Backup Advancing Agent definition
Examples of Backup Advancing Agent in a sentence
If the Backup Advancing Agent fails to make any required Interest Advance by 11:00 a.m. (New York Time) on any Payment Date, then the Backup Advancing Agent shall notify the Trustee via email at [***] no later than 11:00 a.m. (New York Time) on such Payment Date and shall furnish to the Trustee any information requested by the Trustee to determine recoverability of such Interest Advance.
The Backup Advancing Agent and the Trustee will be entitled to conclusively rely on any affirmative determination by the Advancing Agent that an Interest Advance would have been a Nonrecoverable Interest Advance.
Notwithstanding the foregoing, the Note Administrator shall not be deemed to resign or be removed as Note Administrator in the event the Note Administrator is no longer acting as the Backup Advancing Agent.
The Note Administrator shall replace any such successor Advancing Agent (excluding each of the Note Administrator and the Trustee in its capacity as Backup Advancing Agent) upon receiving notice that such successor Advancing Agent’s long-term unsecured debt rating has become lower than “A” by Fitch and “A2” by Moody’s, and whose short-term unsecured debt rating becomes lower than “F1” by Fitch and “P-1” by ▇▇▇▇▇’▇.
Following the termination of the Advancing Agent, the Backup Advancing Agent will be required to make Interest Advances until a successor advancing agent is appointed.