Examples of Term Credit Party in a sentence
All Term Obligations at any time made or incurred by any Loan Party shall be deemed to have been made or incurred in reliance upon this Agreement, and the ABL Agent, on behalf of itself and the ABL Credit Parties, hereby waives notice of acceptance, or proof of reliance, by the Term Agent or any Term Credit Party of this Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the Term Obligations.
The Term Agent, for and on behalf of itself and the Term Credit Parties, agrees that no payment to the ABL Agent or any ABL Credit Party pursuant to the provisions of this Agreement shall entitle the Term Agent or any Term Credit Party to exercise any rights of subrogation in respect thereof until the Discharge of ABL Obligations shall have occurred.
If any ABL Credit Party or Term Credit Party shall enforce its rights or remedies in violation of the terms of this Agreement, the Loan Parties shall not be entitled to use such violation as a defense to any action by any ABL Credit Party or Term Credit Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Credit Party or Term Credit Party.
Nothing in this Agreement shall be deemed to subordinate the obligations due to (i) any ABL Credit Party to the obligations due to any Term Credit Party or (ii) any Term Credit Party to the obligations due to any ABL Credit Party (in each case, whether before or after the occurrence of an Insolvency Proceeding), it being the intent of the Parties that this Agreement shall effectuate a subordination of Liens but not a subordination of the payment of the ABL Obligations or the Term Obligations.
No priority or right of the Term Agent or any Term Credit Party shall at any time be prejudiced or impaired in any way by any act or failure to act on the part of any Loan Party or by the non-compliance by any Person with the terms, provisions, or covenants of any of the Term Documents, regardless of any knowledge thereof which the Term Agent or any Term Credit Party may have.
Nothing in this Agreement shall prohibit the receipt by the Term Agent or any Term Credit Party of the payments of interest, principal and other amounts owed in respect of the Term Obligations so long as such receipt is not the direct or indirect result of the exercise by the Term Agent or any Term Credit Party of rights or remedies as a secured creditor (including set-off) with respect to ABL Priority Collateral or enforcement in contravention of this Agreement of any Lien held by any of them.
The ABL Agent, for itself and on behalf of the ABL Credit Parties, hereby waives any and all rights it or the ABL Credit 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 or any Term Credit Party seeks to enforce its Liens in any Term Priority Collateral.
In exercising remedies, whether as a secured creditor or otherwise, the ABL Agent shall have no obligation or liability to the Term Agent or to any Term Credit Party, and the Term Agent shall have no obligation or liability to the ABL Agent or any ABL Credit Party, regarding the adequacy of any Proceeds or for any action or omission, except solely for an action or omission that breaches the express obligations undertaken by each Party under the terms of this Agreement.
The ABL Agent, for and on behalf of itself and the ABL Credit Parties, agrees that no payment to the Term Agent or any Term Credit Party pursuant to the provisions of this Agreement shall entitle the ABL Agent or any ABL Credit Party to exercise any rights of subrogation in respect thereof until the Discharge of Term Obligations shall have occurred.
Except to the extent expressly set forth in this Agreement (including, without limitation Section 3.6), the ABL Agent, for itself and on behalf of the other ABL Credit Parties, agrees that none of the ABL Agent or the ABL Credit Parties will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the Term Agent or any Term Credit Party under the Term Documents with respect to the Term Priority Collateral.