Final Payout Date definition
Examples of Final Payout Date in a sentence
Each of the Servicer, the Purchaser/Lenders and each assignee of an Investment or Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the SPE any Relief Proceeding until one year and one day after the Final Payout Date; provided that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
The SPE hereby subordinates all rights of subrogation (whether contractual to the claims of the Administrative Agent, the Purchaser/Lenders and the other Secured Parties against any Obligor, any Originator, the Servicer, the Performance Guarantor or any other Person in respect of the Guaranteed Obligations until such time as all Guaranteed Obligations have been indefeasibly paid in full and the Final Payout Date has occurred.
Other than Final Payout Date, without the prior written consent of the Administrative Agent and the Required Purchaser/Lenders, the SPE will not (and will not permit any Originator or the Servicer to) amend, modify, waive, revoke or terminate any Transaction Document to which it is a party or any provision of the SPE’s organizational documents which requires the consent of the “Independent Director” (as such term is used in the SPE’s limited liability company agreement).
The obligations of each Purchaser/Lender under this Section 12.08 shall survive the termination of this Agreement and the Final Payout Date.
From and after the date on which the Administrative Agent has taken any action pursuant to Section 9.02 (or after the SPE Obligations have automatically become immediately due and payable as specified in the proviso to Section 9.02(a)) and until the Final Payout Date, any and all proceeds received on account of the SPE Obligations shall (subject to Sections 2.07) be applied in accordance with the order of priority set forth in Section 3.01(a).