FCB Debt definition

FCB Debt means any and all present and future indebtedness, liabilities and obligations, whether matured or unmatured, contingent or absolute, direct or indirect, now or hereafter existing, due or to become due by Company to FCB as may be evidenced by the Second Lien Loan Documents or any other documents, instruments or agreements now or hereafter executed and delivered by Company with, to or in favor of FCB.
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Examples of FCB Debt in a sentence

  • Gemino shall not in any event be liable for: (a) any failure to prove the FCB Debt; (b) any failure to exercise any rights with respect thereto; (c) any failure to collect any sums payable thereon; or (d) any impairment or nonpayment of the FCB Debt that results, directly or indirectly, from the exercise by Gemino of any of its rights or remedies under this Agreement, the Gemino Credit Agreement, the other Gemino Loan Documents or under Applicable Law.

  • The provisions of this Section 6(d) are intended solely to govern the respective Lien priorities as between the holders of Gemino Debt and the holders of FCB Debt and shall not impose on any such Person any obligations in respect of the disposition of proceeds of any Collateral which would conflict with prior perfected claims therein in favor of any other Person or any applicable order or decree of any court or governmental authority or any Applicable Law.

  • As between Gemino, on the one hand, and FCB, on the other hand, the terms of this Agreement shall govern and control even if part or all of the FCB Debt or Gemino Debt, as the case may be, or the respective Liens securing payment, observance and performance thereof are avoided, disallowed, set aside or otherwise invalidated in any Proceeding or otherwise.

  • Without limiting any other provision of this Agreement, FCB hereby covenants and agrees that, until such time as this Agreement is terminated as provided herein, FCB will not assert any right, directly or indirectly, of setoff or recoupment against the FCB Debt.

  • If FCB shall attempt to enforce, collect or realize upon any FCB Debt or any collateral, security or guarantees (if any) securing the FCB Debt in violation of this Agreement, Company may, by virtue of this Agreement, restrain any such enforcement, collection or realization, or upon failure to do so Gemino may restrain such enforcement, collection or realization, either in its own name or in the name of Company.

Related to FCB Debt

  • Indebtedness means, with respect to any Person, without duplication:

  • Refinanced Indebtedness shall have the meaning provided in the definition of the term “Permitted Refinancing Indebtedness”.

  • Company Indebtedness means any obligations and liabilities created, issued or incurred by the Purchased Entities for borrowed money, including without limitation, bank loans, notes payable, capital lease obligations, guarantees of indebtedness for borrowed money of others, and all principal, interest, fees, prepayment penalties or other amounts due or owing with respect thereto.

  • Payoff Indebtedness means Indebtedness of the types set forth in subsections (a) and (b) of the definition of Indebtedness.

  • Second Lien Debt means the Indebtedness and guarantees thereof now or hereafter incurred pursuant to the Second Lien Loan Documents.