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. XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Vice President North Atlantic Trading Company, Inc. Revolving Credit Agreement EXHIBIT B to Revolving Credit Agreement [FORM OF] LIBOR NOTICE Xxxxx Fargo Bank, National Association, as Administrative Agent under the below referenced Credit Agreement 0000 Xxxxxxxxx Xxxx NE, 16th Floor Atlanta, GA 30328 Ladies and Gentlemen: Reference hereby is made to that certain Revolving Credit Agreement dated as of January 13, 2014 (as amended, restated, supplemented, or otherwise modified from time to time, the “Credit Agreement”) by and among NATC HOLDING COMPANY, INC., as holdings (“Holdings”), NORTH ATLANTIC TRADING COMPANY, INC., as borrower (“Borrower”), the lenders party thereto as “Lenders”, and Xxxxx Fargo Bank, National Association, a national banking association (“Xxxxx Fargo”), as administrative agent for each of the Secured Parties (as defined in the Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement. This LIBOR Notice represents Borrower’s request to elect the LIBOR Option with respect to outstanding Revolving Loans in the amount of $________ (the “LIBOR Rate Advance”)[, and is a written confirmation of the telephonic notice of such election given to Administrative Agent]. The LIBOR Rate Advance will have an Interest Period of [1, 2, 3, or 6] month(s) commencing on _____________________. This LIBOR Notice further confirms Borrower’s acceptance, for purposes of determining the rate of interest based on the LIBOR Rate under the Credit Agreement, of the LIBOR Rate as determined pursuant to the Credit Agreement. Dated: NORTH ATLANTIC TRADING COMPANY, INC., a Delaware corporation, as Borrower By Name: Title: Acknowledged by: XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent By: Name: Title: EXHIBIT C to Revolving Credit Agreement [FORM] OF BORROWING BASE CERTIFICATE [To be attached] EXHIBIT F to Revolving Credit Agreement [FORM OF] OFFICER’S COMPLIANCE CERTIFICATE Dated as of: _____________ The undersigned1, on behalf of North Atlantic Trading Company, Inc., a Delaware corporation (the “Borrower”), hereby certifies to the Administrative Agent and the Lenders, each as defined in the Credit Agree...
AGENTS AND LENDERS. WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender, Issuing Lender and Lender By: /s/ Sxxxx Xxxxx Name: Sxxxx Xxxxx Title: Vice President [Credit Agreement — Bowater Incorporated] JPMORGAN CHASE BANK, N.A, as Lender By: /s/ Pxxxx X. Xxxxxx Name: Pxxxx X. Xxxxxx Title: Vice President [Credit Agreement — Bowater Incorporated] UBS LOAN FINANCE LLC, as Lender By: /s/ Rxxxxxx X. Xxxxxx Name: Rxxxxxx X. Xxxxxx Title: Director, Bank Products Services, US By: /s/ Ixxx X. Xxxx Name: Ixxx X. Xxxx Title: Associate Director, Bank Products Services, US [Credit Agreement — Bowater Incorporated] WXXXX FARGO FOOTHILL, LLC, as Lender By: /s/ Dxxxxx Xxxx Name: Dxxxxx Xxxx Title: Vice President [Credit Agreement — Bowater Incorporated] Annex A
AGENTS AND LENDERS. FIFTH THIRD BANK, an Ohio banking corporation, and successor by merger to Fifth Third Bank, a Michigan banking corporation, as Administrative Agent, Collateral Agent and a Lender By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Vice President Consent and Amendment No. 4 to First Lien Credit and Guaranty Agreement
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 By: /s/ XXXXX XXXXX Title: Senior Vice President XXXXX FARGO FOOTHILL, INC., as Funding Agent and Lender By: /s/ XXXX XXXXXX Title: Senior Vice President BORROWER: ATP OIL & GAS CORPORATION By: /s/ T. XXXX XXXXXXX Title: President GUARANTOR: ATP ENERGY, INC. By: /s/ T. XXXX XXXXXXX Title: President ATP OIL & GAS (UK) LIMITED By: /s/ T. XXXX XXXXXXX
AGENTS AND LENDERS. WACHOVIA BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent and individually in its capacity as a Lender and as Swingline Lender, on behalf of itself and the other Lenders (other than the Syndication Agent) pursuant to the Authorization By: Name: Title: JPMORGAN CHASE BANK, N.A. in its capacity as Syndication Agent and individually in its capacity as a Lender By: Name: Title: ANNEX I Form of Lender Authorization LENDER AUTHORIZATION March 14, 2006 Wachovia Bank, National Association, as Administrative Agent Mail Code: NC-0760 300 Xxxxx Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000-0000 Attn: Syndication Agency Services Re: Third Amendment dated as of March 14, 2006 (the “Third Amendment”) to the Amended and Restated Credit Agreement dated as of August 13, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among DXXX FOODS COMPANY, the Guarantors party thereto, the Lenders party thereto (the “Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), JPMORGAN CHASE BANK, N.A., as Syndication Agent and BANK OF AMERICA, N.A., HXXXXX TRUST AND SAVINGS BANK and SUNTRUST BANK, each as a Documentation Agent. This letter acknowledges our receipt and review of the Third Amendment in the form posted on the Dxxx Foods Intralinks or SyndTrak workspace. By executing this letter, we hereby authorize the Administrative Agent to execute and deliver the Third Amendment 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 Credit Documents to which Lenders are parties and shall have the rights and obligations of a Lender under each such agreement. [Insert name of applicable financial institution] By: Name: Title:
AGENTS AND LENDERS. 49 12.1 Agents........................................................................ 49 12.2