Senior Facility Agent definition

Senior Facility Agent means The Bank of Nova Scotia, not in its individual capacity, but solely as Senior Facility Agent for the Loans and Letters of Credit hereunder, and each other Person that may, from time to time, be appointed as successor Senior Facility Agent pursuant to Section 10.06 (Resignation or Removal of Senior Facility Agent).

Senior Facility Agent means the Facility Agent under the Senior Facilities Agreement.

Senior Facility Agent has the meaning assigned to such term in the recitals of this Agreement.

Examples of Senior Facility Agent in a sentence

• The Senior Creditors shall not, except with the prior written consent of the Super Senior Facility Agent, be subrogated to or entitled to exercise any right of any Super Senior Creditor or guarantee under any Super Senior Facility Document.

• Each Senior Creditor shall, at its own expense, take whatever action the Super Senior Facility Agent may require to give effect to this Clause 6.

• The Super Senior Facility Agent shall promptly notify the Bonds Agent and any New Senior Creditors of the occurrence of the Final Discharge Date under the Super Senior Facility Documents or Hedging Agreements.

• If the Super Senior Facility Agent or any Super Senior Creditor receives any distribution otherwise than in cash in respect of any Super Senior Debt, such distribution will not be applied pursuant to Clause 7.1 (Order of Application) and reduce the relevant Super Senior Debt until cash proceeds from realisation of such distribution have been received and applied in accordance with Clause 7.1 (Order of Application).

• In the event that the Disbursing Agent should at any time be confronted with inconsistent claims or demands by any of the parties hereto, the Senior Facility Agent, the Mezz Facility Agent, the New Senior Facility Agent, the New Junior Facility Agent, the Security Trustee or the Holders, or any transferee, assignee, heir, representative or legatee thereof, the Disbursing Agent shall be entitled, at its sole election, to refuse to comply with any such conflicting claims or demands.

More Definitions of Senior Facility Agent

Senior Facility Agent means Amsterdam Trade Bank N.V., acting in its capacity as such under the Senior Facility Agreement through its office at World Trade Center, Tower 0, Xxxxx 0, Xxxxxxxxxxxxx 0000, Xxxxxxxxx 0000 XX, Xxxxxxxxxxx (or any successor thereof);

Senior Facility Agent has the meaning set forth in the definition of “Senior Facility Agreement.”

Senior Facility Agent in Section 1.01 of the Indenture is hereby amended and restated in its entirety as follows:

Senior Facility Agent means ABN AMRO Bank N.V. in its capacity as agent for the Banks under the Commercial Banks Facility Agreement (and any duly appointed successor agent of the Banks in such capacity);

Senior Facility Agent and the Facility Agent under the Mezzanine Credit Agreement (the “Mezz Facility Agent”) to deliver to the Disbursing Agent and Almatis B.V. lists (in the format agreed between the Disbursing Agent and the Senior Facility Agent and/or Mezz Facility Agent, as applicable), which shall include the following information for each Holder of a Senior Lender Claim, a Second Lien Claim and a Mezzanine Claim (as appropriate and to the extent held by the Senior Facility Agent and/or the Mezz Facility Agent (as applicable)) as of the Distribution Record Date: (i) name and contact address, [(ii) tax identification number,] and (iii) aggregate principal amount of Claims outstanding for each of Classes 2(a)-(k), 3(a)-(k) and 4(a)-(k), and promptly following receipt thereof but in any event no later than three (3) Business Days after receipt, the Debtors will deliver to the Senior Facility Agent, the Mezz Facility Agent and the Disbursing Agent (with copies to the New Senior Agent and New Junior Facility Agent) an update of such lists to indicate the amount of such outstanding Senior Lender Claims, Second Lien Claims and Mezzanine Claims set forth in clause (iii) that constitute Allowed Claims that are Non-Restructured Lender Claims and the aggregate amount of Claims set forth in clause (iv) that are Non-Restructured Lender Claims, certified by the Debtors (collectively, the “Claims List”). Notwithstanding anything in this Agreement or the Final Plan Documents, the Disbursing Agent shall be entitled to rely upon the Claims List as the definitive list of Holders of Senior Lender Claims, Second Lien Claims, and Mezzanine Claims as of the Distribution Record Date in making the Cash Distributions and otherwise acting or refraining from acting under this Agreement without any obligation to make any independent investigation as to the accuracy or reliability of such Claims List. In accordance with Section 8.16 of the Plan, a Claim shall be reduced and disallowed to the extent that the Holder of such Claim receives payment in full on account of such Claim from a party that is not a Debtor or the Disbursing Agent. [In such a case, other than in connection with an assignment or other transfer of a Claim, the Debtors will cause the Senior Facility Agent and the Mezz Facility Agent to deliver to the Disbursing Agent an amended and restated Claims List to reflect reduction and disallowance of such Holder’s Allowed Claim.] In accordance with the Final Plan Documents, with respect to an...

Senior Facility Agent has the meaning set forth in the preamble.

Senior Facility Agent has the meaning set forth in the preamble to the Loan Agreement.