Common use of Bank Products Clause in Contracts

Bank Products. A Borrower may request and the Agent may, in its sole and absolute discretion, arrange for a Borrower to obtain from the Bank or the Bank’s Affiliates Bank Products although no Borrower is required to do so. If Bank Products so requested by a Borrower are provided by an Affiliate of the Bank, each Borrower agrees to indemnify and hold the Agent, the Bank and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between such Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. Each Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates.

Appears in 3 contracts

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)

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Bank Products. A Borrower The Borrowers may request and the Agent Lender may, in its sole and absolute discretion, arrange for a Borrower the Borrowers to obtain Bank Products from the Bank or the Bank’s Affiliates Bank Products although no the Borrower is not required to do so; provided that Borrowers shall hold all primary depository accounts at Bank. If Bank Products so requested by a Borrower are provided by an Affiliate of the Bank, each Borrower agrees Borrowers agree to indemnify and hold the Agent, Lender and the Bank and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders Lender which arise from any indemnity given by the Agent Lender to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s Borrowers’ rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between such Borrower the Borrowers and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. Each Borrower acknowledges The Borrowers acknowledge and agrees agree that the obtaining of Bank Products from the Bank or the Bank’s Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Remedytemp Inc)

Bank Products. A The Borrower may request and the Administrative Agent may, in its sole and absolute discretion, arrange for a the Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although no the Borrower is not required to do so. If Bank Products so requested by a Borrower are provided by an Affiliate of the Bank, each the Borrower agrees to indemnify and hold the Administrative Agent, the Bank and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Administrative Agent, the Bank or any of the Lenders which arise from any indemnity given by the Administrative Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between such the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. Each The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Kforce Com Inc)

Bank Products. A Any Borrower may request and the Agent may, in its sole and absolute discretion, arrange for a any Borrower to obtain Bank Products from the Bank or the Bank’s 's Affiliates Bank Products although no Borrower is required to do so. If To the extent Bank Products so requested by a Borrower are provided by an Affiliate of the Bank, each Borrower agrees the Borrowers agree to indemnify and hold the Agent, the Bank Bank, and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank Bank, or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the any Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between such Borrower and the Bank or its Affiliates which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. Each Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Bank Products. A Any Borrower may request and the Agent may, in its sole and absolute discretion, arrange for a any Borrower to obtain Bank Products from the Bank or the Bank’s Affiliates Bank Products although no Borrower is required to do so. If To the extent Bank Products so requested by a Borrower are provided by an Affiliate of the Bank, each Borrower agrees the Borrowers agree to indemnify and hold the Agent, the Bank Bank, and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank Bank, or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the any Borrower’s rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between such Borrower and the Bank or its Affiliates which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. Each Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, Affiliates and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

Bank Products. A Borrower The Borrowers may request and the Agent may, in its sole and absolute discretion, arrange for a Borrower the Borrowers to obtain from the Bank or the Bank’s 's Affiliates Bank Products although no Borrower is the Borrowers are not required to do so. If Bank Products so requested by a Borrower are provided by an Affiliate of the Bank, each Borrower agrees the Borrowers agree to indemnify and hold the Agent, the Bank and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates such Affiliate of the Bank related to such Bank Products; providedPROVIDED, howeverHOWEVER, nothing contained herein is intended to limit the Borrower’s Borrowers' rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between such Borrower the Borrowers and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. Each Borrower acknowledges The Borrowers acknowledge and agrees agree that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Andrx Corp /De/)

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Bank Products. A Borrower The Borrowers may request and the Agent either Bank may, in its sole and absolute discretion, arrange for a Borrower the Borrowers to obtain from the Bank Banks or the any Bank’s 's Affiliates Bank Products although no Borrower is required to do so. If Bank Products so requested by a Borrower are provided by an Affiliate of the a Bank, each Borrower agrees the Borrowers agree to indemnify and hold the Agent, the applicable Bank and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Agent, the such Bank or any of the Lenders which arise from any indemnity given by the Agent and/or the applicable Bank to its any of their Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s Borrowers' rights, with respect to the Bank Banks or its any of their respective Affiliates, if any, which arise as a result of the execution of documents by and between such Borrower among the Borrowers and the Bank Banks, or any of them, which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. Each Borrower acknowledges The Borrowers acknowledge and agrees agree that the obtaining of Bank Products from the any Bank or the any Bank’s 's Affiliates (a) is in the sole and absolute discretion of the such Bank or the such Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the such Bank or the such Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Bank Products. A Borrower Palco may request and the Agent may, in its sole and absolute discretion, arrange for a Borrower Palco or any of Palco's Subsidiaries to obtain from the Bank or the Bank’s 's Affiliates Bank Products although no Borrower Palco is not required to do so. If Bank Products so requested by a Borrower are provided by an Affiliate of the Bank, each Borrower agrees the Borrowers agree to indemnify and hold the Agent, the Bank and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the any Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between such Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. Each Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Maxxam Inc)

Bank Products. A The Borrower may request and the Agent may, in its sole ------------- and absolute discretion, arrange for a the Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although no the Borrower is not required to do so. If Bank Products so requested by a Borrower are provided by an Affiliate of the Bank, each the Borrower agrees to indemnify and hold the Agent, the Bank Bank, and the Lenders harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank Bank, or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between such the Borrower and the Bank or its Affiliates, as the case may be, which relate to Bank ProductsProducts or the provision of the Bank Products pursuant thereto. The agreement contained in this Section shall survive termination of this Agreement. Each The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Coorstek Inc)

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