Term Creditors definition
Examples of Term Creditors in a sentence
If either the Term Collateral Agent or any Term Creditors shall, at any time prior to the Discharge of ABL Obligations, receive any proceeds of any such insurance policy or any such award or payment in contravention of this Agreement, it shall pay such proceeds over to the ABL Collateral Agent.
Nothing in this Agreement shall impair, as between the Borrower and the ABL Collateral Agent and the ABL Creditors or the Borrower and the Term Collateral Agent and the Term Creditors, the obligations of the Borrower to pay principal, interest, fees and other amounts as provided in the ABL Loan Documents and the Term Loan Documents, respectively.
The ABL Collateral Agent, on behalf of itself and the ABL Creditors, and each other ABL Creditor (by its acceptance of the benefits of the ABL Loan Documents), each agree that the Term Creditors and the Term Collateral Agent have no duty, express or implied, fiduciary or otherwise, to any of them in respect of the maintenance or preservation of the Term Priority Collateral, the Term Obligations or otherwise.
The ABL Collateral Agent is hereby authorized to make any such endorsements as agent for any of the Term Collateral Agent or any such Term Creditors.
The Term Collateral Agent, on behalf of itself and the Term Creditors and each other Term Creditor (by its acceptance of the benefits of the Term Loan Documents), each agree that the ABL Creditors and the ABL Collateral Agent have no duty, express or implied, fiduciary or otherwise, to any of them in respect of the maintenance or preservation of the ABL Priority Collateral, the ABL Obligations or otherwise.
The Term Collateral Agent, on behalf of itself and the Term Creditors, and each other Term Creditor (by its acceptance of the benefits of the Term Loan Documents) agree that it will not take or receive any ABL Priority Collateral or any proceeds of ABL Priority Collateral in connection with the exercise of any right or remedy (including, without limitation; setoff) with respect to any ABL Priority Collateral, unless and until the Discharge of ABL Obligations has occurred.
The Term Collateral Agent and the Term Creditors shall have no duty to the ABL Collateral Agent or any of the ABL Creditors, to act or refrain from acting in a manner which allows, or results in, the occurrence or continuance of an event of default or default under any agreements with the Borrower or any Grantor (including the ABL Loan Documents and the Term Loan Documents), regardless of any knowledge thereof which they may have or be charged with.
ABL Collateral Agent, on behalf of itself and the ABL Creditors under the ABL Loan Documents, acknowledge and agree that each of the Term Collateral Agent and the Term Creditors have made no express or implied representation or warranty, including with respect to the execution, validity, legality, completeness, collectibility or enforceability of any of the Term Loan Documents, the ownership of any Collateral or the perfection or priority of any Liens thereon.
In exercising rights and remedies with respect to the Term Priority Collateral, the Term Collateral Agent and the Term Creditors may enforce the provisions of the Term Loan Documents and exercise rights and remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion.
The Term Creditors will be entitled to manage and supervise their respective loans and extensions of credit under the Term Loan Documents in accordance with law and as they may otherwise, in their sole discretion, deem appropriate.