Released Borrower definition
Examples of Released Borrower in a sentence
Pursuant to that certain Consent Agreement dated January 14, 2021, by and among ▇▇▇▇▇▇▇▇, Lender, and Released Borrower, Released Borrower was released by Lender from its Obligations under the Business Financing Agreement and the other Loan Documents.
Released Borrower has been released by Lender from certain obligations under the Note and Original Loan Agreement pursuant to the Amendment.
The Administrative Agent hereby releases, on behalf of itself and the Lenders, the Released Borrower from all Obligations under the Credit Agreement, the Notes and any other Loan Documents, such release including, without limitation, any pledge of the Equity Interests of the Released Borrower pursuant to the Security Agreement; provided that such release shall be without any recourse, representation, or warranty whatsoever.
On the occurrence of such event, the Lender will have the right to unilaterally reinstate the obligations of the Borrower under the Loan Documents and abrogate the release of the Released Borrower Parties by service of written notice to the Borrower.
The release accorded to the Released Borrower Parties by paragraph 2 of this Agreement will be void ab initio and will be of no force or effect if any one or more of the events described in paragraphs 4.1 through 4.3 of this Agreement occurs.
The parties acknowledge and agree that notwithstanding the release of the Released Borrower Parties contemplated by this Agreement, all of the Loan Documents will remain in full force and effect.
Consequently, except as provided in this Agreement, all references to “Borrowers” or “ Borrower” in the Existing IRG Debt Instruments and applicable ancillary documents shall exclude the Released Borrower, and the Released Borrower shall no longer be a borrower for any purpose under the Existing IRG Debt Instruments.
Exhibit A of the Master Agreement is hereby amended to remove the Released Borrower as a Borrower under the Master Agreement.
Administrative Agent hereby confirms the release of the Released Borrowers from their obligations under the Loan Documents, excepting, however, any obligations of any Released Borrower under the Hazardous Materials Indemnity Agreement, originally executed by, or joined in by, Borrowers in connection with the Loan.
The release of Released Borrower shall constitute an absolute bar to any Released Lender Claims of any kind, whether such claim is based on contract, tort, warranty, mistake, or any other theory, whether legal, statutory or equitable.