or (ii) commence judicial enforcement of any of the rights and remedies with respect to the Subordinated Obligations, (c) to accelerate the Subordinated Obligations, (d) to exercise any put, repurchase or similar option or to cause any Grantor to honor any redemption or mandatory prepayment obligation with respect to any Subordinated Obligations, or (e) to take any action under the provisions of any state or federal law, including the UCC, or under any contract or agreement, to enforce, foreclose upon, take possession of, realize upon or sell any property or assets of any Grantor on account of the Subordinated Obligations.
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Examples of Subordinated Lender Remedies in a sentence

  • Until Payment in Full, whether in or outside of any Proceeding, no Grantor shall, without the prior written consent of the Administrative Agent, exercise any Subordinated Lender Remedies.

  • Until all of the Senior Indebtedness has been Finally Paid, the Subordinated Lender shall not exercise any Subordinated Lender Remedies or other remedies it may have for a default under the Subordinated Documents, except as permitted below.

  • Acknowledgments The author E.D. received funding from the European Union’s Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement No. 765068.

  • For a period of 180 days after ----------------------------- delivery of a Default Notice, as provided in subsection 4(b) above, Junior --------------- Lender shall not exercise any Subordinated Lender Remedies or other remedies it may have for a default under the Subordinated Debt Documents, except as permitted below.

  • Until Payment in Full, whether in or outside of any Proceeding, no Grantor shall, without the prior written consent of the Holder, exercise any Subordinated Lender Remedies.


More Definitions of Subordinated Lender Remedies

Subordinated Lender Remedies means any action (a) to take from or for the account of Pac-Van, GFN or any other Obligor, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by Pac-Van or GFN (other than receipt of payments of Subordinated Indebtedness to the extent permitted by this Agreement) or any other Obligor with respect to the Subordinated Indebtedness, (b) to xxx for payment of, or to initiate or participate with others in any suit, action or proceeding (including any Proceeding) against Pac-Van, GFN or any other Obligor to (i) enforce payment of or to collect the whole or any part of the Subordinated Indebtedness or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Documents or applicable law with respect to the Subordinated Indebtedness, (c) to accelerate the Subordinated Indebtedness, (d) to exercise any put, repurchase or similar option or to cause Pac-Van, GFN or any other Obligor to honor any redemption or mandatory prepayment obligation under any Subordinated Document or (e) to take any action under the provisions of any state or federal law, including the UCC, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any Company Property. Notwithstanding the foregoing, "Subordinated Lenders Remedies" does not include (i) any action to seek and obtain specific performance or injunctive relief to compel Pac-Van, GFN or any other Obligor to comply with (or not violate or breach) an obligation under the Subordinated Documents, so long as it is not accompanied by a claim for monetary damages or (ii) any rights and remedies of the Subordinated Agent and the Subordinated Lenders against the Parent.
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Subordinated Lender Remedies means any action (a) to take from or for the account of the Borrower, the Company, any Obligor, any other guarantor of the Subordinated Indebtedness or any other Person, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by the Borrower, the Company (other than receipt of payments of Subordinated Indebtedness to the extent permitted by this Agreement), any Obligor, any such guarantor or any other Person with respect to the Subordinated Indebtedness, (b) to sxx for payment of, or to initiate or participate with others in any suit, action or proceeding (including any Proceeding) against the Borrower, the Company, any Obligor, any such guarantor or any other Person to (i) enforce payment of or to collect the whole or any part of the Subordinated Indebtedness or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Documents or applicable law with respect to the Subordinated Indebtedness, (c) to accelerate the Subordinated Indebtedness, (d) to exercise any put, repurchase or similar option or to cause the Borrower, the Company, any Obligor, any such guarantor or any other Person to honor any redemption or mandatory prepayment obligation under any Subordinated Document or (e) to take any action under the provisions of any state or federal law, including the UCC, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any Borrower Property, Company Property or any property or assets of any such guarantor or any other Person. Notwithstanding the foregoing, “Subordinated Lenders Remedies” does not include any action to seek and obtain specific performance or injunctive relief to compel the Company or any Obligor to comply with (or not violate or breach) an obligation under the Subordinated Documents, so long as it is not accompanied by a claim for monetary damages.
Sample 1
Subordinated Lender Remedies means any action taken by the Administrative Agent or the Noteholders that results in (a) the sale, foreclosure, realization on or liquidation of any Borrower’s Property, (b) the execution on any judgment obtained against IdleAire, (c) the acceleration of the Subordinated Indebtedness, (d) the filing of any petition or lien under any bankruptcy, insolvency or creditors’ rights laws with respect to IdleAire, or (e) the institution or exercise against IdleAire of any suit, legal action, arbitration or other enforcement remedy.
Sample 1
Subordinated Lender Remedies means any action which results in (A) the sale, foreclosure, realization on or liquidation of any of Borrower's Property, (B) the execution on any judgment obtained against Borrower, (C) the acceleration of the Subordinated Indebtedness, (D) the filing of any petition or lien under any bankruptcy, insolvency or creditors' rights laws with respect to Borrower, or (E) the institution or exercise against Borrower of any suit, legal action, arbitration or other enforcement remedy.
Sample 1
Subordinated Lender Remedies means any action (a) to take from or for the account of either Company, any Obligor, any other guarantor of the Subordinated Indebtedness or any other Person, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by either Company (other than receipt of payments of Subordinated Indebtedness to the extent permitted by this Agreement), any Obligor, any such guarantor or any other Person with respect to the Subordinated Indebtedness, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding (including any Proceeding) against either Company, any Obligor, any such guarantor or any other Person to (i) enforce payment of or to collect the whole or any part of the Subordinated Indebtedness or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Documents or applicable law with respect to the Subordinated Indebtedness, (c) to accelerate the Subordinated Indebtedness, (d) to exercise any put, repurchase or similar option or to cause either Company, any Obligor, any such guarantor or any other Person to honor any redemption or mandatory prepayment obligation under any Subordinated Document or (e) to take any action under the provisions of any state or federal law, including the UCC, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any Company Property or any property or assets of any such guarantor or any other Person.
Sample 1
Subordinated Lender Remedies means any action which results in (i) ---------------------------- the sale, foreclosure, realization on or liquidation of any of Debtor's assets or properties in respect of the Subordinated Debt, (ii) the execution on any judgment obtained against Debtor in respect of the Subordinated Debt, (iii) the acceleration of the Subordinated Debt, (iv) the filing of any petition or lien under any bankruptcy, insolvency or creditors' rights laws with respect to Debtor, or (v) the institution or exercise against Debtor of any suit, legal action, arbitration or other enforcement remedy in respect of the Subordinated Debt.
Sample 1

Related to Subordinated Lender Remedies

  • Subordinated Lender means each Seller, in its capacity as subordinated lender pursuant to the relevant Subordinated Loan Agreement.

  • Subordinated Lenders means each and every Person to whom any of the Subordinated Indebtedness are owed.

  • Subordinate Lender means the person or entity named as such in the first paragraph of this Agreement and any other person or entity who becomes the legal holder of the Subordinate Note after the date of this Agreement.

  • DIP Lender means a lender under the DIP Facility.

  • Subordinated Loan Agreement means a binding agreement with a Subordinated Debt Provider providing unsecured debt financing for the benefit of the Energy Complex and on terms and conditions that shall satisfy the requirements of the Financing Documents.

  • Secured Lender means a lender under a Secured Lender’s Security Agreement.

  • Subordinated Loan Documents means the Subordinated Credit Agreement, the promissory notes executed and delivered pursuant to the Subordinated Credit Agreement, and each other agreement, instrument, or document executed by the Borrower or any of its Subsidiaries or any of their Responsible Officers in connection with the Subordinated Credit Agreement.

  • Term Loan Obligations means the “Obligations” as defined in the Term Loan Credit Agreement.

  • Senior Lender means each holder of a Senior Note.

  • Loan Obligations means (a) the due and punctual payment by the Borrower of (i) the unpaid principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans made to the Borrower under this Agreement, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, (ii) each payment required to be made by the Borrower under this Agreement in respect of any Letter of Credit, when and as due, including payments in respect of reimbursement of disbursements, interest thereon (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) and obligations to provide Cash Collateral and (iii) all other monetary obligations of the Borrower owed under or pursuant to this Agreement and each other Loan Document, including obligations to pay fees, expense reimbursement obligations and indemnification obligations, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), and (b) the due and punctual payment of all obligations of each other Loan Party under or pursuant to each of the Loan Documents.

  • Second Lien Loan Documents means the “Loan Documents” as defined in the Second Lien Credit Agreement.

  • First Lien Loan Documents means the “Loan Documents” as defined in the First Lien Credit Agreement.

  • Subordinate Loan Documents means the Subordinate Note, the Subordinate Mortgage, and all other documents at any time evidencing, securing, guaranteeing, or otherwise delivered in connection with the Subordinate Indebtedness.

  • Subordinated Loan has the meaning set forth in Section 1.2(a) of the Agreement.

  • Borrower Loan Agreement means this Borrower Loan Agreement.

  • Additional First Lien Secured Parties means the holders of any Additional First Lien Obligations and any trustee, authorized representative or agent of such Additional First Lien Obligations.

  • Additional First Lien Secured Party means the holders of any Additional First-Lien Obligations and any Authorized Representative with respect thereto, and shall include the Initial Additional First-Lien Secured Parties.

  • Second Lien Credit Agreement means the Second Lien Credit Agreement, dated as of the Closing Dates thereof among the Borrower, the other Credit Parties from time to time party thereto, the Second Lien Lenders and the Second Lien Administrative Agent, as the same may be amended, restated and/or modified from time to time subject to the terms thereof.

  • Second Lien Secured Parties means the Indenture Second Lien Secured Parties and the Additional Second Lien Secured Parties.

  • Subordinated Loans means any loan incurred by the Issuer or any of its Subsidiaries, if such loan (i) according to its terms (or pursuant to a subordination agreement on terms and conditions satisfactory to the Trustee) is subordinated to the obligations of the Issuer under the Terms and Conditions; (ii) according to its terms have a final redemption date or, when applicable, early redemption dates or instalment dates which occur after the Final Redemption Date; and (iii) according to its terms yield only payment-in-kind interest.

  • First Lien Secured Parties means (i) the Credit Agreement Secured Parties and (ii) the Additional First-Lien Secured Parties with respect to each Series of Additional First-Lien Obligations.

  • Revolving Loan Obligations means any Obligations with respect to the Revolving Loans (including without limitation, the principal thereof, the interest thereon, and the fees and expenses specifically related thereto).

  • Financing Party means any and all Persons, or the agents or trustees representing them, providing senior or subordinated debt or tax equity financing or refinancing (including letters of credit, bank guaranties or other credit support).

  • Senior Secured Credit Agreement means that certain Credit Agreement, dated as of September 27, 2018, among the Borrowers, the lenders from time to time party thereto, JPMCB as administrative agent, JPMCB as collateral agent, and the other parties thereto, as amended, restated, amended, restated, extended, supplemented, refinanced or otherwise modified from time to time.

  • First Lien Credit Agreement has the meaning set forth in the recitals hereto.

  • Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.