Common use of Concerning the Collateral and the Related Loan Documents Clause in Contracts

Concerning the Collateral and the Related Loan Documents. Each Lender authorizes and directs the Agent to enter into this Agreement and the other Loan Documents relating to the Collateral, for the ratable benefit of the Agent and the Lenders. Each Lender agrees that any action taken by the Agent, Majority Lenders, Required Lenders or all Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the Collateral, and the exercise by the Agent, the Majority Lenders, the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Agent Advances, Bank Loans, Hedge Agreements, Bank Products and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 4 contracts

Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.)

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Concerning the Collateral and the Related Loan Documents. (a) Each Lender authorizes and directs the Administrative Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Administrative Agent and the Lenders. Each Lender agrees that any action taken by the Administrative Agent, the Majority Lenders, Required Lenders or all the Required Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Administrative Agent, the Majority Lenders, Lenders or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Agent Advances, Bank Non-Ratable Loans, Hedge AgreementsAgreements between any of the Loan Parties and the Bank, any other Lender or any of their respective Affiliates, Bank Products and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Foamex International Inc), Possession Credit Agreement (Foamex L P)

Concerning the Collateral and the Related Loan Documents. (a) Each Lender authorizes and directs the Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Agent and the Lenders. Each Lender agrees that any action taken by the Agent, the Required Lenders, the Majority Lenders, Required Lenders or all Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Required Lenders, the Majority Lenders, the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Agent Advances, Bank Non-Ratable Loans, Hedge Agreements, Bank Products Products, and all interest, fees fees, and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc/)

Concerning the Collateral and the Related Loan Documents. Each Lender authorizes and directs the Agent to enter into this Agreement and the other Loan Documents relating to and the CollateralIntercreditor Agreement, for the ratable benefit and obligation of the Agent and the Lenders. Each Lender agrees that any action taken by the Agent, Majority Lenders, Required Lenders or all Required Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Majority Lenders, or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Term Loans, Agent Advances, Bank Non-Ratable Loans, Hedge Agreements, Bank Products and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 1 contract

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

Concerning the Collateral and the Related Loan Documents. Each Lender authorizes and directs the Agent and each Co-Collateral Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Agent and the Lenders. Each Lender agrees that any action taken by the Agent any Co-Collateral Agent, the Majority Lenders, Required Lenders or all Required Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Majority Lenders, Lenders or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Agent Advances, Bank Non-Ratable Loans, Hedge Agreements, Bank Products (subject to the applicable provisions of this Agreement) and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Concerning the Collateral and the Related Loan Documents. (a) Each Lender authorizes and directs the Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Agent and the Lenders. Each Lender agrees that any action taken by the Agent, Majority Lenders, Required Lenders or all Required Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Majority Lenders, or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Agent Advances, Bank Non-Ratable Loans, Hedge Agreements, Bank Products and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.. ---- -----

Appears in 1 contract

Samples: Credit Agreement (Gfsi Inc)

Concerning the Collateral and the Related Loan Documents. Each Lender authorizes and directs the Agent to enter into this Agreement and the other Loan Documents relating to and the CollateralIntercreditor Agreement, for the ratable benefit and obligation of the Agent and the Lenders. Each Lender agrees that any action taken by the Agent, Majority Lenders, Required Lenders or all Required Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Majority Lenders, or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Agent Advances, Bank Non-Ratable Loans, Hedge Agreements, Bank Products and all interest, fees and expenses hereunder constitute one Debt, secured pari passu PARI PASSU by all of the Collateral, which Liens on the Term Loan Collateral shall be subordinated to the Liens securing the Term Loan.

Appears in 1 contract

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

Concerning the Collateral and the Related Loan Documents. Each Lender authorizes and directs the each Appointed Agent to enter into this Agreement and the other Loan Documents relating to Documents, including the CollateralIntercreditor Agreement, any Permitted Intercreditor Agreement and any other intercreditor agreement, for the ratable benefit and obligation of the Agent Appointed Agents and the Lenders. Each Lender agrees that any action taken by any Appointed Agent or the Agent, Majority Lenders, Required Lenders or all Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Majority Lenders, any Appointed Agent or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, applicable Agent Advances, Bank applicable Swingline Loans, Hedge Agreements, Bank Products (including all Hedge Agreements) and all interest, fees and expenses hereunder constitute one Debt, secured pari passu equally by all of the applicable Collateral, subject to the order of distribution set forth in Section 10.2.

Appears in 1 contract

Samples: Credit Agreement (Nesco Holdings, Inc.)

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Concerning the Collateral and the Related Loan Documents. Each Lender authorizes and directs the Agent and the Co-Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Agent, the Co-Agent and the Lenders. Each Lender agrees that any action taken by the Agent, the Co-Agent, Majority Lenders, Required Lenders or all Required Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Majority Lenders, or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, the Term Loan, Agent Advances, Bank Non-Ratable Loans, Hedge Agreements, Bank Products and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Concerning the Collateral and the Related Loan Documents. Each Lender authorizes and directs the Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Agent and the Lenders. Each Lender agrees that any action taken by the Agent, the Majority Lenders, or the Required Lenders or all Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Majority Lenders, or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Loans (including, without limitation, the Revolving Loans, Agent Advances, Bank the Term Loans, Hedge Agreementsthe Agent Advances and the Non-Ratable Loans), Bank Products (including Hedge Agreements), and all interest, fees fees, and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Concerning the Collateral and the Related Loan Documents. (a) Each Lender authorizes and directs the Administrative Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Administrative Agent and the Lenders. Each Lender agrees that any action taken by the Administrative Agent, the Majority Lenders, Required Lenders or all the Administrative Agent at the direction of the Majority Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Administrative Agent, the Majority Lenders, the Required Lenders or all the Administrative Agent at the direction of the Majority Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving New Term Loans, Agent Advancesthe Secured Swap Obligations, Bank Loans, Hedge Agreements, Bank Products the LC Obligations and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 1 contract

Samples: Possession Credit Agreement (Foamex International Inc.)

Concerning the Collateral and the Related Loan Documents. (a) Each Lender authorizes and directs the Administrative Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Administrative Agent and the Lenders. Each Lender agrees that any action taken by the Administrative Agent, the Majority Lenders, Required Lenders or all the Required Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Administrative Agent, the Majority Lenders, Lenders or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Term Loans, Agent Advances, Bank Non-Ratable Loans, Hedge AgreementsAgreements between any of the Loan Parties and the Bank, any other Lender or any of their respective Affiliates, Bank Products and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Foamex International Inc)

Concerning the Collateral and the Related Loan Documents. Each Lender authorizes and directs the Collateral Agent to enter into this Agreement and the other Loan Documents relating to the CollateralDocuments, for the ratable benefit and obligation of the Collateral Agent and the Lenders. Each Lender agrees that any action taken by the Agent, Majority Lenders, Collateral Agent or Required Lenders or all Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the CollateralDocuments, and the exercise by the Agent, the Majority Lenders, Collateral Agent or the Required Lenders or all Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders. The Lenders acknowledge that the Revolving Loans, Term Loans, Agent Advances, Bank Non-Ratable Loans, Hedge Agreements, Bank Products and all interest, fees and expenses hereunder constitute one Debt, secured pari passu by all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Miller Industries Inc /Tn/)

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