AGENTS AND LENDERS rights and remedies under this Agreement shall be cumulative and nonexclusive of any other rights and remedies that Agent or any Lender may have under any other agreement, including the other Loan Documents, by operation of law or otherwise. Recourse to the Collateral shall not be required.
AGENTS AND LENDERS. Each bank serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
AGENTS AND LENDERS rights and remedies under this Agreement or otherwise arising are cumulative and may be exercised singularly or concurrently. Neither the failure nor any delay on the part of Agent or any Lender to exercise any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise of that or any other right, power or privilege. NONE OF AGENT OR ANY LENDER SHALL BE DEEMED TO HAVE WAIVED ANY OF ITS RESPECTIVE RIGHTS UNDER THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT, INSTRUMENT OR PAPER SIGNED BY BORROWER UNLESS SUCH WAIVER IS EXPRESSED IN WRITING AND SIGNED BY AGENT, REQUISITE LENDERS OR ALL LENDERS, AS APPLICABLE. A waiver on any one occasion shall not be construed as a bar to or waiver of any right or remedy on any future occasion.
AGENTS AND LENDERS. 47 12.1 Agents....................................................47 12.2 Expenses..................................................50 12.3
AGENTS AND LENDERS. 49 12.1 Agents........................................................................ 49 12.2
AGENTS AND LENDERS. THE CIT GROUP/BUSINESS CREDIT, INC., as the Administrative Agent and Swingline Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President XXXXXXXXX & COMPANY, INC., as the Syndication Agent By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Managing Director Revolving Credit Commitment: THE CIT GROUP/BUSINESS CREDIT, INC., as a Lender $20,000,000 By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Revolving Credit Commitment: XXXXXXXXX FINANCE CP FUNDING LLC, as a Lender $5,000,000 By: /s/ E. Xxxxxx Xxxx Name: E. Xxxxxx Xxxx Title: Managing Director Broadview Networks Holdings, Inc. 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Delaware Broadview Networks, Inc. 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 New York BV–BC Acquisition Corporation 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Delaware Broadview NP Acquisition Corp. 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Delaware OPEN SUPPORT SYSTEMS LLC 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Connecticut Broadview Networks of Virginia, Inc. 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Virginia Broadview Networks of Massachusetts, Inc. 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Delaware BridgeCom Holdings, Inc. 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Delaware BridgeCom International, Inc. 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Delaware BridgeCom Solutions Group, Inc. 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 Delaware TruCom Corporation 000 Xxxxxxxxxxx Xxx., Xxx Xxxxx, XX 00000 New York Broadview Networks Holdings, Inc. Delaware New York Broadview Networks, Inc. New York California Connecticut Delaware Florida Georgia Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey North Carolina Ohio Pennsylvania Rhode Island Texas Vermont Washington D.C. West Virginia Broadview NP Acquisition Corp. Delaware Colorado Connecticut Delaware Florida Georgia Illinois Indiana Iowa Maine Maryland Massachusetts Michigan Montana Nevada New Hampshire New Jersey New York North Carolina Ohio Pennsylvania Rhode Island Vermont Washington D.C. West Virginia Open Support Systems LLC Connecticut New York Broadview Networks of Massachusetts, Inc. Delaware Broadview Networks of Virginia, Inc. Virginia BV–BC Acquisition Corp. Delaware BridgeCom Holdings, Inc. Delaware New York BridgeCom International, Inc. Delaware Arkansas California Connecticut Florida Georgia Iowa Kansas Maine Massachusetts Michigan New Jersey New York North Carolina Ohio Pennsylvania Rhode Island Texas Washington BridgeC...
AGENTS AND LENDERS. WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender, Issuing Lender and Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Vice President [Credit Agreement — Bowater Incorporated] JPMORGAN CHASE BANK, N.A, as Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President [Credit Agreement — Bowater Incorporated] UBS LOAN FINANCE LLC, as Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Director, Bank Products Services, US By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director, Bank Products Services, US [Credit Agreement — Bowater Incorporated] XXXXX FARGO FOOTHILL, LLC, as Lender By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President [Credit Agreement — Bowater Incorporated] Wachovia Bank, National Association Xxxxxxxxx Xxxxx, XX-0 000 Xxxxx Xxxxxxx Xxxxxx Xxxxxxxxx, Xxxxx Xxxxxxxx 00000-0000 Attention: Syndication Agency Services Re: Credit Agreement dated as of May 31, 2006 (as amended, the "Credit Agreement") by and among Bowater Incorporated (the "Borrower"), the banks and financial institutions party thereto, as lenders, and Wachovia Bank, National Association, as administrative agent (the "Administrative Agent") This Authorization acknowledges our receipt and review of the execution copy of the Credit Agreement in the form posted on SyndTrak Online. By executing this Authorization, we hereby approve the Credit Agreement and authorize the Administrative Agent to execute and deliver the Credit Agreement on our behalf. Each financial institution executing this Authorization agrees or reaffirms that it shall be a party to the Credit Agreement and the other Loan Documents (as defined in the Credit Agreement) to which Lenders are parties and shall have the rights and obligations of a Lender (as defined in the Credit Agreement), and agrees to be bound by the terms and provisions applicable to a "Lender", under each such agreement. In furtherance of the foregoing, each financial institution executing this Authorization agrees to execute any additional documents reasonably requested by the Administrative Agent to evidence such financial institution's rights and obligations under the Credit Agreement. By: Name: Title: $____________ FOR VALUE RECEIVED, the undersigned, BOWATER INCORPORATED, a Delaware corporation (the "Borrower"), promises to pay to the order of ___________________ (the "Lender"), at the place and times provided in the Credit Agreement referred to below, the principal sum of...
AGENTS AND LENDERS. UBS AG, STAMFORD BRANCH, as Issuing Bank, Lender, Swingline Lender, Administrative Agent and Collateral Agent
AGENTS AND LENDERS. ABLECO FINANCE LLC, as Collateral Agent, Administrative Agent and Lender, for itself as a Lender and on behalf of its affiliate assigns as Lenders
AGENTS AND LENDERS. FIFTH THIRD BANK, an Ohio banking corporation, and successor by merger to Fifth Third Bank, a Michigan banking corporation, as Administrative Age9n, Collateral Agent and a Lender By: /s/ Xxxxx X. XxXxxxxxx Name: Xxxxx X. XxXxxxxxx Title: Vice President Amendment No. 3 to First Lien Credit and Guaranty Agreement
