FIRST LIEN AGENT Sample Clauses

FIRST LIEN AGENT. BAY COAST BANK, for itself as First Lien Agent and as Collateral Agent for the First Lien Lenders By: Name: Title: TMI TRUST COMPANY, as Collateral Agent under the Indenture, for itself and the other Second Lien Creditors By: Name: Title: Each of the undersigned hereby acknowledges and agrees to the foregoing terms and provisions. By its signature below, each of the undersigned agrees that it will, together with its successors and assigns, be bound by the provisions hereof. Each of the undersigned agrees that any Creditor holding or otherwise controlling Collateral (the “Controlling Creditor”) does so as bailee (under the UCC) for and on behalf of the other Creditors which have a Lien on such Collateral, and each Controlling Creditor is hereby authorized to and may turn over to Second Lien Agent (if First Lien Agent or any First Lien Lender is the Controlling Creditor) or to First Lien Agent (if Second Lien Agent or any Second Lien Creditor is the Controlling Creditor) any such Collateral upon request therefore, after all obligations and indebtedness of the undersigned to such Controlling Creditor shall have been fully paid and performed. Each of the undersigned acknowledges and agrees that (i) although it may sign this Intercreditor Agreement it is not a party hereto and does not and will not receive any right, benefit, priority or interest under or because of the existence of the foregoing Intercreditor Agreement (except for a consent which is deemed to have been given by the Second Lien Creditors under Section 2.9), and (ii) it will execute and deliver such additional documents and take such additional action as may be necessary or desirable in the reasonable opinion of any of the Creditors to effectuate the provisions and purposes of the foregoing Intercreditor Agreement. CURO GROUP HOLDINGS CORP. A SPEEDY CASH CAR TITLE LOANS, LLC ADVANCE GROUP, INC. ATTAIN FINANCE, LLC AVIO CREDIT, INC. CASH COLORADO, LLC CONCORD FINANCE, INC. ENNOBLE FINANCE, LLC EVERGREEN FINANCIAL INVESTMENTS, INC. FMMR INVESTMENTS, INC. GALT VENTURES, LLC PRINCIPAL INVESTMENTS, INC. SCIL TEXAS, LLC SC AURUM, LLC SCIL, INC. SPEEDY CASH SPEEDY CASH ILLINOIS, INC. SC TEXAS MB, INC. THE MONEY STORE, ▇.▇. ▇▇▇▇ MANAGEMENT LLC ▇▇▇▇ CAR TITLE, INC. ▇▇▇▇ FINANCIAL, INC. By: Name: Title: This SUPPLEMENT TO THE INTERCREDITOR AGREEMENT (this “Supplement”) is made on , 20 by and among: (i) CURO Financial Technologies Corp. (the “Issuer”), (ii) [ ] (the “Obligors”) and (iii) [ ] (the “Pari Pas...
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FIRST LIEN AGENT. Notwithstanding anything contained herein to the contrary, upon the satisfaction in full of the obligations under the Third Amended Credit Agreement, the First Lien Agent shall have no more rights or obligations in respect of this Agreement and the other Loan Documents, except as may be specifically provided for herein or in the Intercreditor and Subordination Agreements, the Collateral Agent shall act as successor therefor, and all references herein to the “First Lien Agent” shall be deemed to be referenced to the “Collateral Agent”; provided, however, that the First Lien Collateral Agent shall continue to act as subagent for the Collateral Agent in respect of the Collateral to the extent provided for in the Intercreditor and Subordination Agreements.
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FIRST LIEN AGENT. In acting hereunder, the First Lien Agent shall have the benefits of the rights, protections and immunities granted to it in the First Lien Credit Agreement, all of which are incorporated by reference herein, mutatis mutandis. In no event shall the First Lien Agent be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the First Lien Agent has been advised of the likelihood of such loss or damage and regardless of the form of action. In no event shall the First Lien Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the First Lien Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.
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FIRST LIEN AGENT the Borrower and the other Obligors have entered into the First Lien Credit Agreement (as hereinafter defined).
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FIRST LIEN AGENT. Notwithstanding anything contained herein to the contrary, (a) upon the satisfaction in full of the obligations under the First Lien Credit Agreement, the First Lien Agent shall have no more rights or obligations in respect of this Agreement and the other Loan Documents, except as may be specifically provided for herein or in the Intercreditor and Subordination Agreements, the Second Lien Collateral Agent shall act as successor therefor, and all references herein to the “First Lien Agent” shall be deemed to be referenced to the “Second Lien Collateral Agent” and (b) upon the satisfaction in full of the obligations under the First Lien Credit Agreement and the Second Lien Credit Agreement, the Second Lien Agent shall have no more rights or obligations in respect of this Agreement and the other Loan Documents, except as may be specifically provided for herein or in the Third Lien Intercreditor and Subordination Agreement, the Collateral Agent shall act as successor therefor, and all references herein to the “First Lien Agent” shall be deemed to be referenced to the “Collateral Agent”; provided, however, that the First Lien Collateral Agent and the Second Lien Collateral Agent, as applicable, shall continue to act as subagent for the Second Lien Collateral Agent and the Collateral Agent, as applicable, to the extent provided for in the Third Lien Intercreditor and Subordination Agreement.
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FIRST LIEN AGENT. GENERAL ELECTRIC CAPITAL CORPORATION, as First Lien Agent By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Its Duly Authorized Signatory THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Second Lien Agent By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President Each of the undersigned hereby acknowledges and agrees to the foregoing terms and provisions.
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FIRST LIEN AGENT. BANK OF AMERICA, N.A., as First Lien Agent By: /s/ D▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President GUGGENHEIM CORPORATE FUNDING, LLC, as Second Lien Agent By: /s/ W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Attorney-in-Fact Each of the undersigned hereby acknowledges and agrees to the foregoing terms and provisions. LOWER LAKES TOWING LTD., a Canadian corporation By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Vice President, Assistant Treasurer and Assistant Secretary LOWER LAKES TRANSPORTATION COMPANY, a Delaware corporation By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Vice President, Assistant Treasurer and Assistant Secretary GRAND RIVER NAVIGATION COMPANY, INC., a Delaware corporation By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Vice President, Assistant Treasurer and Assistant Secretary BLACK CREEK SHIPPING COMPANY, INC., a Delaware corporation By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Chief Financial Officer, Vice President, Secretary and Treasurer
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Related to FIRST LIEN AGENT

  • Collateral Trustee (a) The Collateral Trustee will hold (directly or through co-trustees or agents) and, subject to the terms of the Intercreditor Agreement, will be entitled to enforce all Liens on the Collateral created by the Security Documents. (b) Except as provided in the Collateral Trust Agreement or as directed by an Act of Parity Lien Debtholders in accordance with the Collateral Trust Agreement, the Collateral Trustee will not be obligated: (i) to act upon directions purported to be delivered to it by any Person; (ii) to foreclose upon or otherwise enforce any Lien; or (iii) to take any other action whatsoever with regard to any or all of the Security Documents, the Liens created thereby or the Collateral. The Company will deliver to each Parity Lien Representative copies of all Security Documents delivered to the Collateral Trustee. (c) By accepting a Security, each Holder is deemed to authorize the Collateral Trustee to release or subordinate any Collateral that is permitted to be sold, reclassified or released or be subject to a Priority Lien pursuant to the terms of this Indenture and the Security Documents. By accepting a Security, each Holder is deemed to authorize the Collateral Trustee to execute and deliver to the Company, at the Company’s sole cost and expense, any and all releases of Liens, termination statements, assignments or other documents reasonably requested by the Company in connection with any sale, reclassification or other disposition of Collateral to the extent such sale, reclassification or other disposition, and such release of Liens, is permitted by the terms of this Indenture, the Security Documents and the Intercreditor Agreement. (d) Neither the Trustee nor the Collateral Trustee nor any of their respective officers, directors, employees, attorneys or agents shall be responsible for (i) perfecting, maintaining, monitoring, preserving or protecting the security interest or ▇▇▇▇ granted under the Security Documents or any agreement or instrument contemplated hereby or thereby, (ii) the filing, re-filing, recording, re-recording or continuing of any document, financing statement, Mortgage, assignment, notice, instrument of further assurance or other instrument in any public office at any time or times or (iii) providing, maintaining, monitoring or preserving insurance on or the payment of taxes with respect to the Collateral. The actions described in clauses (i) through (iii) shall be the sole responsibility of the Company and the Subsidiary Guarantors. (e) Neither the Trustee nor the Collateral Trustee nor any of their respective officers, directors, employees, attorneys or agents will be responsible or liable for the existence, genuineness, value or protection of any Collateral, for the legality, enforceability, effectiveness, or sufficiency of the Collateral Documents, for the creation, perfection, priority, sufficiency or protection of any Lien, including payment of any Taxes, charges or assessments upon the Collateral or otherwise as to the maintenance of the Collateral, or for any defect or deficiency as to any such matters, or, except as may be provided in the Collateral Trust Agreement, for any failure to demand, collect, foreclose or realize upon or otherwise enforce any of the Liens or Collateral Documents or any delay in doing so. Neither the Trustee nor the Collateral Trustee nor any of their respective officers, directors, employees, attorneys or agents will be responsible or liable for making any filings or recordings to perfect or maintain the perfection of the Collateral Trustee’s Lien in the Collateral, including without limitation, the filing of any Uniform Commercial Code financing statements, continuation statements, Mortgages or any other filings. (f) In acting hereunder and under the other Note Documents, the Holders, the Company and the Subsidiary Guarantors agree that the Collateral Trustee shall be entitled to the rights, privileges, protections, immunities, indemnities and benefits provided to the Trustee hereunder as if such were provided to the Collateral Trustee.

  • Collateral Agent Each Buyer hereby (i) appoints ▇▇▇▇▇▇ Bay Master Fund Ltd., as the collateral agent hereunder and under the other Security Documents (in such capacity, the “Collateral Agent”), and (ii) authorizes the Collateral Agent (and its officers, directors, employees and agents) to take such action on such Buyer’s behalf in accordance with the terms hereof and thereof. The Collateral Agent shall not have, by reason hereof or any of the other Security Documents, a fiduciary relationship in respect of any Buyer. Neither the Collateral Agent nor any of its officers, directors, employees or agents shall have any liability to any Buyer for any action taken or omitted to be taken in connection hereof or any other Security Document except to the extent caused by its own gross negligence or willful misconduct, and each Buyer agrees to defend, protect, indemnify and hold harmless the Collateral Agent and all of its officers, directors, employees and agents (collectively, the “Collateral Agent Indemnitees”) from and against any losses, damages, liabilities, obligations, penalties, actions, judgments, suits, fees, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs and expenses) incurred by such Collateral Agent Indemnitee, whether direct, indirect or consequential, arising from or in connection with the performance by such Collateral Agent Indemnitee of the duties and obligations of Collateral Agent pursuant hereto or any of the Security Documents. The Collateral Agent shall not be required to exercise any discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the instructions of the Required Holders, and such instructions shall be binding upon all holders of Notes; provided, however, that the Collateral Agent shall not be required to take any action which, in the reasonable opinion of the Collateral Agent, exposes the Collateral Agent to liability or which is contrary to this Agreement or any other Transaction Document or applicable law. The Collateral Agent shall be entitled to rely upon any written notices, statements, certificates, orders or other documents or any telephone message believed by it in good faith to be genuine and correct and to have been signed, sent or made by the proper Person, and with respect to all matters pertaining to this Agreement or any of the other Transaction Documents and its duties hereunder or thereunder, upon advice of counsel selected by it.

  • Secured Parties Each Secured Party that is not a party to the Credit Agreement who obtains the benefit of this Agreement shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each of its Affiliates shall be entitled to all of the rights, benefits and immunities conferred under Article IX of the Credit Agreement.

  • Secured Party In performing its obligations under this Agreement, the Secured Party is subject to, and entitled to the benefits of, the terms of the Indenture that apply to the Indenture Trustee.

  • Successor Administrative Agent and Collateral Agent (a) The Administrative Agent may resign as Administrative Agent upon 30 days’ notice to the Lenders and the Company. If the Administrative Agent shall resign as Administrative Agent under this Agreement and the other Loan Documents, then the Required Lenders shall appoint from among the Lenders a successor agent for the Lenders, which successor agent shall (unless an Event of Default under Section 8(a) or Section 8(f) with respect to any Borrower shall have occurred and be continuing) be subject to approval by the Company (which approval shall not be unreasonably withheld or delayed), whereupon such successor agent shall succeed to the rights, powers and duties of the Administrative Agent and the term “Administrative Agent” shall mean such successor agent effective upon such appointment and approval, and the former Administrative Agent’s rights, powers and duties as Administrative Agent shall be terminated, without any other or further act or deed on the part of such former Administrative Agent or any of the parties to this Agreement or any holders of the Loans. If no successor agent has accepted appointment as Administrative Agent by the date that is 30 days following a retiring Administrative Agent’s notice of resignation, the retiring Administrative Agent’s resignation shall nevertheless thereupon become effective, and the Lenders shall assume and perform all of the duties of the Administrative Agent hereunder until such time, if any, as the Required Lenders under this Agreement appoint a successor agent as provided for above. After any retiring Administrative Agent’s resignation as Administrative Agent, the provisions of this Section 9 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent under this Agreement and the other Loan Documents.