Co-Lender Agreement. On the Closing Date the Trustee is hereby directed to execute each Co-Lender Agreement.
Co-Lender Agreement. Borrowers hereby acknowledge and agree that any one or more co-lender agreements may at any time be entered into between Agent and any or all Lenders (each, a “Co-Lender Agreement”) pursuant to which, among other things, the Lenders shall agree upon rights of the Lenders as among themselves and the manner in which Agent shall administer the Loan. Any Co-Lender Agreement will be solely for the benefit of Agent and the applicable Lenders, and neither any Borrower Party nor any other Person shall be a third-party beneficiary of any of the provisions therein, or have any rights thereunder or be entitled to rely on any of the provisions contained therein. Neither Agent nor any Lenders shall have any obligation to disclose to any Borrower Party or any of its Affiliates the contents of any Co-Lender Agreement. The Borrower Party’s obligations under the Loan Documents are and will be independent of any Co-Lender Agreement and shall remain unmodified by the provisions thereof (although Borrowers acknowledge that with respect to certain approvals, calculations and other decisions hereunder, any Co-Lender Agreement may require Agent to consult with or receive the approval of one or more Lenders prior to providing its own approval or determination regarding the same).
Co-Lender Agreement. Borrowers acknowledge that Administrative Agent and any other Lender hereunder may from time to time enter into one or more agreements (any such agreement as the same may be modified, amended, restated supplemented or replaced from time to time, a “Co-Lender Agreement”) governing the relationship among Lender with respect to the Loan and the Loan Documents. Any such Co-Lender Agreements are intended solely for the benefit of Administrative Agent and Lender, and the Borrowers acknowledge that none of Borrowers, any Guarantor, and any Affiliate of Borrowers or any Guarantor is an intended third-party beneficiary of any Co- Lender Agreement and shall not be entitled to rely on any of the terms or provisions contained therein. Neither Administrative Agent nor any Lender shall have any obligation to provide a copy of any Co-Lender Agreement to Borrowers, any Guarantor or any Affiliate of Borrowers or any Guarantor or to otherwise disclose to Borrowers or any other such party the contents of any Co-Lender Agreement.
Co-Lender Agreement. Borrower hereby acknowledges and agrees that if at any time there is more than one Lender hereunder, such Lenders may enter into one or more agreements (any such agreement as the same may be modified, amended, restated supplemented or replaced from time to time, a “Co-Lender Agreement”) governing the relationship between such parties, including, without limitation, the rights of such Lenders and the manner in which such Lenders shall administer the Loan. Any Co-Lender Agreement is intended and will be solely for the benefit of the Lender, and Borrower acknowledges and agrees that neither any Borrower Party nor any other Person shall be a third-party beneficiary (intended or otherwise) of any of the provisions therein, or have any rights thereunder or be entitled to rely on any of the provisions contained therein. Lender shall not have any obligation to provide a copy of any Co-Lender Agreement to any Borrower Party or any Affiliate of any Borrower Party or to disclose to any Borrower Party or any Affiliate of any Borrower Party the contents of any Co-Lender
Co-Lender Agreement. Except as otherwise set forth in this Agreement, in the event of any conflict between the terms of the Co-Lender Agreement and this Agreement, the terms of this Agreement shall govern and control. Any action, consent, direction, notice, instruction, request, determination or exercise of rights or remedies by the Lenders or the Requisite Lenders hereunder shall be subject to the terms of the Co-Lender Agreement with respect to the rights of the Lenders party thereto to take action or to cause any Agent to take action or refrain from taking action hereunder, or to prevent other Lenders party thereto from taking action or causing any Agent to take action or refrain from taking action hereunder, in each case, in accordance with the terms of the Co-Lender Agreement and the Administrative Agent shall be permitted to so act or refrain from acting (including, without limitation, with respect to exercising remedies and any other rights and powers provided for herein) in accordance therewith. The Administrative Agent shall be permitted to direct payments made by the Borrowers for the account of the Lenders party to the Co- 105 Lender Agreement as provided for therein, including, without limitation, the application of such payments to any tranche of Loans. All references to the Co-Lender Agreement hereunder shall have no force or effect until such time as the Agent and the Lenders shall have executed the Co-Lending Agreement and the Administrative Agent shall have provided the Borrowers notice thereof. Neither the Borrowers nor any Guarantor shall have any right to consent to the terms of the Co-Lender Agreement or any modification thereof.
Co-Lender Agreement. Borrower acknowledges that the Banks (and each Designated Bid Lender at any time party to a Designation Agreement) have executed a Co-Lender Agreement (as amended from time to time, the "Co-Lender Agreement") to supplement the Loan Documents with respect to the relationship of the Banks, the Designated Bid Lenders and Agent among themselves in connection with the credit facilities provided under the Loan Documents. The Co-Lender Agreement is not a Loan Document. Each of Sanwa Bank California and U.S. Bank acknowledges that, upon the execution and delivery of this Agreement by all parties, it shall become a party to (i) the other Loan Documents (other than the separate letter understanding between Borrower and BofA referred to in Section 2.1(e), which separate letter understanding shall hereafter constitute the "Supplemental Letter" for purposes of any other Loan Document or the Co- Lender Agreement) to which the Banks are party and (ii) the Co-Lender Agreement, and shall succeed to all of the rights and be obligated to perform all of the obligations of a Bank under the Loan Documents. Each of Sanwa Bank California and U.S. Bank agrees that it will perform all of the obligations required to be performed by it as a Bank under the Loan Documents and the Co-Lender Agreement.
Co-Lender Agreement. Borrower hereby acknowledges and agrees that if Lender assigns any portion of its interest in the Loan pursuant to Section 9.7, Lender and any such assignees may enter into one or more co-lender agreements (each, a “Co-Lender Agreement”) pursuant to which, among other things, Lender shall agree upon rights of Lender and such assignees as among themselves and the manner in which Lender shall administer the Loan. Any Co-Lender Agreement will be solely for the benefit of Lender and the applicable assignees, and no Borrower Party nor any other Person shall be a third party beneficiary of any of the provisions therein, or have any rights thereunder or be entitled to rely on any of the provisions contained therein. Neither Lender nor any assignee shall have any obligation to disclose to Borrower Parties or any of their respective Affiliates the contents of any Co-Lender Agreement. Each Borrower Party’s obligations under the Loan Documents are and will be independent of any Co-Lender Agreement and shall remain unmodified by the provisions thereof (although Borrower acknowledges that with respect to certain approvals, calculations and other decisions hereunder, any Co-Lender Agreement may require Lender to consult with or receive the approval of one or more Persons who are a party to such Co-Lender Agreement prior to providing its own approval or determination regarding the same, it being agreed, however, that any such additional approval of a co-Lender shall not modify the standard of approval that Lender is bound to pursuant to the terms of this Agreement).
Co-Lender Agreement. Notwithstanding any other term of this Agreement, or the Defeasance Documents to the contrary, so long as the Co-Lender Agreement is in full force and effect, any and all amounts received by holders of each of the Notes in accordance with the terms of the Defeasance Documents shall be subject to the terms and conditions of the Co-Lender Agreement.
Co-Lender Agreement. The Banks, Administrative Agent and the Documentation and Syndication Agent shall have entered into the Co-Lender Agreement.
Co-Lender Agreement. Borrower acknowledges that Banks are acting as co-lenders pursuant to a Co-Lender Agreement of even date herewith. The Banks' rights as co-lender are set forth more fully in the Co-Lender Agreement. In addition, INTRUST Bank, N.A. is acting as agent for National Bank of Canada in connection with the Collateral as set forth more fully in the Co-Lender Agreement. Borrower agrees notwithstanding anything to the contrary herein, no Bank shall be liable for the failure of the other Bank to perform its obligations hereunder. Without limiting the generality of the foregoing, if one Bank fails to fund the amount due hereunder the remaining Bank shall have no further liability or obligation to fund amounts required to be funded hereunder and Borrower shall have no claim against such Bank for failure to fund. Each Bank has a 50% interest in the Facility and the Term Note.
