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.
In no event shall Second Lien Agent, any Second Lien Lender or Third Lien Lender be subject to the equitable doctrine of “marshalling” or any similar doctrine with respect to the Collateral.
Each of the Senior Liens Lender Parties and the Third Lien Lender Parties is hereby authorized to demand specific performance of this Agreement at any time when any Third Lien Lender Party or any Senior Liens Lender Party, respectively, shall have failed to comply with any of the provisions of this Agreement, and each Lender hereby irrevocably waives any defense based on the adequacy of a remedy at law which might be asserted as a bar to such remedy of specific performance.
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.
In the event that, notwithstanding the foregoing, either of the Borrowers or any of the Guarantors shall make any payment or distribution to any Second Lien Lender or Third Lien Lender prohibited by the foregoing provisions of this Section 6, then and in such event such payment or distribution shall be held in trust for the benefit of and immediately shall be paid over to the Collateral Agent for application as set forth in this Agreement.
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.
Notwithstanding anything contained in this Agreement to the contrary, the Third Lien Lender Parties may file a proof of claim in any such Proceeding.
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.
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.