Collateral Sharing. All Liens granted under each Loan Document (the "Collateral Documents") shall secure ratably and on a pari passu basis (a) the Obligations in favor of the Agent and the Lenders hereunder, and (b) the Obligations incurred by the Borrower in favor of any Lender and Lender's Affiliates which provides a Lender Provided Interest Rate Hedge (the "IRH Provider"). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "Collateral Agent") for the IRH Provider and the Lenders hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders to direct the Agent), as to all matters relating to the collateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateral.
Appears in 2 contracts
Sources: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)
Collateral Sharing. All Liens granted under each the Collateral Documents and any other Loan Document (the "Collateral Documents") shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Administrative Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by any of the Borrower Loan Parties in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank-Provided Interest Rate Hedge (the "“IRH Provider"”). The Administrative Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "“Collateral Agent"”) for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Administrative Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents Document empowers the Lenders Banks to direct the Administrative Agent), as to all matters relating to the collateralCollateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateralCollateral.
Appears in 2 contracts
Sources: Revolving Credit Facility (Triumph Group Inc), Revolving Credit Facility (Triumph Group Inc)
Collateral Sharing. All Liens granted under each Loan Document (the "Collateral Documents") shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by any of the Borrower Loan Parties in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank Provided Interest Rate Hedge (the "IRH Provider"). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "Collateral Agent") for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Agent), as to all matters relating to the collateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateral.
Appears in 1 contract
Sources: Revolving Credit Facility (New Jersey Resources Corp)
Collateral Sharing. All Liens granted under each Loan Document (the "“Collateral Documents"”) shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by any of the Borrower Loan Parties in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank-Provided Interest Rate Hedge (the "“IRH Provider"”). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "“Collateral Agent"”) for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Agent), as to all matters relating to the collateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateral.
Appears in 1 contract
Collateral Sharing. All Liens granted under each Loan Document (of the "Collateral Documents") Documents shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Administrative Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by the Borrower or any Guarantor in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank-Provided Interest Rate Hedge (the "“IRH Provider"”). The Administrative Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "“Collateral Agent"”) for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Administrative Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Administrative Agent), as to all matters relating to the collateralCollateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateral.Collateral
Appears in 1 contract
Collateral Sharing. All Liens granted under each the Pledge Agreement and any other Loan Document (the "“Collateral Documents"”) shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by any of the Borrower Loan Parties in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank-Provided Interest Rate Hedge (the "“IRH Provider"”). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "“Collateral Agent"”) for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Agent), as to all matters relating to the collateralCollateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateralCollateral.
Appears in 1 contract
Sources: Credit Agreement (Ii-Vi Inc)
Collateral Sharing. All Liens granted under each the Pledge Agreement and any other Loan Document (the "Collateral Documents") shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by any of the Borrower Loan Parties in favor of any Lender and Lender's Affiliates Bank which provides a Lender Provided an Interest Rate Hedge or Currency Hedge (in each case, the "IRH Provider"). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "Collateral Agent") for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Agent), as to all matters relating to the collateralCollateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateralCollateral.
Appears in 1 contract
Sources: Senior Multi Currency Revolving Credit Facility (Viasys Healthcare Inc)
Collateral Sharing. All Liens granted under each Loan Document (of the "Collateral Documents") Documents shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Administrative Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by the Borrower or any Guarantor in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank-Provided Interest Rate Hedge (the "IRH Provider"). The Administrative Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "Collateral Agent") for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Administrative Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Administrative Agent), as to all matters relating to the collateralCollateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateralCollateral."
Appears in 1 contract
Collateral Sharing. All Liens granted under each Loan Document (the "“Collateral Documents"”) shall secure ratably and on a pari passu basis (a) the Obligations in favor of the Agent and the Lenders hereunder, and (b) the Obligations incurred by the Borrower in favor of any Lender and Lender's ’s Affiliates which provides a Lender Provided Interest Rate Hedge (the "“IRH Provider"”). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "“Collateral Agent"”) for the IRH Provider and the Lenders hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders to direct the Agent), as to all matters relating to the collateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateral.
Appears in 1 contract
Collateral Sharing. All Liens granted under each Loan Document (the "Collateral Documents") shall secure ratably and on a pari passu paripassu basis (ai) the Obligations in favor of the Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by any of the Borrower Loan Parties in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank Provided Interest Rate Hedge (the "IRH Provider"). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "Collateral Agent") for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Agent), as to all matters relating to the collateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateral.
Appears in 1 contract
Collateral Sharing. All Liens granted under each Loan Document (the "Collateral Documents") shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by any of the Borrower Loan Parties in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank-Provided Interest Rate Hedge (the "IRH Provider"). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "Collateral Agent") for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Agent), as to all matters relating to the collateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateral.
Appears in 1 contract
Collateral Sharing. All Liens granted under each Loan Document (the "Collateral Documents") shall secure ratably and on a pari passu basis (ai) the Obligations in favor of the Agent and the Lenders hereunder, Banks hereunder and (bii) the Obligations incurred by the Borrower in favor of any Lender and Lender's Affiliates Bank which provides a Lender Bank-Provided Interest Rate Hedge (the "IRH Provider"). The Agent under the Collateral Documents shall be deemed to serve as the collateral agent (the "Collateral Agent") for the IRH Provider and the Lenders Banks hereunder, provided that the Collateral Agent shall comply with the instructions and directions of the Agent (or the Lenders Banks under this Agreement to the extent that this Agreement or any other Loan Documents empowers the Lenders Banks to direct the Agent), as to all matters relating to the collateral, including the maintenance and disposition thereof. No IRH Provider (except in its capacity as a Lender Bank hereunder) shall be entitled or have the power to direct or instruct the Collateral Agent on any such matters or to control or direct in any manner the maintenance or disposition of the collateral.
Appears in 1 contract