FIRST LIEN AGENT Sample Clauses
FIRST LIEN AGENT. BAY COAST BANK, for itself as First Lien Agent and as Collateral Agent for the First Lien Lenders By: Name: Title: TMI TRUST COMPANY, as Collateral Agent under the Indenture, for itself and the other Second Lien Creditors By: Name: Title: Each of the undersigned hereby acknowledges and agrees to the foregoing terms and provisions. By its signature below, each of the undersigned agrees that it will, together with its successors and assigns, be bound by the provisions hereof. Each of the undersigned agrees that any Creditor holding or otherwise controlling Collateral (the “Controlling Creditor”) does so as bailee (under the UCC) for and on behalf of the other Creditors which have a Lien on such Collateral, and each Controlling Creditor is hereby authorized to and may turn over to Second Lien Agent (if First Lien Agent or any First Lien Lender is the Controlling Creditor) or to First Lien Agent (if Second Lien Agent or any Second Lien Creditor is the Controlling Creditor) any such Collateral upon request therefore, after all obligations and indebtedness of the undersigned to such Controlling Creditor shall have been fully paid and performed. Each of the undersigned acknowledges and agrees that (i) although it may sign this Intercreditor Agreement it is not a party hereto and does not and will not receive any right, benefit, priority or interest under or because of the existence of the foregoing Intercreditor Agreement (except for a consent which is deemed to have been given by the Second Lien Creditors under Section 2.9), and (ii) it will execute and deliver such additional documents and take such additional action as may be necessary or desirable in the reasonable opinion of any of the Creditors to effectuate the provisions and purposes of the foregoing Intercreditor Agreement. CURO GROUP HOLDINGS CORP. A SPEEDY CASH CAR TITLE LOANS, LLC ADVANCE GROUP, INC. ATTAIN FINANCE, LLC AVIO CREDIT, INC. CASH COLORADO, LLC CONCORD FINANCE, INC. ENNOBLE FINANCE, LLC EVERGREEN FINANCIAL INVESTMENTS, INC. FMMR INVESTMENTS, INC. GALT VENTURES, LLC PRINCIPAL INVESTMENTS, INC. SCIL TEXAS, LLC SC AURUM, LLC SCIL, INC. SPEEDY CASH SPEEDY CASH ILLINOIS, INC. SC TEXAS MB, INC. THE MONEY STORE, ▇.▇. ▇▇▇▇ MANAGEMENT LLC ▇▇▇▇ CAR TITLE, INC. ▇▇▇▇ FINANCIAL, INC. By: Name: Title: This SUPPLEMENT TO THE INTERCREDITOR AGREEMENT (this “Supplement”) is made on , 20 by and among: (i) CURO Financial Technologies Corp. (the “Issuer”), (ii) [ ] (the “Obligors”) and (iii) [ ] (the “Pari Pas...
FIRST LIEN AGENT. WILMINGTON TRUST, NATIONAL ASSOCIATION, AMERICAN VANGUARD CORPORATION AMVAC CHEMICAL CORPORATION OHP, Inc. GEMCHEM, Inc. AGRINOS Inc. TYRATECH, Inc.
FIRST LIEN AGENT. Notwithstanding anything contained herein to the contrary, (a) upon the satisfaction in full of the obligations under the First Lien Credit Agreement, the First Lien Agent shall have no more rights or obligations in respect of this Agreement and the other Loan Documents, except as may be specifically provided for herein or in the Intercreditor and Subordination Agreements, the Second Lien Collateral Agent shall act as successor therefor, and all references herein to the “First Lien Agent” shall be deemed to be referenced to the “Second Lien Collateral Agent” and (b) upon the satisfaction in full of the obligations under the First Lien Credit Agreement and the Second Lien Credit Agreement, the Second Lien Agent shall have no more rights or obligations in respect of this Agreement and the other Loan Documents, except as may be specifically provided for herein or in the Third Lien Intercreditor and Subordination Agreement, the Collateral Agent shall act as successor therefor, and all references herein to the “First Lien Agent” shall be deemed to be referenced to the “Collateral Agent”; provided, however, that the First Lien Collateral Agent and the Second Lien Collateral Agent, as applicable, shall continue to act as subagent for the Second Lien Collateral Agent and the Collateral Agent, as applicable, to the extent provided for in the Third Lien Intercreditor and Subordination Agreement.
FIRST LIEN AGENT. Notwithstanding anything contained herein to the contrary, upon the satisfaction in full of the obligations under the Third Amended Credit Agreement, the First Lien Agent shall have no more rights or obligations in respect of this Agreement and the other Loan Documents, except as may be specifically provided for herein or in the Intercreditor and Subordination Agreements, the Collateral Agent shall act as successor therefor, and all references herein to the “First Lien Agent” shall be deemed to be referenced to the “Collateral Agent”; provided, however, that the First Lien Collateral Agent shall continue to act as subagent for the Collateral Agent in respect of the Collateral to the extent provided for in the Intercreditor and Subordination Agreements.
FIRST LIEN AGENT the Borrower and the other Obligors have entered into the First Lien Credit Agreement (as hereinafter defined).
FIRST LIEN AGENT. GENERAL ELECTRIC CAPITAL CORPORATION, as First Lien Agent By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Its Duly Authorized Signatory THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Second Lien Agent By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President Each of the undersigned hereby acknowledges and agrees to the foregoing terms and provisions.
FIRST LIEN AGENT. BANK OF AMERICA, N.A., as First Lien Agent By: /s/ D▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President GUGGENHEIM CORPORATE FUNDING, LLC, as Second Lien Agent By: /s/ W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Attorney-in-Fact Each of the undersigned hereby acknowledges and agrees to the foregoing terms and provisions. LOWER LAKES TOWING LTD., a Canadian corporation By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Vice President, Assistant Treasurer and Assistant Secretary LOWER LAKES TRANSPORTATION COMPANY, a Delaware corporation By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Vice President, Assistant Treasurer and Assistant Secretary GRAND RIVER NAVIGATION COMPANY, INC., a Delaware corporation By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Vice President, Assistant Treasurer and Assistant Secretary BLACK CREEK SHIPPING COMPANY, INC., a Delaware corporation By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Chief Financial Officer, Vice President, Secretary and Treasurer
FIRST LIEN AGENT. In acting hereunder, the First Lien Agent shall have the benefits of the rights, protections and immunities granted to it in the First Lien Credit Agreement, all of which are incorporated by reference herein, mutatis mutandis. In no event shall the First Lien Agent be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the First Lien Agent has been advised of the likelihood of such loss or damage and regardless of the form of action. In no event shall the First Lien Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the First Lien Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.