Examples of Second Lien Term Loan Secured Parties in a sentence
Where it is not possible to rely on the alignment of one arm consistent with the known orientation of a barrier, the barrier location is inferred by joining the vertices of ``V’’ pat- terns.
Such license right is granted free of charge, without requirement that any monetary payment whatsoever including, without limitation, any royalty or license fee, be made to the applicable Term Loan Collateral Representative or any First Lien Term Loan Secured Parties or Second Lien Term Loan Secured Parties or any other Person by the ABL Collateral Representative or any ABL Secured Party or any other Person.
The Second Lien Term Loan Agent represents and warrants to the ABL Agent, the First Lien Term Loan Agent and any Additional Term Agent that it has the requisite power and authority under the Second Lien Term Loan Documents to enter into, execute, deliver, and carry out the terms of this Agreement on behalf of itself and the Second Lien Term Loan Secured Parties.
The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of (a) the ABL Secured Parties, as one class and (b) the First Lien Term Loan Secured Parties, the Second Lien Term Loan Secured Parties and any Additional Term Secured Parties, collectively, as another class.
The Second Lien Term Loan Agent, for and on behalf of itself and the Second Lien Term Loan Secured Parties, agrees that no payment by the Second Lien Term Loan Agent or any Second Lien Term Loan Secured Party to the ABL Agent or any ABL Secured Party pursuant to the provisions of this Agreement shall entitle the Second Lien Term Loan Agent or any Second Lien Term Loan Secured Party to exercise any rights of subrogation in respect thereof until the Discharge of ABL Obligations shall have occurred.
Any and all rights not herein expressly given to the Indenture Trustee are expressly reserved to the Second Lien Term Loan Administrative Agent and the other Second Lien Term Loan Secured Parties, it being understood that in the absence of a requirement to provide equal and ratable security set forth in the Senior Note Documents, this Agreement would not have been accepted by any of the Second Lien Term Loan Secured Parties.
As among the First Lien Term Loan Secured Parties and the Second Lien Term Loan Secured Parties, nothing herein is intended to alter their relative rights and obligations, which shall continue to be governed by the 1L/2L Intercreditor Agreement, or to require that such rights and obligations be treated as a single class in any Insolvency or Liquidation Proceeding.
Except as expressly provided herein or in the Second Lien Term Loan Collateral Documents, Bank of America is acting in the capacities of Administrative Agent and Second Lien Term Loan Agent solely for the Second Lien Term Loan Secured Parties.
BANK OF AMERICA, N.A., as Collateral Agent By: Name: Title: By: Name: Title: BANK OF AMERICA, N.A., as Authorized Representative for the Second Lien Term Loan Secured Parties By: Name: Title: [ ], as Additional Pari Term Loan Debt Agent By: Name: Title: [ ], as Initial Additional Authorized Representative By: Name: Title: XX-XXX STORES, LLC By: Name: Title: NEEDLING HOLDINGS LLC By: Name: Title: [GRANTORS] By: Name: Title: ANNEX I Grantors ANNEX II [FORM OF] JOINDER NO.
The Second Lien Term Loan Documents are valid and enforceable by each of the Second Lien Term Loan Secured Parties and the Second Lien Agent, as applicable, for the benefit of the Second Lien Term Loan Secured Parties against each of the applicable Debtors.