Super Entities definition
Examples of Super Entities in a sentence
Each of the Lender Parties hereby consents to, and waives any default under the Loan Documents and/or the Extension Agreement, any Event of Default and any Trigger Event that may arise as a result of the execution and delivery of the documents contemplated by clauses (ii), (iii), (iv), (v), (vi) and (vii) of this paragraph (the “Other December Agreements”) by the applicable Centro Entities and/or Super Entities party thereto and the consummation of the transactions contemplated thereby.
From and after the date hereof, for purposes of the Extension Agreement, the term “Subsequent Budget” shall mean the operating budget with respect to the Super Entities covering the period from October 1, 2008 through and including December 31, 2008 which (i) has been prepared in a manner consistent with historical practices, (ii) has been approved by the Administrative Agent and the other Lender Parties, and (iii) is attached hereto as Exhibit A.
Each of the Super Entities and the Guarantors and their respective advisors shall involve the Lender Parties and their financial advisor and legal advisors in the restructuring efforts of the Group, including, but not limited to, the evaluation and review process of any bids regarding the sale of assets or broader equity recapitalization efforts.
The Borrower shall not, and shall not permit or suffer any other Super Entity to, without the prior written consent of the Required Lenders, enter into any amendment, restatement, supplement or other modification of any of the Other Bank Facility Documents to which the Borrower or such Super Entity is a party if such amendment, restatement, supplement or other modification is adverse to any of the Administrative Agent, the Lenders, the Super Entities, any Property (BofA Revolver) or any Mortgage.
The Borrower further acknowledges and agrees that it shall cause the Super Entities to comply with the terms of the Security Instruments and such Payment Guarantees, and that any material failure to perform or breach of its obligations thereunder, or any repudiation of any Loan Document, shall constitute an Event of Default.
To Super’s and the Borrower’s Actual Knowledge, (i) the Approved Budget is reasonable and attainable and is based on the good faith estimates and assumptions of the Super Entities; and (ii) there are no statements or conclusions in the Approved Budget which are based upon or include information known to Super or the Borrower to be misleading in any material respect or which fail to take into account material information regarding the matters reported therein.
Each of the Lender Parties hereby consents to, and waives any default under the Loan Documents and/or the Extension Agreement, any Event of Default and any Trigger Event that may arise as a result of the execution and delivery of the documents contemplated by clauses (b), (c), (d), (e), (f) and (g) of this paragraph (the “Other September 26 Agreements”) by the applicable Centro Entities and/or Super Entities party thereto and the consummation of the transactions contemplated thereby.
The Lender Parties hereby agree that the execution and delivery by the Bridge Lenders, KeyBank, the Australian Bank/Noteholder Group Lenders and the applicable Centro Entities and/or Super Entities of the Other May 30 Agreements and/or the Australian Bank/Noteholder May 30 Documents shall not constitute a Trigger Event under Section 3(b) of the Initial Extension Agreement or any other provision of the Extension Agreement.