Applicable Pledgor definition
Examples of Applicable Pledgor in a sentence
The rights and remedies herein are cumulative and are not exclusive of any other rights or remedies provided by law or in equity (whether now existing or hereafter arising) or which the Members, Applicable Pledgor, Sponsor Partner, CIP Partner, the Borrower, the Collateral Agent, the Administrative Agent or any Secured Party would otherwise have.
The terms of this Agreement may be amended, supplemented, waived or otherwise modified only by an instrument in writing duly executed by each Member, Applicable Pledgor, Sponsor Partner, CIP Partner, the Borrower, the Administrative Agent and the Collateral Agent acting at the direction of the Administrative Agent (it being understood and agreed that the Administrative Agent shall act in accordance with Section 10.02 of the Credit Agreement).
If requested by Applicable Pledgor, Sponsor Partner, CIP Partner or any Member, the Administrative Agent shall execute and deliver an instrument that confirms such termination.
Each Member, Applicable Pledgor, Sponsor Partner and CIP Partner hereby irrevocably waives, to the extent it may do so under Applicable Law, any protection it may be entitled to under Sections 365(c)(1), 365(c)(2) and 365(e)(2) of the Bankruptcy Code, in the event of any voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding or case with respect to the Borrower (a “Borrower Bankruptcy”).
The Applicable Pledgor shall enter into a Securities Account Control Agreement or Commodity Account Control Agreement with the applicable Bank or financial institution with respect to each such Securities Account (other than any Excluded Account) or Commodity Account (other than any Excluded Account) within 30 days of the date hereof (or such longer period as may be agreed to by the Administrative Agent in its discretion).
Upon effectuation of such Foreclosure Transaction or other remedy, Applicable Pledgor, Sponsor Partner, CIP Partner and each Member irrevocably agrees that such applicable Secured Party or successor, transferee or other designee, as applicable, shall be entitled to all of the Borrower’s rights, benefits and privileges under this Agreement.
Any such amendment or waiver shall be binding upon the Administrative Agent, the Collateral Agent, each Secured Party, the Borrower, Applicable Pledgor, Sponsor Partner, CIP Partner and each Member.