Common use of Intercreditor Arrangements Clause in Contracts

Intercreditor Arrangements. Each of the Lenders hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender (and each Person that becomes a Lender hereunder pursuant to Section 10.08) hereby (i) acknowledges that CS, GECC and Wachovia are acting under the Intercreditor Agreement in multiple capacities as the Administrative Agent and/or the Collateral Agent and the administrative and and/or the collateral agent with respect to the Revolving Credit Facility) and (ii) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against CS, GECC or Wachovia any claims, causes of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender (and each Person that becomes a Lender hereunder pursuant to Section 10.08) hereby authorizes and directs CS, GECC and Wachovia to enter into the Intercreditor Agreement on behalf of such Lender and agrees that CS, GECC and Wachovia, in their various respective capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and any other Loan Document, the terms of the Intercreditor Agreement shall govern and control except as expressly set forth in the Intercreditor Agreement.

Intercreditor Arrangements. Each of the Lenders hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender (and each Person that becomes a Lender hereunder pursuant to Section 10.0810.07) hereby (i) acknowledges that CSCiticorp USA, GECC and Wachovia are Inc. is acting under the Intercreditor Agreement in multiple capacities as the Administrative Agent (and/or the Collateral Agent Agent) and the administrative and Revolving Facility Administrative Agent (and/or the collateral agent with respect to “Collateral Agent” under the Revolving Credit Facility) and (ii) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against CSCiticorp USA, GECC or Wachovia Inc. any claims, causes of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender (and each Person that becomes a Lender hereunder pursuant to Section 10.0810.07) hereby authorizes and directs CSCiticorp USA, GECC and Wachovia Inc. to enter into the Intercreditor Agreement on behalf of such Lender and agrees that CSCiticorp USA, GECC and WachoviaInc., in their its various respective capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and any other Loan Documentthe Collateral Documents, the terms of the Intercreditor Agreement shall govern and control except as expressly set forth in the Intercreditor Agreement.

Intercreditor Arrangements. Each of the Lenders Lender Parties hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.0810.07) hereby (i) acknowledges that CSCiticorp USA, GECC and Wachovia are Inc. is acting under the Intercreditor Agreement in multiple capacities as the Administrative Agent (and/or the Collateral Agent Agent) and the administrative and Term Facility Administrative Agent (and/or the collateral agent with respect to “Collateral Agent” under the Revolving Credit Term Facility) and (ii) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against CSCiticorp USA, GECC or Wachovia Inc. any claims, causes of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.0810.07) hereby authorizes and directs CSCiticorp USA, GECC and Wachovia Inc. to enter into the Intercreditor Agreement on behalf of such Lender Party and agrees that CSCiticorp USA, GECC and WachoviaInc., in their its various respective capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and any other Loan Documentthe Collateral Documents, the terms of the Intercreditor Agreement shall govern and control except as expressly set forth in the Intercreditor Agreement.

Intercreditor Arrangements. Each of the Lenders hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender (and each Person that becomes a Lender hereunder pursuant to Section 10.08) hereby (i) acknowledges that CS, GECC and Wachovia Xxxxx are acting under the Intercreditor Agreement in multiple capacities as the Administrative Agent and/or the Collateral Agent and the administrative and and/or the collateral agent with respect to the Revolving Credit Term Loan Facility) and (ii) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against CS, GECC or Wachovia Xxxxx any claims, causes of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender (and each Person that becomes a Lender hereunder pursuant to Section 10.08) hereby authorizes and directs CS, GECC and Wachovia Xxxxx to enter into the Intercreditor Agreement on behalf of such Lender and agrees that CS, GECC and WachoviaXxxxx, in their various respective capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and any other Loan Document, the terms of the Intercreditor Agreement shall govern and control except as expressly set forth in the Intercreditor Agreement.