Designated Term Representative definition
Examples of Designated Term Representative in a sentence
The execution and delivery of such instrument shall not require the consent of any other party hereunder, and will be acknowledged by the ABL Agent and the Designated Term Representative.
In connection with the application of Proceeds pursuant to Section 5.1(a), the Designated Term Representative may sell any non-Cash Proceeds for cash prior to the application of the Proceeds thereof.
The Designated Term Representative also may seek, without objection from the ABL Secured Parties, adequate protection with respect to the Term Secured Parties’ rights in the ABL Priority Collateral in the form of reports, notices, inspection rights, and similar forms of adequate protection to the extent also granted to the ABL Secured Parties in connection with any use of ABL Priority Cash Collateral or ABL Priority DIP Financing.
The Designated Term Representative is hereby authorized to make any such endorsements as agent for ABL Agent or any such other ABL Secured Parties.
ABL Agent, for itself and on behalf of ABL Secured Parties, shall not object to, oppose, support any objection, or take any other action to impede, the rights of any Term Secured Party or Designated Term Representative to make an election under Section 1111(b)(2) of the Bankruptcy Code (or similar Bankruptcy Law) with respect to the Term Priority Collateral.
In exercising rights and remedies with respect to the Term Priority Collateral, the Designated Term Representative and the other Term Secured Parties may enforce the provisions of the Term Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion.
Upon the Discharge of ABL Obligations, the ABL Agent shall deliver promptly to the Designated Term Representative any Collateral or Proceeds thereof held by it in the same form as received, with any necessary endorsements, or as a court of competent jurisdiction may otherwise direct, to be applied by the Designated Term Representative to the Term Obligations in such order as specified in the relevant Term Debt Documents.
The ABL Agent, for itself and on behalf of ABL Secured Parties, shall not object to, oppose, support any objection, or take any other action to impede, the rights of any Term Secured Party or Designated Term Representative to make an election under Section 1111(b)(2) of the Bankruptcy Code (or similar Bankruptcy Law).
The ABL Agent is hereby authorized to make any such endorsements as agent for the Designated Term Representative or any such Term Secured Party with respect to the ABL Priority Collateral.
The Designated Term Representative, on behalf of itself and the Term Secured Parties, agrees that no such Person shall provide to ARC or any other Grantor any Term Priority DIP Financing to the extent that the Term Administrative Agent or any Term Secured Party would, in connection with such financing, be granted a Lien on the ABL Priority Collateral senior to or pari passu with the Liens of ABL Agent securing the ABL Obligations.