Examples of GMAC Facility in a sentence
GMAC Borrowers and GMAC Guarantors may also, in the future, grant security interests in the Note Collateral (as such term is hereinafter defined) to GMAC Facility Agent.
GMAC COMMERCIAL FINANCE LLC, as GMAC Facility Agent By: /s/ Fxxxx XxXxxxxx Name: Fxxxx XxXxxxxx Title: Director THE BANK OF NEW YORK, not in its individual capacity, but solely as Trustee and Note Agent By: /s/ Gxxxxxxx Xxxxxx Name: Gxxxxxxx Xxxxxx Title: Vice President Each of the undersigned hereby acknowledges and agrees to the foregoing terms and provisions.
Any amendment of this Intercreditor Agreement must be in writing and signed by GMAC Facility Agent and Note Agent.
Note Agent hereby acknowledges that GMAC Facility Agent, for the benefit of the GMAC Facility Lenders, (a) has been granted Liens upon all of the Working Capital Collateral pursuant to the GMAC Facility Loan Documents to secure the GMAC Facility Debt and (b) may, at the option of one or more Obligors, be granted Liens upon the Note Collateral pursuant to the GMAC Facility Loan Documents to secure the GMAC Facility Debt.
The relative rights of GMAC Facility Agent and the GMAC Facility Lenders, on the one hand, and Note Agent and the Noteholders, on the other hand, in or to any distributions from or in respect of any Collateral or proceeds of Collateral, shall continue after the filing thereof on the same basis as prior to the date of the petition, subject to any court order approving the financing of, or use of cash collateral by, the Obligors, or any of them, as debtor(s)-in-possession.
Such Note Agent Notice to GMAC Facility Agent shall be irrevocable.
After Noteholders have received final payment in full of all of the Note Debt, Note Agent shall (to the extent that GMAC Facility Agent has a Lien therein) deliver the remainder of the Collateral, if any, in its possession to GMAC Facility Agent, except as may otherwise be required by applicable law or court order.
This Intercreditor Agreement is a continuing agreement and shall remain in full force and effect until the payment in full of the GMAC Facility Debt and Note Debt and the irrevocable termination of the respective Agreements.
After GMAC Facility Lenders have received final payment in full of all of the GMAC Facility Debt and the GMAC Facility Loan Documents have been irrevocably terminated, GMAC Facility Agent shall deliver the remainder of the Collateral, if any, in its possession to Note Agent, except as may otherwise be required by applicable law or court order.