Examples of Affiliate Loan Documents in a sentence
Notwithstanding the terms of the Affiliate Loan Documents, the Affiliate shall not, directly or indirectly, take or initiate any Enforcement Action; provided that the Affiliate may file of a proof of claim or similar instrument with respect to the Affiliate Debt in any Insolvency Proceeding or commence or initiate any action required to comply with statutory limitation periods (provided the Senior Agent is promptly notified of such action and such proceeding is immediately stayed).
Subject to Section 3.3 and notwithstanding the terms of the Affiliate Loan Documents, no Debtor (or any Person on its behalf) shall make or shall be entitled to make, and the Affiliate shall not accept and shall not be entitled to accept, any Payment to the Affiliate of any interest, principal, premium or other amount in respect of the Affiliate Debt.
Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender under this Agreement, the Loan Documents, the Affiliate Loan Documents or the Affiliate Credit Agreement, shall serve to diminish the liability of the Borrower under this Agreement and the Loan Documents to which the Borrower is a party except to the extent that the Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
For clarity, the Lender acknowledges that the $15,000 Service Fee covers and applies to the Borrower, Tandem, and each of Tandem’s wholly-owned subsidiaries and that payment of the Service Fee by the borrowers under the Affiliate Loan Documents shall satisfy the requirements of this Section 8.9 so long as such borrowers shall continue to pay the Service Fee.
To the extent permitted by applicable law, Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or in any way connected with this Deed of Trust, the Loan Agreement, either or both Affiliate Notes, any of the other Loan 246 Documents (including, without limitation, the Affiliate Loan Documents) or the Obligations.
Upon repayment in full of the indebtedness evidenced by the Mortgage Loan Documents and the Affiliate Loan Documents, the parties hereto agree to execute, acknowledge and deliver a termination of this Agreement in recordable form.
The Affiliate Notes, the Loan Agreement, this Deed of Trust and the other Loan Documents (including, without limitation, the Affiliate Loan Documents) constitute the entire understanding and agreement between Borrower and Lender with respect to the transactions arising in connection with the Obligations and supersede all prior written or oral understandings and agreements between Borrower and Lender with respect thereto.
Notwithstanding the foregoing, nothing herein shall inhibit or prevent Lender or Trustee from foreclosing or exercising a power of sale pursuant to this Deed of Trust or exercising any other rights and remedies pursuant to the Loan Agreement, the Affiliate Notes, this Deed of Trust and/or the other Loan Documents (including, without limitation, the Affiliate Loan Documents), whether simultaneously with foreclosure proceedings or in any other sequence.
All the covenants, conditions and agreements contained in (a) the Loan Agreement, (b) the Affiliate Notes, and (c) all and any of the other Affiliate Loan Documents, are hereby made a part of this Deed of Trust to the same extent and with the same force as if fully set forth herein.
The rights and remedies of Lender under this Guaranty are cumulative and not exclusive of any rights or remedies which Lender would otherwise have under the Affiliate Loan Documents, at law or in equity.