Second Lien Commodities Purchase Facility Documents definition
Examples of Second Lien Commodities Purchase Facility Documents in a sentence
No material consent or authorization of, filing with, notice to, or other act by or in respect of, any Governmental Authority or any other Person is required in connection with the execution, delivery, performance, validity or enforceability of this Amendment, or any of Second Lien Commodities Purchase Facility Documents or Tensar Holdings Commodities Purchase Facility Documents, except such as have been made or obtained and are in full force and effect.
The execution, delivery and performance by each Tensar Party party hereto of this Amendment and each of the Second Lien Commodities Purchase Facility Documents and/or Tensar Holdings Commodities Purchase Facility Documents, each as amended and the consummation by Tensar and Tensar Holdings of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or other organizational action of such Person.
Neither Tensar Holdings, Luxco nor any of the Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended or (b) subject to any other federal or state statute that restricts or limits its ability in any material respect to enter into the Lease/Purchase Facilities Documents or the Second Lien Commodities Purchase Facility Documents, or to perform its obligations thereunder.
In the event of any conflict between the provisions of this Agreement and the provisions of the First Lien Lease/Purchase Facilities Documents or the Second Lien Commodities Purchase Facility Documents, the provisions of this Agreement shall govern and control.
Except as otherwise provided herein, the Second Lien Claimholders will be entitled to manage and supervise their respective extensions of credit under the Second Lien Commodities Purchase Facility Documents in accordance with law and as they may otherwise, in their sole discretion, deem appropriate.
Each Tensar Party party hereto has the corporate or other organizational power and authority to execute and deliver this Amendment and to perform its obligations hereunder and under each of the Second Lien Commodities Purchase Facility Documents, as applicable, amended.
Nothing in this Agreement shall affect any right that TCO or the Agent may otherwise have to bring any action or proceeding relating to this Agreement or the other Second Lien Commodities Purchase Facility Documents against either Tensar Holdings or Tensar or their properties in the courts of any jurisdiction.
The execution, delivery and performance by each Tensar Party party hereto of this Amendment and each of the Second Lien Commodities Purchase Facility Documents and/or Luxco Commodities Purchase Facility Documents, each as amended and the consummation by Tensar and Tensar Holdings of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or other organizational action of such Person.