First Out Lender definition

First Out Lender means any Lender, other than the Last Out Term Lenders in their capacity as such, that is owed a First Out Advance.
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First Out Lender means, at any time, any Lender that holds a First-Out Loan at such time.
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First Out Lender means a Lender with a First Out Commitment or an outstanding First Out Term Loan.
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Examples of First Out Lender in a sentence

  • Nothing in this Agreement shall be construed to limit or restrict the Administrative Agent, the First Out Lenders or the other First Out Lender Parties from in any way exercising any rights or remedies arising under the Loan Documents, or any documents or agreements executed by the Borrower or provided for under applicable law, except to the extent otherwise expressly provided in this Agreement.

  • Until such time, all rights, remedies, and privileges with respect to the Advances and the other Obligations may be exercised only by the Administrative Agent on behalf of the First Out Lenders and the other First Out Lender Parties and without any requirement of consent or approval of the Last Out Term Lenders.

  • Notwithstanding any failure by the Administrative Agent or any other Secured Party to perfect its security interests in the Collateral or any avoidance, invalidation or subordination by any third party or court of competent jurisdiction of the security interests in the Collateral, the priority and rights as between the First Out Lender Parties and the Last Out Term Lenders with respect to any proceeds of the Collateral shall be as set forth in this Agreement.

  • This Agreement shall not be construed to create a fiduciary relationship between the Administrative Agent and the First Out Lender Parties, on the one hand, and any Last Out Term Lender, on the other hand.

  • If any First Out Lender Party is required to disgorge any amounts it has received on account of the First Out Obligations and pay any such amount over to any Last Out Term Lender, the Last Out Term Lenders shall immediately reimburse such First Out Lender Party for the amount that such First Out Lender Party was required to disgorge, limited to the amount of distributions received by the Last Out Term Lenders on account of their Last Out Term Advances through the date of such disgorgement.

  • In the event less than all First Out Lenders are Electing First Out Lenders, the Electing First Out Lenders shall be entitled to purchase the Last Out Priority Obligations in accordance with the proportion of the First Out Obligations held by each Electing First Out Lender bears to the First Out Obligations of all Electing First Out Lenders.

  • In the event it becomes necessary for First Out Lender or any Last Out Lender to commence or become a party to any proceeding or action to enforce the provisions of this Agreement, the court or body before which the same shall be tried shall award to the prevailing party all costs and expenses thereof, including reasonable attorneys’ fees, the usual and customary and lawfully recoverable court costs, and all other expenses in connection therewith.

  • Toronto Title: Authorized Signatory by: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as a First Out Lender by: /s/ Xxxx X.

  • The provisions of this Note shall be binding upon Borrower and its successors and assigns, and shall inure to the benefit of First Out Lender and its successors and assigns.

  • Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Loan Parties contained herein, each First Out Lender, severally and not jointly, agrees to make a First Out Term Loan (each, a “First Out Term Loan Advance”) to Borrower on the Closing Date in an aggregate principal amount not to exceed the amount of such Lender’s First Out Term Loan Commitment.


More Definitions of First Out Lender

First Out Lender means any Lender to which any First Out Term Loan is owing.
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First Out Lender means a Lender with an outstanding First Out Term Loan Commitment or an outstanding First Out Term Loan.
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First Out Lender means each “Lender” (or equivalent term) as defined in the Senior Credit Facility.
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First Out Lender means any Lender Party other than the Last Out Lenders in their respective capacities as such.
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First Out Lender means any Lender that has a First Out Pro Rata Share greater than zero; provided that each reference to a First Out Lender shall only be deemed to be made to a Lender in its capacity as having a First Out Commitment, First Out Advance or First Out Pro Rata Share of items pertaining thereto.
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First Out Lender means any Bridge A Lender or Bridge B Lender.
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Related to First Out Lender

  • Project Lender means a commercial bank, savings bank, savings and loan association, credit union or other financial institution that has loaned funds to the Developer to be used for construction of the Redevelopment Project and has secured such loan with a mortgage or security interest in the Redevelopment Project.

  • Holdout Lender has the meaning specified therefor in Section 12.02(b).

  • Subject Lender has the meaning assigned to that term in subsection 2.9.

  • Declining Lender has the meaning specified in Section 2.05(c).

  • Replacement Lender shall have the meaning provided in Section 2.13.

  • Funding Lender means Citibank N.A., a national banking association, and any successor under this Funding Loan Agreement and the Borrower Loan Documents.

  • Delinquent Lender has the meaning provided in SECTION 8.15.

  • Additional Commitment Lender shall have the meaning provided in Section 2.15(c).

  • Departing Lender means each lender under the Existing Credit Agreement that executes and delivers to the Administrative Agent a Departing Lender Signature Page.

  • Consenting Lender has the meaning specified in Section 2.19(b).

  • Purchasing Lender shall have the meaning set forth in Section 16.3(c) hereof.

  • Extending Lender shall have the meaning assigned to such term in Section 2.21(e).

  • Existing Lender were references to all the Lenders immediately prior to the relevant increase;

  • Selling Lender has the meaning specified in Section 11.7 (

  • Lender Participation Notice has the meaning specified in Section 2.05(d)(iii).

  • Non-Extending Lender has the meaning specified in Section 2.18(b).

  • Impacted Lender means a Defaulting Lender or a Lender as to which (a) the Administrative Agent or L/C Issuer has a good faith belief that such Lender has defaulted in fulfilling its obligations under one or more other syndicated credit facilities or (b) an entity that controls such Lender has been deemed insolvent or become the subject of a bankruptcy or insolvency proceeding.

  • Revolving Credit Lender means, at any time, any Lender that has a Revolving Credit Commitment at such time.

  • Assigning Lender means as specified in Section 13.8(b).

  • Exiting Lender see Section 2.17.7.

  • Purchasing Lenders shall have the meaning set forth in Section 9.6(c).

  • Increasing Lender has the meaning specified in Section 2.18(b).

  • New Revolving Lender as defined in Section 2.24.

  • Potential Defaulting Lender means, at any time, (i) any Lender with respect to which an event of the kind referred to in the definition of “Lender Insolvency Event” has occurred and is continuing in respect of any Subsidiary of such Lender, or (ii) any Lender that has notified, or whose Lender Parent or a Subsidiary thereof has notified, the Administrative Agent, the Borrower or any LC Issuing Bank in writing, or has stated publicly, that it does not intend to comply with its funding obligations generally under other loan agreements, credit agreements and other similar agreements, unless such writing or statement states that such position is based on such Lender’s determination that one or more conditions precedent to funding cannot be satisfied (which conditions precedent, together with the applicable default, if any, will be specifically identified in such writing or public statement). Any determination by the Administrative Agent that a Lender is a Potential Defaulting Lender under any of clauses (i) and (ii) above will be conclusive and binding absent manifest error, and such Lender will be deemed a Potential Defaulting Lender (subject to Section 2.19(f) hereof) upon notification of such determination by the Administrative Agent to the Borrower, the LC Issuing Banks and the Lenders.

  • New Revolving Credit Lender has the meaning specified in Section 2.14(a).

  • Affected Lender has the meaning specified therefor in Section 2.13(b) of the Agreement.