First Lien Documents Clause Samples
The 'First Lien Documents' clause defines the set of agreements and instruments that establish and govern the first-priority security interest a lender holds over a borrower's assets. These documents typically include the primary credit agreement, security agreements, and any related filings or instruments that perfect the lender's first lien position. By clearly identifying which documents constitute the first lien, this clause ensures that all parties understand the scope and priority of the lender's security interest, thereby reducing the risk of disputes over collateral rights and protecting the lender's position in the event of borrower default.
First Lien Documents. Borrowers have delivered or made available to Agent true and correct copies of the First Lien Documents. The transactions contemplated by the First Lien Documents were consummated in accordance with their respective terms.
First Lien Documents. Borrower will promptly provide Agent with (a) true and complete copies of any and all material documents and other material written information delivered by a Borrower or any of its Subsidiaries pursuant to the terms of the First Lien Documents including, without limitation, copies of all notices relating to proposed amendments, consents, waivers and other modifications to the Senior Loan Documents, and (b) details of any defaults or events of default under the First Lien Credit Agreement, and (c) copies of all notices relating to defaults and events or default under the First Lien Documents.
First Lien Documents. 51.1.1 Prior to the Second Lien Discharge Date, no Obligor or First Lien Lender will modify, or permit any modification to be made to, any provision of any of the First Lien Documents unless (a) Clause 51.1.2 has been complied with and (b) such modification is made in accordance with the First Lien Credit Agreement and the relevant First Lien Document to be modified.
51.1.2 Where any amendment, supplement or modification to the First Lien Document would have any of the following effects:
(A) to increase the aggregate principal amount of the Advances under the First Lien Credit Agreement plus the face amount of any Letter of Credit issued under the First Lien Credit Facility Agreement plus any Available Commitments thereunder to an amount in excess of T (where: T (in US$) = A + F + C + $25 million; A = the Advances under the First Lien Facility Agreement;
First Lien Documents. With respect to that certain Amended and Restated Loan and Security Agreement, dated as of May 3, 2002, as amended, by and among the Debtor, the First Secured Party, the other agent party thereto and the lenders from time to time party thereto (the "Senior Loan Agreement") and the other Loan Instruments (as defined in the Mortgages (as such term is defined in the Senior Loan Agreement)) (together with the First Lien Intercreditor Agreement, collectively, the "First Lien Documents"); Debtor covenants and agrees to give the Secured Parties notice of any uncured default following any applicable grace period by any party under the First Lien Documents within ten (10) days of Debtor becoming aware of such default and promptly to deliver to the Secured Parties a copy of each notice of default and all other notices, amendments, communications, plans, specifications and other statements, responses, similar instruments received or delivered by Debtor relating thereto.
First Lien Documents. (a) Each Credit Party and each Junior Lien Agent, on behalf of itself and the Junior Secured Parties, agrees that it shall not at any time execute or deliver any amendment or other modification to any of the Second Lien Documents or Third Lien Documents inconsistent with or in violation of this Agreement or any First Lien Document.
(b) In the event the First Lien Agent enters into any amendment, waiver or consent in respect of any of the First Lien Security Documents for the purpose of adding to, or deleting from, or waiving or consenting to any departures from any provisions of, any First Lien Security Document or changing in any manner the rights of any parties thereunder, then such amendment, waiver or consent shall apply automatically to any comparable provision of the Comparable Second Lien Security Document or Comparable Third Lien Security Document without the consent of or action by any Junior Secured Party (with all such amendments, waivers and modifications subject to the terms hereof); provided that (other than with respect to amendments, modifications or waivers that secure additional extensions of credit and add additional secured creditors and do not violate the express provisions of the Second Lien Purchase Agreement), (i) no such amendment, waiver or consent shall have the effect of removing assets subject to the Lien of any Second Lien Security Document or Third Lien Security Document, except to the extent that a release of such Lien is permitted by Section 5.2, (ii) any such amendment, waiver or consent that materially and adversely affects the rights of the Junior Secured Parties and does not affect the First Lien Secured Parties in a like or similar manner shall not apply to the Second Lien Security Documents or the Third Lien Security Documents without the consent of the Junior Agents and (iii) notice of such amendment, waiver or consent shall be given to the Junior Agents no later than 30 days after its effectiveness, provided that the failure to give such notice shall not affect the effectiveness and validity thereof.
First Lien Documents. (a) The Loan Parties have the corporate power and authority to incur the First Lien Loans. The First Lien Loans, when incurred, were or will be the legally valid and binding obligations of the Loan Parties, enforceable against the Loan Parties in accordance with their terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability. The Borrower has delivered to Administrative Agent complete and correct copies of the First Lien Loan Documents as in effect on the Closing Date. Subject to the qualifications set forth therein, each of the representations and warranties given by any Loan Party in the First Lien Credit Agreement and the First Lien Loan Documents with respect to security interests is true and correct in all material respects as of the Closing Date (or as of any earlier date to which such representation and warranty specifically relates).
First Lien Documents. EnergySolutions has delivered to Agents complete and correct copies of the First Lien Documents as in effect on the Amendment No. 3
First Lien Documents. (a) The Loan Parties have the corporate power and authority to incur the First Lien Loans. The First Lien Loans, when incurred, will be the legally valid and binding obligations of the Loan Parties, enforceable against the Loan Parties in accordance with their terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.
(b) The Borrower has delivered to Administrative Agent complete and correct copies of the First Lien Documents as in effect on the Effective Date. Subject to the qualifications set forth therein, each of the representations and warranties given by any Loan Party in the First Lien Credit Agreement and the First Lien Documents is true and correct in all material respects as of the Effective Date (or as of any earlier date to which such representation and warranty specifically relates).
First Lien Documents. There shall have been delivered to the Administrative Agent an executed copy of the First Lien Documents to be entered into on the Closing Date.
First Lien Documents. With respect to that certain Amended and Restated Loan and Security Agreement, dated as of ____________, 2002, by and among the Debtor, the First Secured Party, the other agent party thereto and the lenders from time to time party thereto (the "Senior Loan Agreement") and the other Loan Instruments (as defined in the Mortgages (as such term is defined in the Senior Loan Agreement)) (together with the First Lien Intercreditor Agreement, collectively, the "First Lien Documents"); Debtor covenants and agrees to give the Secured Parties notice of any uncured default following any applicable grace period by any party under the First Lien Documents within ten (10) days of Debtor becoming aware of such default and promptly to deliver to the Secured Parties a copy of each notice of default and all other notices, amendments, communications, plans, specifications and other statements, responses, similar instruments received or delivered by Debtor relating thereto.
