Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 26 contracts
Samples: Credit Agreement (Time Warner Cable Inc.), Credit Agreement (Time Warner Cable Inc.), Credit Agreement (Time Warner Inc.)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 23 contracts
Samples: Credit Agreement (Agl Resources Inc), Term Loan Credit Agreement (Agl Resources Inc), Joinder Agreement (Agl Resources Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 21 contracts
Samples: Credit Agreement (MSC Industrial Direct Co Inc), Year Credit Agreement (General Electric Co), Bridge Loan Agreement (General Electric Co)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 20 contracts
Samples: Guarantee and Collateral Agreement (Standard Aero Holdings Inc.), Credit Agreement (AV Homes, Inc.), Term Loan Credit Agreement (NuStar Energy L.P.)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty with respect to any action taken or not taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, Guaranty shall be exclusively governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Guaranteed Parties with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 9 contracts
Samples: Secured Bridge Term Credit Agreement (NXP Semiconductors N.V.), Secured Revolving Credit Agreement (Freescale Semiconductor, Ltd.), Secured Bridge Term Credit Agreement (Freescale Semiconductor, Ltd.)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty Agreement shall, as between the Administrative Agent Agents and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, ; and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 9 contracts
Samples: Guaranty Agreement (Ocean Energy Inc /Tx/), Guaranty Agreement (Ocean Energy Inc), Guaranty Agreement (United Meridian Corp)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorseach Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 8 contracts
Samples: Subsidiary Guarantee (Stratus Technologies International Sarl), Parent Guarantee (Stratus Technologies International Sarl), Supplemental Subsidiary Guarantee Agreement (Consolidated Communications Texas Holdings, Inc.)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent Administrative Agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 7 contracts
Samples: Security Agreement (Navistar International Corp), Servicing Agreement (Navistar Financial Corp), Pooling and Servicing Agreement (Navistar International Corp)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Creditors, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Guaranteed Creditors with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 7 contracts
Samples: Senior Secured Credit Agreement (Universal Compression Partners, L.P.), Senior Secured Credit Agreement (Exterran Partners, L.P.), Guaranty Agreement (Exterran Partners, L.P.)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, ; and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 6 contracts
Samples: Guaranty Agreement (United Meridian Corp), Guaranty Agreement (United Meridian Corp), Guaranty Agreement (Ocean Energy Inc)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lendersother Secured Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Secured Parties with full and valid authority so to act or refrain from acting, and no the Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 4 contracts
Samples: Guarantee and Pledge Agreement (Kodiak Oil & Gas Corp), Guarantee and Pledge Agreement (Kodiak Oil & Gas Corp), Guarantee and Pledge Agreement (Kodiak Oil & Gas Corp)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee guarantee shall, as between the Administrative Agent and the LendersSecured Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorseach Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Secured Parties with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 4 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the LendersLenders and the Issuing Lender, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent Administrative Agent for the Lenders and the Issuing Lender with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 3 contracts
Samples: Pledge Agreement (Denali Inc), Subsidiaries Guarantee (Unidigital Inc), Denali Inc
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 3 contracts
Samples: Assignment and Assumption (Wci Communities Inc), Credit Agreement (CNL Hotels & Resorts, Inc.), Continuing Guaranty Agreement (RFS Partnership Lp)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the LendersBanks, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Banks with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 3 contracts
Samples: Joinder Agreement (Arrow Electronics Inc), Credit Agreement (Mitchell Energy & Development Corp), Credit Agreement (Arrow Electronics Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Guaranteed Parties with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 3 contracts
Samples: Guarantee Agreement (Centurylink, Inc), Guarantee Agreement (Centurylink, Inc), Guarantee Agreement (Centurylink, Inc)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the LendersBanks, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Banks with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, obligated or entitlement, entitled to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Joinder Agreement (Arrow Electronics Inc), Credit Agreement (Arrow Electronics Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent Administrative Agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Guarantee Agreement (Borders Group Inc), Claires Stores Inc
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lendersother Secured Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Secured Parties with full and valid authority so to act or refrain from actingacting in the manner set forth in Article 13 of the Credit Agreement, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Credit Agreement (California Resources Corp), Credit Agreement
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorseach Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Intercreditor Agreement (Stratus Technologies Bermuda Holdings Ltd.), Collateral Agreement (Stratus Technologies Bermuda Holdings Ltd.)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty shall, as between the Administrative Agent and the LendersBeneficiaries, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Beneficiaries with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Guaranty (Chippac Inc), Chippac LTD
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between among the Administrative Agent and the LendersGuaranteed Parties, be governed by the Credit Agreement or the Security Agreement, as applicable, and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Banks with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Guarantee Agreement (Istar Financial Inc), Guarantee Agreement (Istar Financial Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Interim Term Loan Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Preferred Stock Subsidiaries' Guarantee (Apartment Investment & Management Co), Subsidiaries' Guarantee (Apartment Investment & Management Co)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no such Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Credit Agreement (Avis Rent a Car Inc), Credit Agreement (Avis Rent a Car Inc)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty Agreement shall, as between the Administrative Agent Agents and the LendersBanks, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Banks with full and valid authority so to act or refrain from acting, ; and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Guaranty Agreement (Ocean Energy Inc /Tx/), Revolving Credit Agreement (Ocean Energy Inc /Tx/)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee the Guaranty Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty Agreement shall, as between the among Administrative Agent and the Lenders, other Creditors be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from form time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders other Creditors with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Guaranty Agreement (Penson Worldwide Inc), Credit Agreement (Penson Worldwide Inc)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-non- exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Credit Agreement (Food Lion Inc), Credit Agreement (Food Lion Inc)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between among the Administrative Agent Agent, the Other Representatives and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, obligation to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Raci Holding Inc), Subsidiary Guarantee (Raci Holding Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Reimbursement Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 2 contracts
Samples: Drawing Certificate (NuStar Energy L.P.), Letter of Credit Agreement (NuStar Energy L.P.)
Authority of Administrative Agent. Each Guarantor acknowledges The Guarantors acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee Loan Party Guaranty with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Loan Party Guaranty shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor the Guarantors shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges The Guarantors acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the LendersBanks, be governed by the Credit Agreement Agreement, and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Banks with full and valid authority so to act or refrain from acting, and no Guarantor the Guarantors shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Credit Agreement (Mitchell Energy & Development Corp)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise nonexercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Ddi Capital Corp/Dynamic Details Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment judgment, or other right or remedy provided for herein or resulting or arising out of this Guarantee Guarantee, shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges ---------------------------------- that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between among the Administrative Agent Agent, the Other Representatives and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, obligation to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Collateral Agreement (Stratus Technologies Bermuda Holdings Ltd.)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Agents and the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Grand Union Co /De/)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lendersother Secured Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders 10-Q Secured Parties with full and valid authority so to act or refrain from actingacting in the manner set forth in Article 12 of the Credit Agreement, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Guaranty with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as Form of Subsidiary Guaranty between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Parties, be governed by the Credit Unit Purchase Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders such Guaranteed Parties with full and valid authority so to act or refrain from acting, and no such Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges Borrower and Guarantors acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Borrower and Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor Borrower and Guarantors shall not be under any obligation, or entitlement, to or make any inquiry respecting such authority.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Lomak Petroleum Inc)
Authority of Administrative Agent. Each Guarantor acknowledges The Guarantors acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee General Partner Guaranty with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee General Partner Guaranty shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor the Guarantors shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges that the --------------------------------- rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Execution Copy (Federal Mogul Corp)
Authority of Administrative Agent. Each Guarantor acknowledges The Guarantors acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor the Guarantors shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Credit Agreement (Coty Inc /)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lendersother 2017 Secured Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders 2017 Secured Parties with full and valid authority so to act or refrain from actingacting in the manner set forth in Article XIII of the Credit Agreement, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Collateral Agency Agreement (California Resources Corp)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, Lenders be governed by the Credit Term Loan Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no neither such Guarantor, the Company nor any other Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, Lenders be governed by the Credit Term Loan Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor neither the Guarantor, the Company nor any other guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lendersother holders of the Obligations, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders holders of the Obligations with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Credit Agreement (Kennametal Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Parties, be governed by the Credit Note Purchase Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders such Guaranteed Parties with full and valid authority so to act or refrain from acting, and no such Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges that --------------------------------- the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no such Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Credit Agreement (Weigh Tronix Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between among the Administrative Agent and the LendersGuaranteed Parties, be governed by the Credit Agreement Agreement, and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges The Guarantors acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor the Guarantors shall not be under any obligation, or entitlement, entitlement to make any inquiry respecting such authority.
Appears in 1 contract
Samples: First Amended and Restated Guarantee (Ifco Systems Nv)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Parties, be governed by the Credit Note Purchase Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Guaranteed Parties with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: USA Synthetic Fuel Corp
Authority of Administrative Agent. Each Guarantor acknowledges The Guarantors acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the 509265-0507-14367-Active.16359742.5 Lenders with full and valid authority so to act or refrain from acting, and no Guarantor the Guarantors shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Credit Agreement (Coty Inc.)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Documentation Agent under this Guarantee Guaranty with respect to any action taken by the Administrative Documentation Agent or the exercise or non-exercise by the Administrative Documentation Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty shall, as between the Administrative Documentation Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Documentation Agent and any or all of the Guarantorseach Guarantor, the Administrative Documentation Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority. XIX.
Appears in 1 contract
Samples: Credit Agreement (Ryland Group Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the SEVENTH AMENDED AND RESTATED CREDIT AGREEMENT Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken or not taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lendersother Secured Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for and representative of the Lenders Secured Parties with full and valid authority so to act or refrain from actingacting in the manner set forth in Section 12 of the Credit Agreement, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that --------------------------------- the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Hanover Compressor Co /
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Creditors, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Guaranteed Creditors with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.valid
Appears in 1 contract
Samples: Guaranty Agreement
Authority of Administrative Agent. Each The Guarantor acknowledges that the --------------------------------- rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Agl Resources Inc
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Guaranteed Parties with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Parties, be governed by the Credit Unit Purchase Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Guaranteed Parties with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: USA Synthetic Fuel Corp
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall not be under any obligation, or entitlement, entitlement to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Guarantee (Ifco Systems Nv)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Secured Parties with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent Administrative Agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.. EXHIBIT 4.36 (continued)
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-non- exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, Lenders be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor neither the Guarantor, the Company nor any other guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Borrower and each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Borrower and the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no neither the Borrower nor any Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges The Guarantors acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee Subsidiary Guaranty with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Subsidiary Guaranty shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor the Guarantors shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Credit Agreement (Oakley Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersSecured Parties, be governed by the Credit this Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Secured Parties with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges that --------------------------------- the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Hanover Compressor Co /
Authority of Administrative Agent. Each Borrower and each Guarantor acknowledges acknowledge that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of Borrower and the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Borrower or Guarantor shall be under any obligation, or entitlement, to or make any inquiry respecting such authority.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Lomak Petroleum Inc)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the LendersGuaranteed Creditors, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Guaranteed Creditors with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Guaranty and Pledge Agreement (Petro Resources Corp)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-non- exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority. 11.
Appears in 1 contract
Samples: Credit Agreement (Food Lion Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lendersother Secured Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Secured Parties with full and valid authority so to act or refrain from actingacting in the manner set forth in Section 12 of the Credit Agreement, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent Agent, the Lenders and the LendersCo-Agents, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Citadel Broadcasting Co
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the 7 7 Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Guarantee (El Paso Energy Corp/De)
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, Lenders be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor neither the Guarantor, the Company nor any other guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
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Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Agreement shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantors, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Secured Parties with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, obligation or entitlement, entitlement to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each The Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this BMC Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this BMC Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the GuarantorsGuarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders with full and valid authority so to act or refrain from acting, and no the Guarantor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lendersother Creditors, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders Creditors with full and valid authority so to act or refrain from actingacting in the manner set forth in Section 10 of the Credit Agreement, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Assumption Agreement (Westport Resources Corp /Nv/)
Authority of Administrative Agent. Each Guarantor acknowledges that --------------------------------- the rights and responsibilities of the Administrative Agent under this Guarantee with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee shall, as between the Administrative Agent and the Lenders, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, them but, as between the Administrative Agent and any or all of the Guarantorseach Guarantor, the Administrative Agent shall be conclusively presumed to be acting as administrative agent for the Lenders with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Guarantee (Cambridge Technology Partners Massachusetts Inc)
Authority of Administrative Agent. Each Guarantor acknowledges that the rights and responsibilities of the Administrative Agent under this Guarantee the Guaranty Agreement with respect to any action taken by the Administrative Agent or the exercise or non-exercise by the Administrative Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Guarantee Guaranty Agreement shall, as between among the Administrative Agent and the Lenders, other Guarantied Parties be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from form time to time among them, but, as between the Administrative Agent and any or all of the Guarantorssuch Guarantor, the Administrative Agent shall be conclusively presumed to be acting as agent for the Lenders other Guarantied Parties with full and valid authority so to act or refrain from acting, and no Guarantor shall be under any obligation, or entitlement, to make any inquiry respecting such authority.
Appears in 1 contract
Samples: Credit Agreement (Media General Inc)
