Common use of Certain Other Assignments and Participations Clause in Contracts

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign and/or pledge all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lender; provided that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 18 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

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Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 10 contracts

Samples: Credit and Guaranty Agreement (Entegris Inc), Credit and Guaranty Agreement (Entegris Inc), Credit and Guaranty Agreement (Tivity Health, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 8 contracts

Samples: Credit and Guaranty Agreement (Tronox Inc), Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 8 contracts

Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in, all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notespromissory notes issued pursuant to Section 2.6, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between Borrower Company and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in (without the consent of Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender Bank, as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of any Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between any Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/), Credit and Guaranty Agreement (PVH Corp. /De/), Counterpart Agreement (Phillips Van Heusen Corp /De/)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign as security and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.), Intercreditor Agreement (RadNet, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of any Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between any Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 4 contracts

Samples: Credit Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/), Counterpart Agreement (PVH Corp. /De/)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of any Borrower or any Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between any Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 4 contracts

Samples: Pledge and Security Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.69.6, any Lender or Issuing Bank may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such LenderLender or Issuing Bank, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderbank; provided that no LenderLender or Issuing Bank, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or “Issuing Bank” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Cheniere Energy Inc), Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 9.6 any Lender may may, without notice to or consent from the Administrative Agent or the Borrower, assign and/or pledge all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other any central bank having jurisdiction over such Lenderbanking authority; provided that no Lender, as between Borrower and such Lender, Lender shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; and provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee Bank be considered to be a “Lender” Lender or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 9.05 any Lender may assign and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any other central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderbank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve BankBank or other central bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 3 contracts

Samples: First Lien Credit Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.610.06 and subject to the limitations set forth in Section 10.06(b)(ii), respectively, any Lender may assign and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other any central bank having jurisdiction over such Lender; provided that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 3 contracts

Samples: Senior Secured Term Loan Facility Agreement (Home Loan Servicing Solutions, Ltd.), Joinder and Second Amendment Agreement (Ocwen Financial Corp), Counterpart Agreement (Ocwen Financial Corp)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in (without the consent of Company, any Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between Borrower Borrowers and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 3 contracts

Samples: Collateral Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank or any other central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderbank; provided provided, that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided further, and provided further that in no event shall the applicable Federal Reserve Bank, central bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (8point3 Energy Partners LP), Credit and Guaranty Agreement (Terraform Global, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank or any other central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderbank; provided that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, central bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Term Loan and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (TerraForm Power, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in, all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be substituted as a “Lender” hereto or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Dip Credit Agreement (Hospitality Investors Trust, Inc.), Restructuring Support Agreement (Hospitality Investors Trust, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of the Borrowers or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender to any Person, including any Federal Reserve Bank or any central bank having jurisdiction over such Lender Bank, as collateral security pursuant to Regulation A of the Board of Governors and any operating offering circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderotherwise; provided provided, that no Lender, as between any Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Ascend Wellness Holdings, LLC), Credit and Guaranty Agreement

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Credit Agreement Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including including, without limitation, any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign as security and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.. 146

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including any pledge or assignment to secure obligations to any Federal Reserve Bank or any other central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderbank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve BankBank or other central bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.), Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.7 (Successors and Assigns; Participations) any Lender or Issuing Bank may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such LenderLender or Issuing Bank, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderbank; provided provided, that no LenderLender or Issuing Bank, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further that in no event shall the 122 applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or “Issuing Bank” or be entitled to require the that assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement (Cheniere Energy, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or to any central bank having jurisdiction over such Lender or to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further that in no event shall the applicable central bank, Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Credit Agreement (PVH Corp. /De/), Credit Agreement (PVH Corp. /De/)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of the Borrower or any Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Covia Holdings Corp), Intercreditor Agreement (Fairmount Santrol Holdings Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender (including to secure obligations owed to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other to any central bank having jurisdiction over such Lenderin accordance with applicable law); provided provided, that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further provided, further, that in no event shall the applicable Federal Reserve Bank, central bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kraton Corp)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 9.6 any Lender may may, without notice to or consent from the Administrative Agent or the Borrower, assign and/or or pledge all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other any central bank having jurisdiction over such Lenderbanking authority; provided that no Lender, as between Borrower and such Lender, Lender shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; and provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee Bank be considered to be a “Lender” Lender or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Las Vegas Sands Corp)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of any Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between any Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.. 207

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/)

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Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign and/or assign, pledge or xxxxx x Xxxx in all or any portion of its Loans, the other Obligations owed by or to such Lender, Lender and its Notespromissory notes issued pursuant to Section 2.6, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that provided, no Lender, as between Borrower Companies and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, further, 172 GS/Landec – Credit and provided further that Guaranty Agreement in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Landec Corp \Ca\)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6‎10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in, all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be substituted as a “Lender” hereto or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit Agreement (Hospitality Investors Trust, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.610.06 and subject to the limitations set forth Section 10.06(b)(ii), respectively, any Lender may assign and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in, all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notespromissory notes issued pursuant to Section 2.6, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between Borrower the Companies and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further provided, further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OneWater Marine Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender (including to secure obligations owed to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other to any central bank having jurisdiction over such Lenderin accordance with applicable law); provided provided, that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve Bank, central bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.610.06 and subject to the limitations set forth Section 10.06(b)(ii), respectively, any Lender may assign and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, Term Loans or the other 165 [[NYCORP:3374084v15:3156W: 11/13/2012--12:30 p]] Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Alon USA Energy, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender or Issuing Bank may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such LenderLender or Issuing Bank, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderbank; provided provided, that no LenderLender or Issuing Bank, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or “Issuing Bank” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Revolving Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (GXS Investments, Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of any Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors 190 NY\6180200.13 and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between any Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (PVH Corp. /De/)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.06 any Lender may assign and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender to any Person, including any Federal Reserve Bank or any central bank having jurisdiction over such Lender Bank, as collateral security pursuant to Regulation A of the Board of Governors and any operating offering circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such Lenderotherwise; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Neogenomics Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 9.06 any Lender may assign and/or pledge (without the consent of the Borrower or the Administrative Agent) all or any portion of its Term Loans, the other Obligations owed by or to such Lender, and its Term Loan Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Globe Specialty Metals Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign and/or pledge (without the consent of the Borrower or Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign assign, pledge and/or pledge grant a security interest in all or any portion of its Term Loans, the other Obligations owed by or to such Lender, and its Term Loan Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (California Coastal Communities Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in (without the consent of Company, any Borrower or the 156 Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided provided, that no Lender, as between Borrower Borrowers and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Lease Agreement (Cit Group Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, 10.6 any Lender may assign assign, pledge and/or pledge grant a security interest in (without the consent of Borrower or the Administrative Agent) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that no Lender, as between Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Cit Group Inc)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.6, any Lender may assign and/or assign, pledge or xxxxx x Xxxx in all or any portion of its Loans, the other Obligations owed by or to such Lender, Lender and its Notespromissory notes issued pursuant to Section 2.6, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that provided, no Lender, as between Borrower Companies and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and provided further that further, in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder. 10.7.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 10.611.6, any Lender may may, without the consent of NewPageCo or the Administrative Agent, assign and/or pledge all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including including, without limitation, any Federal Reserve Bank or any central bank having jurisdiction over such Lender as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank or such other central bank having jurisdiction over such LenderBank; provided that provided, no Lender, as between Borrower NewPageCo and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further that further, in no event shall the applicable Federal Reserve Bank, pledgee or trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder, until such time as such Federal Reserve Bank, pledgee or trustee has complied with the provisions of this Section 11.6 regarding assignments.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NewPage CORP)

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