Term B-4 Lenders definition
Examples of Term B-4 Lenders in a sentence
Except to the extent expressly set forth in this Agreement, each Additional Pari Passu Agent, on behalf of the Additional Pari Passu Secured Parties represented by it, hereby waive any and all rights they or the Additional Pari Passu Secured Parties may have as a junior lien creditor or otherwise to contest, protest, object to, or interfere with the manner in which the Term Agent (acting on behalf of the Term B-4 Lenders) or any Term B-4 Lender seeks to enforce its Liens in any Canadian Pledge Collateral.
The subordination of Liens by the ABL Agent, Additional Pari Passu Secured Parties and the Term Secured Parties (other than the Term B-4 Lenders) in favor of the Term Agent for the benefit of the Term B-4 Lenders or the Term Secured Parties, as applicable, as set forth herein shall not be deemed to subordinate the ABL Agent’s, Additional Pari Passu Agent’s or the Term Agent’s respective Liens on the Canadian Pledge Collateral to the Liens of any other Person.
Each Company agrees to take all necessary steps that are reasonably requested by the Agent or the Term B-3 Lenders and the Term B-4 Lenders having more than 50% of the sum of the aggregate outstanding principal amount of all Term B-3 Loans and Term B-4 Loans (the “Escrow Required Lenders”) to maintain the security interest created by this Agreement as a perfected first-priority security interest subject only to any lien of the Escrow Agent permitted pursuant to clause (v) below.
Each Lender hereby consents to the granting of an unsecured guarantee by IntermediateCo for the benefit of the Term B-4 Lenders pursuant to the IntermediateCo Unsecured Guarantee.
This Agreement is for the exclusive benefit of the parties hereto and their respective successors hereunder, and shall not be deemed to give, either expressed or implied, any legal or equitable right, remedy or claim to any other entity or person whatsoever other than the Term B-3 Lenders or the Term B-4 Lenders.
Such IntermediateCo Additional Interest shall be due and payable on each Interest Payment Date by the Borrower to the Administrative Agent (which will be distributed to the Term B-4 Lenders) if such InteremediateCo Additional Interest has accrued during the applicable Interest Period.
This Agreement is intended to be for the sole benefit of the parties hereto, and (subject to the provisions of this Section 9(f)) their respective successors and permitted assigns, and none of the provisions of this Agreement are intended to be, nor shall they be construed to be, for the benefit of any third person other than the Term B-3 Lenders or the Term B-4 Lenders.
In connection with the issuance to Purchaser of this Warrant, Purchaser agrees to execute an investment intent letter in such form as reasonably requested by the Company and its counsel and as may be required to comply with federal and applicable state securities laws.
Notwithstanding anything to the contrary herein, (i) the parties hereto hereby agree that any payments made in respect of the IntermediateCo Unsecured Guarantee shall be paid solely to the Term B-4 Lenders and, for the avoidance of doubt, shall not be paid to any other Lenders in respect of any other Class of Loans and (ii) IntermediateCo shall guarantee the Obligations in respect of the Term B-4 Loans on an unsecured basis pursuant to the IntermediateCo Unsecured Guarantee.
For the avoidance of doubt, as security for the payment or performance, as the case may be, in full of their respective Term B-4 Obligations, each Grantor (other than Xxxxxxxx) hereby grants to the Administrative Agent, its successors and assigns, for the benefit of the Term B-4 Lenders, a security interest in all of such Grantor’s right, title and interest in, to and under the Canadian Pledge Collateral, wherever located, whether now owned or hereafter acquired or arising.