Examples of Affiliate Loan Documents in a sentence
Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender under this Agreement, the Loan Documents, the Affiliate Loan Documents or the Affiliate Credit Agreement, shall serve to diminish the liability of the Borrower under this Agreement and the Loan Documents to which the Borrower is a party except to the extent that the Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Notwithstanding the terms of the Affiliate Loan Documents, the Affiliate shall not, directly or indirectly, take or initiate any Enforcement Action; provided that the Affiliate may file of a proof of claim or similar instrument with respect to the Affiliate Debt in any Insolvency Proceeding or commence or initiate any action required to comply with statutory limitation periods (provided the Senior Agent is promptly notified of such action and such proceeding is immediately stayed).
In the event of any inconsistency between this Agreement, on the one hand, and the Affiliate Loan Documents and/or the Mortgage Loan Documents, on the other hand, then it is expressly understood and agreed that, as among the Agent, the Holding Company Lenders, the Mortgage Lender and the Mortgage Borrower, the terms and provisions of this Agreement shall govern and prevail.
At the option of Lender and with or without demand or notice, all or any part of Pledgor's Obligations hereunder shall become due and payable immediately upon the occurrence and during the continuance of an Event of Default, as such term is defined in this Pledge or any of the Affiliate Loan Documents.
All such costs and expenses incurred by Lender together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the Debt and to be secured by this Deed of Trust and the other Loan Documents (including, without limitation, the Affiliate Loan Documents) and shall be immediately due and payable upon demand by Lender therefor.
For clarity, the Lender acknowledges that the $15,000 Service Fee covers and applies to the Borrower, Tandem, and each of Tandem’s wholly-owned subsidiaries and that payment of the Service Fee by the borrowers under the Affiliate Loan Documents shall satisfy the requirements of this Section 8.9 so long as such borrowers shall continue to pay the Service Fee.
The rights and remedies of Lender under this Guaranty are cumulative and not exclusive of any rights or remedies which Lender would otherwise have under the Affiliate Loan Documents, at law or in equity.
The terms of each of the PNC Term Loan Documents and Affiliate Loan Documents shall be satisfactory to the Administrative Agent and the Lenders, and the Borrower shall have delivered copies of each of the PNC Term Loan Documents and Affiliate Loan Documents to the Administrative Agent, certified by a Responsible Officer of the Borrower as being true, correct and complete.
To the extent permitted by applicable law, Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or in any way connected with this Deed of Trust, the Loan Agreement, either or both Affiliate Notes, any of the other Loan 246 Documents (including, without limitation, the Affiliate Loan Documents) or the Obligations.
No failure or delay by the Lender in one or more instances to require strict performance by the Guarantor of any of the provisions hereof or to exercise any powers, rights or remedies available to it under the provisions of this Guaranty, the Affiliate Loan Documents or applicable laws shall operate as a waiver thereof or preclude the Lender at any later time or times from demanding strict performance thereof or exercising any such powers, rights or remedies.