Agreement Among Lenders Clause Samples

Agreement Among Lenders. Lenders shall have entered into the Agreement Among Lenders;

Agreement Among Lenders. 73 Section 10.2 Lender Credit Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Section 10.3

Agreement Among Lenders. The Lenders agree among themselves that: -80- //ex99-1_1622_ar.cecc (a) ADMINISTRATIVE AGENT. Each Lender hereby appoints the Administrative Agent as its nominee in its name and on its behalf, to receive all documents and items to be furnished hereunder; to act as nominee for and on behalf of all Lenders under the Loan Documents; to, except as otherwise expressly set forth herein, take such action as may be requested by the Determining Lenders, provided that, (i) unless and until the Administrative Agent shall have received such requests, the Administrative Agent may take such administrative action, or refrain from taking such administrative action, as it may deem advisable and in the best interests of the Lenders, and (ii) the Administrative Agent shall not be required to take any action that exposes the Administrative Agent to personal liability or that is contrary to any Loan Document or Applicable Law; to arrange the means whereby the proceeds of the Revolving Credit Advances of the Lenders are to be made available to the Borrowers; to distribute promptly to each Lender information, requests and documents received from the Borrowers, and each payment (in like funds received) with respect to any of such Lender's Revolving Credit Advances, fee or other amount; and to deliver to the Borrowers requests, demands, approvals and consents received from the Lenders. Administrative Agent agrees to promptly distribute to each Lender, at such Lender's address set forth below information, requests, documents and payments received from the Borrowers. The Administrative Agent shall have no fiduciary relationship in respect of any Lender by reason of this Agreement or any other Loan Document. The Administrative Agent shall have no duties or responsibilities except those expressly set forth in this Agreement. The duties of the Administrative Agent under the Loan Documents are merely mechanical and administrative in nature. (b) REPLACEMENT OF ADMINISTRATIVE AGENT. Should the Administrative Agent or any successor Administrative Agent ever cease to be a Lender hereunder, or should the Administrative Agent or any successor Administrative Agent ever resign as Administrative Agent, or should the Administrative Agent or any successor Administrative Agent ever be removed with cause or without cause by the action of all Lenders (other than the Administrative Agent), then the Lender appointed by the other Lenders (provided that no Event of Default shall have occurred and be cont...

Agreement Among Lenders. Pursuant to the provisions of Schedule 9.23 to this Agreement, the Administrative Agent, the FILO Agent and the Required Lenders have agreed to certain arrangements relating to matters requiring the consent or approval of some or all of the Required Revolving Lenders (as defined in Schedule 9.23) and to such other matters as set forth therein (such agreement, the “Agreement Among Lenders”). Each Person who becomes a Lender pursuant to an assignment permitted under Section 9.04 shall be bound by the terms of such Agreement Among Lenders as if such Person was an original party hereto. The Loan Parties hereby acknowledge and agree to the provisions of the Agreement Among Lenders in effect on the Second Amendment Effective Date; provided, that it is understood and agreed that no Loan Party is a party to such Agreement Among Lenders or a third party beneficiary of such agreement.

Agreement Among Lenders. Pursuant to the provisions of Schedule 9.23 to this Agreement, the Administrative Agent, the FILO Agent and the Required Lenders have agreed to certain arrangements relating to matters requiring the consent or approval of some or all of the Required Revolving Lenders (as defined in Schedule 9.23, and which shall otherwise constitute Required Lenders) and to such other matters as set forth therein (such agreement, the “Agreement Among Lenders”). Each Person who becomes a Lender pursuant to an assignment permitted under Section 9.04 shall be bound by the terms of such Agreement Among Lenders as if such Person was an original party hereto. The Loan Parties hereby acknowledge and agree to the provisions of the Agreement Among Lenders in effect on the First Amendment Effective Date; provided, that it is understood and agreed that no Loan Party is a party to such Agreement Among Lenders or a third party beneficiary of such agreement.

Agreement Among Lenders. REFERENCE IS MADE TO THE AGREEMENT AMONG LENDERS. EACH OF HOLDINGS AND THE BORROWERS ACKNOWLEDGES THE AGREEMENT AMONG LENDERS SOLELY IN RELATION TO THE APPLICATION OF PAYMENTS OR PROCEEDS MADE AS SET FORTH THEREIN. EACH LENDER HEREUNDER (INCLUDING, WITHOUT LIMITATION, ANY LENDER THAT PROVIDES AN INCREMENTAL LOAN COMMITMENT) AGREES THAT IT WILL BE BOUND BY AND WILL TAKE NO ACTIONS CONTRARY TO THE PROVISIONS OF THE AGREEMENT AMONG LENDERS. THE PROVISIONS OF THIS SECTION 14.10 ARE NOT INTENDED TO SUMMARIZE ALL RELEVANT PROVISIONS OF THE AGREEMENT AMONG LENDERS. REFERENCE MUST BE MADE TO THE AGREEMENT AMONG LENDERS ITSELF TO UNDERSTAND ALL TERMS AND CONDITIONS THEREOF. EACH LENDER IS RESPONSIBLE FOR MAKING ITS OWN ANALYSIS AND REVIEW OF THE AGREEMENT AMONG LENDERS AND THE TERMS AND PROVISIONS THEREOF, AND NEITHER AGENT NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION TO ANY LENDER AS TO THE SUFFICIENCY OR ADVISABILITY OF THE PROVISIONS CONTAINED IN THE AGREEMENT AMONG LENDERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN ANY OTHER CREDIT DOCUMENT, IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THIS AGREEMENT AND THE AGREEMENT AMONG LENDERS, THE TERMS OF THE AGREEMENT AMONG LENDERS SHALL GOVERN AND CONTROL.

Agreement Among Lenders. 75 Section 10.2 Lender Credit Decision........................................78 Section 10.3 Benefits of Article...........................................78

Agreement Among Lenders. Section 10.1 Agreement Among Lenders..................................... 97 Section 10.2 Lender Credit Decision...................................... 99 Section 10.3

Agreement Among Lenders. EXHIBITS: