Examples of Term Creditors in a sentence
Term Collateral Agent, on behalf of itself and the Term Creditors under the Term Loan Documents, acknowledge and agree that each of the ABL Collateral Agent and the ABL 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 ABL Documents, the ownership of any Collateral or the perfection or priority of any Liens thereon.
Except as otherwise set forth in this Agreement, the ABL Collateral Agent, the ABL Creditors, the Term Collateral Agent and the Term Creditors may exercise rights and remedies as unsecured creditors against Holdings, Borrower or any Grantor that has guaranteed (x) the ABL Obligations in accordance with the terms of the ABL Loan Documents and applicable law and/or (y) the Term Obligations in accordance with the terms of the Term Loan Documents and applicable law.
This Agreement and the rights and benefits hereof shall inure to the benefit of each of the parties hereto and its respective successors and assigns and shall inure to the benefit of each of the ABL Creditors and the Term Creditors.
Any amounts received by the ABL Collateral Agent or any ABL Creditor on account of the ABL Obligations from proceeds of Term Priority Collateral, after the termination of this Agreement (or any prior Discharge of Term Obligations) shall, in the event of a reinstatement pursuant to this Section 6.5(b), be held in trust for and paid over to the Term Collateral Agent for the benefit of the Term Creditors, for application to the reinstated Term Obligations.
This Agreement shall be binding upon the ABL Collateral Agent, the ABL Creditors, the Term Collateral Agent, the Term Creditors and their respective successors and assigns, including without limitation any successor or assign to all or a portion of the duties of any Collateral Agent (or any sub-agent or sub-collateral agent appointed by it).
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 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 Documents) and 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 Document), hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement.
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.
If any Term Creditor is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the Borrower or any other Grantor any amount (a “Term Recovery”), then the Term Obligations shall be reinstated to the extent of such Term Recovery and the Term Creditors shall be entitled to a reinstatement of Term Obligations with respect to all such recovered amounts.
Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Term Collateral Agent or the Term Creditors may have with respect to the Term Priority Collateral.