Third Lien Lender definition
Examples of Third Lien Lender in a sentence
Fax: (000) 000-0000 If to any Third Lien Lender Party c/o WELSH, CARSON, XXXXXXXX & XXXXX 000 Xxxx Xxxxxx Xxxxx 0000 Xxx Xxxx, XX 00000 Attention: Xxxx Xxxxxxx Fax: (000) 000-0000 With copies (which shall not constitute notice) to: XXXXX XXXX & XXXXXXXX 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxxxx Xxxxxxxx, Esq.
Nothing in this Agreement shall (a) impair, as among the Loan Parties and the Senior Liens Lender Parties and as among the Loan Parties and the Third Lien Lender Parties, the obligations of the respective Loan Parties with respect to the payment of the Senior Liens Debt and the Third Lien Debt in accordance with their respective terms or (b) affect the relative rights of the Senior Liens Lender Parties or the Third Lien Lender Parties with respect to any other creditors of the Loan Parties.
Notwithstanding anything contained in this Agreement to the contrary, the Third Lien Lender Parties may file a proof of claim in any such Proceeding.
In the event that either Senior Liens Agent requests the Third Lien Agent to execute and deliver any formal release or termination of the Lien of the Third Lien Agent upon such Collateral, each Third Lien Lender agrees to execute forthwith such formal release or termination as may be reasonably required.
Until the Senior Liens Debt has been paid in full in cash and the Senior Liens Debt Documents have been terminated, each Third Lien Lender Party agrees that the Senior Liens Agents, acting in a commercially reasonable manner, shall have the sole and exclusive right, subject to the Senior Liens Debt Documents, to adjust settlement with respect to any insurance coverage for any Collateral, the proceeds of which will be applied solely in accordance with the terms of the Senior Liens Debt Documents.
Each Noteholder and each Third Lien Lender must independently and without reliance upon the Collateral Agent, and based on such documents and information as it has deemed appropriate, make its own appraisal of and investigation into the business, operations, property, prospects, financial and other condition and creditworthiness of the Grantor and has made its own decision to accept notes or extend credit to the Grantor.
This Agreement shall define the relative rights to the Collateral and to receive any payment by any Loan Party of the Senior Liens Lender Parties and the Third Lien Lender Parties.
Each Third Lien Lender hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or otherwise to require any Senior Liens Agent or the Senior Liens Lender Parties to marshal any Property of any Loan Party for the benefit of the Third Lien Lenders.
For the avoidance of doubt, all rights and obligations hereunder shall be subject to the rights and obligations of the Second Lien Agent, Second Lien Lenders and Third Lien Lender as set forth in the Prepetition Second Lien Loan Documents, the Prepetition Third Lien Loan Documents, and Third Lien Intercreditor Agreement.
No costs or expenses of administration which have or may be incurred in the Cases at any time shall be charged against Second Lien Agent or any Second Lien Lender or against Third Lien Lender, their respective claims or the Collateral pursuant to Section 506(c) of the Bankruptcy Code without the prior written consent of Second Lien Agent, and no such consent shall be implied from any other action, inaction or acquiescence by Second Lien Agent, any Second Lien Lenders, or Third Lien Lender.