Secured Notes Agent definition
Examples of Secured Notes Agent in a sentence
Except as otherwise provided in this Agreement, the ABL Agent, the ABL Claimholders, the Junior Secured Notes Agent and the Junior Secured Notes Claimholders will be entitled to manage and supervise their respective loans and extensions of credit under the ABL Loan Documents and the Junior Secured Notes Documents, respectively, in accordance with law and as they may otherwise, in their sole discretion, deem appropriate.
In furtherance of the foregoing, each Grantor hereby grants a security interest in the Pledged Collateral to (x) the Term Agent for the benefit of the ABL Claimholders and the Junior Secured Notes Claimholders, (y) the ABL Agent for the benefit of the Term Claimholders and the Junior Secured Notes Claimholders and (z) the Junior Secured Notes Agent for the benefit of the ABL Claimholders and the Term Claimholders.
The Junior Secured Notes Agent may, but shall not be obligated to, enter into any such amendment, amendment and restatement, supplement, modification, waiver or consent that affects its own rights, duties, liabilities or immunities under this Agreement, any related document or otherwise.
The Initial Junior Secured Notes Agent hereby represents that it is authorized pursuant to the Junior Secured Notes Documents to, and by its signature hereon does, bind the other Junior Secured Notes Claimholders to the terms of this Agreement.
The Senior Secured Notes Agent hereby represents that it is authorized to, and by its signature hereon does, bind the other Senior Secured Notes Claimholders to the terms of this Agreement.
The ABL Agent, the ABL Claimholders, the Term Agent and the Term Claimholders hereby appoint the Junior Secured Notes Agent as their gratuitous bailee for the purposes of perfecting their security interest in all Pledged Collateral in which the Junior Secured Notes Agent has a perfected security interest under the UCC.
The Term Claimholders shall be deemed to have irrevocably appointed the Term Agent, the ABL Claimholders shall be deemed to have irrevocably appointed the ABL Agent and the Junior Secured Notes Claimholders shall be deemed to have irrevocably appointed the Junior Secured Notes Agent, as their respective and exclusive agents hereunder, and to have consented to the execution and delivery of this Agreement thereby on such respective claimholders’ behalf.
Each of the Term Agent, the ABL Agent and the Junior Secured Notes Agent agrees that if it sends any Enforcement Notice to another Agent, it shall send a copy thereof to each of the other Agents.
This Agreement is a product of negotiations among representatives of, and has been reviewed by counsel to, the Term Agent, the Junior Secured Notes Agent, the ABL Agent and the Grantors and is the product of those parties hereto on behalf of themselves and the Term Claimholders (in the case of the Term Agent), the ABL Claimholders (in the case of the ABL Claimholders) and the Junior Secured Notes Claimholders (in the case of the Junior Secured Notes Agent).
The Junior Secured Notes Agent and each agent, custodian and other Person employed by it to act hereunder shall be afforded under this Agreement each of the rights, privileges, protections, immunities and indemnities set forth in the Junior Secured Notes Documents as if such rights, powers, immunities and indemnities were specifically set forth in this Agreement.