Examples of First Out Lenders in a sentence
The First Out Lenders shall have the right to exclude the Last Out Term Lenders from any meeting of First Out Lenders for any reason.
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 the First Out Final Payment Date, upon the occurrence and during the continuance of an Event of Default, the Administrative Agent and the First Out Lenders may take and continue any Enforcement Action with respect to the First Out Obligations and the Collateral in such order and manner as they may determine in their sole and absolute discretion.
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.
The Required First Out Lenders shall be permitted, at their election, to make a credit bid of all or a portion of the Obligations owed to the First Out Lenders.
The Final DIP Order established a challenge period (the “ Challenge Period”) of 60 days after the appointment of the Committee for all parties in interest with standing to bring, among other claims, challenges relating to the Pre-Petition ABL Credit Agreement, the obligations thereunder, or any other claims or causes of action against the ABL Agent or the First Out Lenders.
All Plan Exhibits are in form and substance reasonably satisfactory to the Debtors, the SCP Secured Parties, the Creditors’ Committee and, solely to the extent related to the Dispute, the DIP Facility Claims (including the Contingent Indemnification Claims) or the SCP Adversary Proceeding, the Pre-Petition ABL Agent, the First Out Lenders, General Retail Holdings L.P. and General Retail Funding LLC.
After that time, the First Out Lenders could impose discretionary reserves and change the method of calculating the3 See Schedule 13-D, filed by Standard General L.P. on September 26, 2014.4 Id. borrowing base.
In this instance, two clarifications are necessary to ensure that any potential set-off would be fair to Non-Settling Party Standard General.8. First, in paragraph 17, the Settlement provides for certain reduction in judgments related to Barred Claims if the First Out Lenders or the Agent would have been liable to the Non-Settling Parties absent the Bar Order.
At that time, the First Out Lenders argued that Standard General’s credit bid for RadioShack’s most valuable assets should not be approved because the sale would result in the Debtors transferring to Standard General most of the collateral for the First Out Lenders’ purported indemnification rights under the ABL and DIP Credit Agreements.