Creditor Party Sample Clauses

Creditor Party rights unaffected Nothing in this Clause 31 shall exclude or limit any right which any Creditor Party may have (whether under the law of any country, an international convention or otherwise) with regard to the bringing of proceedings, the service of process, the recognition or enforcement of a judgment or any similar or related matter in any jurisdiction.
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Creditor Party accounts Each Creditor Party shall maintain accounts showing the amounts owing to it by the Borrower and each Security Party under the Finance Documents and all payments in respect of those amounts made by the Borrower and any Security Party. 17.10
Sample 1

Related to Creditor Party

  • The Agent Each of the Lenders hereby irrevocably appoints the Agent as its agent and authorizes the Agent to take such actions on its behalf and to exercise such powers as are delegated to the Agent by the terms of the Loan Documents, together with such actions and powers as are reasonably incidental thereto. In the event the institution serving as the Agent hereunder shall also be a Lender, it shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent, and such institution and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Level 3, the Borrower or any Subsidiary or Affiliate thereof as if it were not the Agent hereunder. The Agent shall not have any duties or obligations except those expressly set forth in the Loan Documents. Without limiting the generality of the foregoing, (a) the Agent shall not be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing, (b) the Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Loan Documents that the Agent is required to exercise in writing by the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02), and shall not have any duty to take any action or exercise any powers that would result in the incurrence by it of costs or expenses unless arrangements satisfactory to it to ensure the prompt payment of all such costs or expenses shall have been made by the Lenders, and (c) except as expressly set forth in the Loan Documents, the Agent shall not have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to Xxxxx 0, the Borrower or any of the Subsidiaries of Level 3 that is communicated to or obtained by the institution serving as Agent or any of its Affiliates in any capacity. The Agent shall not be liable for any action taken or not taken by it with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02) or in the absence of its own gross negligence or willful misconduct. The Agent shall be deemed not to have knowledge of any Default unless and until written notice thereof is given to the Agent by Xxxxx 0, the Borrower or a Lender, and the Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with any Loan Document, (ii) the contents of any certificate, report or other document delivered thereunder or in connection therewith, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth in any Loan Document, (iv) the validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document, or (v) the satisfaction of any condition set forth in Article IV or elsewhere in any Loan Document, other than to confirm receipt of items expressly required to be delivered to the Agent. As to any matters not expressly provided for by this Agreement and the other Loan Documents (including enforcement or collection), the Administrative Agent and the Collateral Agent shall not be required to exercise any discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the instructions of the Requisite Lenders, and such instructions shall be binding upon all Lenders, provided, however, that the Administrative Agent and the Collateral Agent shall not be required to take any action that (i) the Administrative Agent or the Collateral Agent in good faith believes exposes it to personal liability unless it receives an indemnification satisfactory to it from the Lenders with respect to such action or (ii) is contrary to this Agreement or applicable law. The Agent shall be entitled to rely upon, and shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing believed by it to be genuine and to have been signed or sent by the proper Person. The Agent also may rely upon any statement made to it orally or by telephone and believed by it to be made by the proper Person, and shall not incur any liability for relying thereon. The Agent may consult with legal counsel (who may be counsel for Level 3 or the Borrower), independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts. The Agent may perform any and all its duties and exercise its rights and powers by or through any one or more sub-agents appointed by the Agent. The Agent and any such sub-agent may perform any and all its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding paragraphs shall apply to any such sub-agent and to the Related Parties of each Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as Agent. Subject to the appointment and acceptance of a successor as provided in this paragraph, the Agent may resign at any time by notifying the Lenders and Level 3. Upon any such resignation, the Required Lenders shall have the right, with, so long as no Default or Event of Default shall have occurred and be continuing, the consent of Level 3 (which consent shall not be unreasonably withheld or delayed) to appoint a successor. If no successor shall have been so appointed by the Required Lenders and shall have accepted such appointment within 30 days after the retiring Agent gives notice of its resignation, then the retiring Agent may, on behalf of the Lenders, appoint a successor Agent which shall be a Lender or a bank with an office in New York, New York, or an Affiliate of such Lender or any such bank. Upon the acceptance of its appointment as Agent hereunder by a successor, such successor shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. The fees payable by Level 3 and the Borrower to a successor Agent shall be the same as those payable to its predecessor unless otherwise agreed with such successor. After the Agent’s resignation hereunder, the provisions of this Article and Section 9.03 shall continue in effect for the benefit of such retiring Agent, its sub-agents and their respective Related Parties in respect of any actions taken or omitted to be taken by any of them while it was acting as Agent. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Agent or any other Lender and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document or related agreement or any document furnished hereunder or thereunder.

  • Security Agent (a) Each other Finance Party appoints the Security Agent to act as its agent and (to the extent permitted under any applicable law) trustee under and in connection with the Security Documents and confirms that the Security Agent shall have a lien on the Security Documents and the proceeds of the enforcement of those Security Documents for all moneys payable to the beneficiaries of those Security Documents.

  • The Lender We can choose to assign or transfer any of our rights or obligations under this Agreement without your or the Guarantor’s specific consent, and each of our assignees and transferees has the same rights against you and the Guarantor under the Relevant Documents as if it were named in this Agreement as the Lender.

  • Secured Party In performing its obligations under this Agreement, the Secured Party is subject to, and entitled to the benefits of, the terms of the Indenture that apply to the Indenture Trustee.

  • Authorised Persons If § 3.4 (Authorised Persons) is specified as applying to a Party in the Election Sheet, Individual Contracts may be negotiated, confirmed and signed on behalf of that Party exclusively by those persons listed by it for such purposes as may be specified in an Annex to this General Agreement. Each Party may unilaterally amend and supplement in writing the list of persons currently authorised to act on its behalf at any time. Such amendments and supplements shall become effective upon their receipt by the other Party.

  • AGENT AND LENDERS ​ ​ ​ EICF AGENT LLC, as Agent ​ ​ ​ By: /s/ Xxxxx Xxxxxxx ​ Name: Xxxxx Xxxxxxx ​ Title: Authorized Signatory ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ ​ ENERGY IMPACT CREDIT FUND I LP, ​ as a Lender ​ ​ ​ By: Energy Impact Credit Fund I GP LLC, its general partner ​ ​ ​ By: /s/ Xxxxx Xxxxxxx ​ Name: Xxxxx Xxxxxxx ​ Title: Managing Partner ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ ​ CION INVESTMENT CORPORATION, ​ as a Lender ​ ​ ​ By: /s/ Xxxxx Xxxxxxx ​ Name: Xxxxx Xxxxxxx ​ Title: President & Chief Investment Officer ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ ​ XXXXXX XXXX FUNDING II, LLC, as a Lender ​ ​ ​ By: /s/ Xxxxx Xxxxxxx ​ Name: Xxxxx Xxxxxxx ​ Title: President ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ ​ CROWDOUT CAPITAL LLC, as a Lender ​ ​ ​ By: /s/ Xxxxxxxxx Xxxxxxxxxx ​ Name: Xxxxxxxxx Xxxxxxxxxx ​ Title: Chief Executive Officer ​ ​ ​ ​ CROWDOUT CREDIT OPPORTUNITIES FUND LLC, as a Lender ​ ​ ​ By: /s/ Xxxxxxxxx Xxxxxxxxxx ​ Name: Xxxxxxxxx Xxxxxxxxxx ​ Title: Chief Executive Officer ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ ​ ​ ​ ​ BORROWERS: ​ ​ ​ XXXXXXXX INDUSTRIAL SERVICES GROUP INC., as Borrower ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Senior Vice President, Chief Administrative Officer, General Counsel and Secretary ​ ​ ​ ​ XXXXXXXX INDUSTRIAL SERVICES GROUP, L.L.C., as Borrower ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Secretary ​ ​ ​​ ​ ​ ​ XXXXXXXX INDUSTRIAL SERVICES, LLC, as Borrower ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Assistant Secretary ​ ​ ​​ ​ ​ ​ XXXXXXXX SPECIALTY SERVICES, LLC, as Borrower ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Assistant Secretary ​ ​ ​ ​ ​ XXXXXXXX PLANT SERVICES, LLC, as Borrower ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Assistant Secretary ​ ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ ​ XXXXXXXX GLOBAL SERVICES, INC., as Borrower ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Secretary ​ ​ CONSTRUCTION & MAINTENANCE PROFESSIONALS, LLC, as Borrower ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Secretary ​ ​ ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ ​ GUARANTORS: ​ ​ ​ GLOBAL POWER PROFESSIONAL SERVICES INC., as Guarantor ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: President ​ ​ GPEG, LLC, as Guarantor ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Vice President ​ ​ STEAM ENTERPRISES LLC, as Guarantor ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: President ​ ​ WISG CANADA LTD., as Guarantor ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Secretary ​ ​ WISG NUCLEAR LTD., as Guarantor ​ ​ ​ By: /s/ Xxxxxx X. Xxxxxxx ​ Name: Xxxxxx X. Xxxxxxx ​ Title: Chief Financial Officer ​ ​ WISG ELECTRICAL LTD., as Guarantor ​ ​ ​ By: /s/ Xxxxxx X. Xxxxxxx ​ Name: Xxxxxx X. Xxxxxxx ​ Title: Chief Financial Officer ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ ​ WISG ELECTRICAL, LLC, a New York limited liability company, as Guarantor ​ ​ ​ By: /s/ Xxxxxxx X. Xxxxxxxx ​ Name: Xxxxxxx X. Xxxxxxxx ​ Title: Secretary ​ ​ FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ ​ Exhibit A Marked Loan Agreement See attached. ​ ​ ​ ​ CONFORMED COPY – NOT EXECUTED IN THIS FORM INCORPORATING FIRST AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF JUNE 30, 2022, SECOND AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF DECEMBER 30, 2022, THIRD AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF JANUARY 9, 2023 AND , FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF FEBRUARY 24, 2023, AND FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF MARCH 31, 2023 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ​ DATED AS OF DECEMBER 16, 2020 ​ AMONG ​ EICF AGENT LLC, ​ AS AGENT FOR THE LENDERS SIGNATORY HERETO, ​ XXXXXXXX INDUSTRIAL SERVICES GROUP INC., ​ AS BORROWER ​ AND ​ THE OTHER CREDIT PARTIES SIGNATORY HERETO ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ XXXXXXX AND XXXXXX LLP 0000 Xxxxxx xx xxx Xxxxxxxx, 00xx Xxxxx New York, New York 10020 ​ ​ ​ ​ ​ TABLE OF CONTENTS ​ ​ ​ ​ ​ ​ PAGE ​ ​ ​

  • Account Party The Borrower hereby authorizes and directs any Letter of Credit Issuer to name the Borrower as the “Account Party” in the Letters of Credit and to deliver to the Agent all instruments, documents and other writings and property received by the applicable Letter of Credit Issuer pursuant to the Letters of Credit, and to accept and rely upon the Agent’s instructions and agreements with respect to all matters arising in connection with the Letters of Credit or the applications therefor.

  • The Administrative Agent and the Collateral Agent Each of the Lenders and the Issuing Bank hereby irrevocably appoints the Administrative Agent and the Collateral Agent (for purposes of this Article VIII, the Administrative Agent and the Collateral Agent are referred to collectively as the "Agents") its agent and authorizes the Agents to take such actions on its behalf and to exercise such powers as are delegated to such Agent by the terms of the Loan Documents, together with such actions and powers as are reasonably incidental thereto. Without limiting the generality of the foregoing, the Agents are hereby expressly authorized to execute any and all documents (including releases) with respect to the Collateral and the rights of the Secured Parties with respect thereto, as contemplated by and in accordance with the provisions of this Agreement and the Security Documents. The bank serving as the Administrative Agent and/or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, the Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder. Neither Agent shall have any duties or obligations except those expressly set forth in the Loan Documents. Without limiting the generality of the foregoing, (a) neither Agent shall be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing, (b) neither Agent shall have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby that such Agent is required to exercise in writing by the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.08), and (c) except as expressly set forth in the Loan Documents, neither Agent shall have any duty to disclose, nor shall it be liable for the failure to disclose, any information relating to Holdings, the Borrower or any of the Subsidiaries that is communicated to or obtained by the bank serving as Administrative Agent and/or Collateral Agent or any of its Affiliates in any capacity. Neither Agent shall be liable for any action taken or not taken by it with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.08) or in the absence of its own gross negligence or wilful misconduct. Neither Agent shall be deemed to have knowledge of any Default unless and until written notice thereof is given to such Agent by Holdings, the Borrower or a Lender, and neither Agent shall be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with any Loan Document, (ii) the contents of any certificate, report or other document delivered thereunder or in connection therewith, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth in any Loan Document, (iv) the validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document, or (v) the satisfaction of any condition set forth in Article IV or elsewhere in any Loan Document, other than to confirm receipt of items expressly required to be delivered to such Agent. Each Agent shall be entitled to rely upon, and shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing believed by it to be genuine and to have been signed or sent by the proper person. Each Agent may also rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper person, and shall not incur any liability for relying thereon. Each Agent may consult with legal counsel (who may be counsel for the Borrower), independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts. Each Agent may perform any and all its duties and exercise its rights and powers by or through any one or more sub-agents appointed by it. Each Agent and any such sub-agent may perform any and all its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of the preceding paragraphs shall apply to any such sub-agent and to the Related Parties of each Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as Agent. Subject to the appointment and acceptance of a successor Agent as provided below, either Agent may resign at any time by notifying the Lenders, the Issuing Bank and the Borrower. Upon any such resignation, the Required Lenders shall have the right, in consultation with the Borrower and, unless an Event of Default shall have occurred and be continuing, with the consent of the Borrower (which shall not be unreasonably withheld), to appoint a successor. If no successor shall have been so appointed by the Required Lenders and shall have accepted such appointment within 30 days after the retiring Agent gives notice of its resignation, then the retiring Agent may, on behalf of the Lenders and the Issuing Bank, appoint a successor Agent which shall be a bank with an office in New York, New York, or an Affiliate of any such bank. Upon the acceptance of its appointment as Agent hereunder by a successor, such successor shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. The fees payable by the Borrower to a successor Agent shall be the same as those payable to its predecessor unless otherwise agreed between the Borrower and such successor. After an Agent's resignation hereunder, the provisions of this Article and Section 9.05 shall continue in effect for the benefit of such retiring Agent, its sub-agents and their respective Related Parties in respect of any actions taken or omitted to be taken by any of them while acting as Agent. Each Lender acknowledges that it has, independently and without reliance upon the Agents or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Agents or any other Lender and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement or any other Loan Document, any related agreement or any document furnished hereunder or thereunder.

  • SECURITY TRUSTEE SIGNED by ) for and on behalf of ) THE BANK OF NEW YORK )

  • Secured Party and Pledgor All references in this Annex to the “Secured Party” will be to either party when acting in that capacity and all corresponding references to the “Pledgor” will be to the other party when acting in that capacity; provided, however, that if Other Posted Support is held by a party to this Annex, all references herein to that party as the Secured Party with respect to that Other Posted Support will be to that party as the beneficiary thereof and will not subject that support or that party as the beneficiary thereof to provisions of law generally relating to security interests and secured parties.

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