Examples of Term Claimholders in a sentence
The parties hereto acknowledge that the Term Agents will also enter into an intercreditor agreement or agreements, as may be required, that will govern the lien priorities in the Collateral between the Term Claimholders (the “Term Intercreditor Agreement”).
Each Term Agent, on behalf of the Term Claimholders, acknowledges and agrees that the ABL Revolving Collateral Agent and the ABL Revolving Claimholders have made no express or implied representation or warranty, including with respect to the execution, validity, legality, completeness, collectibility, or enforceability of any of the ABL Revolving Loan Documents, the ownership of any Collateral, or the perfection or priority of any Liens thereon.
Any payments or distributions in cash, property or other assets received by the Term Agents or the Term Claimholders that are paid over to the ABL Revolving Collateral Agent or the ABL Revolv- ing Claimholders pursuant to this Agreement shall not reduce any of the Term Obligations.
Except as otherwise expressly provided herein, the Term Agents and the Term Claimholders will be entitled to manage and supervise the Term Documents in accordance with law and as they may otherwise, in their sole discretion, deem appropriate.
This Agreement shall be binding upon the ABL Re- volving Collateral Agent, the ABL Revolving Claimholders, the Term Agents, the Term Claimholders, and their respective successors and assigns.
The ABL Revolving Collateral Agent, each Term Agent and each Claimholder hereby irrevocably waive any defense based on the adequacy of a remedy at law and any other defense which might be asserted to bar the remedy of specific performance in any ac- tion which may be brought by the ABL Revolving Collateral Agent or the ABL Revolving Claimholders or the Term Agents or the Term Claimholders, as the case may be.
Anything to the contrary contained herein notwithstanding, the subordination of the Liens of Term Claimholders to the Liens of ABL Re- volving Claimholders and of the Liens of ABL Revolving Claimholders to the Liens of Term Claimhold- ers as set forth herein is with respect to the priority of the respective Liens held by or on behalf of them only and shall not constitute a subordination of the Term Obligations to the ABL Revolving Obligations or the ABL Revolving Obligations to the Term Obligations.
This Agreement and the rights and benefits hereof shall inure to the benefit of each of the parties hereto and its respective successors and assigns and shall inure to the benefit of and bind each of the ABL Revolving Claimholders and the Term Claimholders.
Notwith- standing the foregoing provisions of this Section 9.5, none of the ABL Revolving Claimholders shall have any claim against any of the Term Claimholders for any impairment of any subrogation rights herein granted to the Term Claimholders and none of the Term Claimholders shall have any claim against any of the ABL Revolving Claimholders for any impairment of any subrogation rights herein granted to the ABL Revolving Claimholders.
Any payments or distributions in cash, property or other assets received by the ABL Revolving Collateral Agent or the ABL Revolving Claimholders that are paid over to the Term Agents or the Term Claimholders pursuant to this Agreement shall not reduce any of the ABL Revolving Obligations.