JPMORGAN CHASE BANK, N. A, whose principal place of business in England is at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX (the “Custodian”); and
JPMORGAN CHASE BANK, N. A. shall have the same rights and powers under this Agreement as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and JPMorgan Chase Bank, N.A. and its affiliates may accept deposits from, lend money to, and generally engage in any kind of business with the Borrower or any Subsidiary or affiliate of the Borrower as if it were not the Administrative Agent. The term “Lender” or “Lenders” shall, unless expressly indicated, include JPMorgan Chase Bank, N.A. (and any successor acting as Administrative Agent) in its capacity as a Lender.
JPMORGAN CHASE BANK, N. A. as Lender. JPMCB, as a Lender, shall have the same rights and powers under this Agreement and any other Loan Document as any other Lender and may exercise the same as though it were not the Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include JPMCB in each case in its individual capacity. JPMCB and its affiliates may each accept deposits from, maintain deposits or credit balances for, invest in, lend money to, act as trustee under indentures of, serve as financial advisor to, and generally engage in any kind of business with, the Borrower, any other Obligor or any other affiliate thereof as if it were any other bank and without any duty to account therefor to the other Lenders. Further, the Agent and any affiliate may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the other Lenders.
JPMORGAN CHASE BANK, N. A., Adversary Pro. No. 09-50934(MFW), in the Bankruptcy Court, seeking to recover the Disputed Accounts (the “Turnover Action”). JPMC filed a motion to dismiss the Turnover Action, which motion to dismiss was denied by the Bankruptcy Court on June 24, 2009. On July 6, 2009, JPMC filed an answer, counterclaims and a crossclaim that named the FDIC Receiver as an additional defendant in the Turnover Action. On July 27, 2009, the FDIC Receiver filed an answer to JPMC’s crossclaim. On August 11, 2009, JPMC filed an amended answer and counterclaims, which also named the FDIC Receiver as a counterclaim defendant. On August 20, 2009, the FDIC Receiver filed an answer to JPMC’s amended counterclaims. By motion, dated May 19, 2009 (the “SJ Motion”), the Debtors sought entry of an order granting summary judgment in their favor and directing turnover of the Disputed Accounts to WMI. A hearing to consider the SJ Motion was held on October 22, 2009 and the matter is sub xxxxxx. The Creditors’ Committee and the Bank Creditors have intervened in the Turnover Action.
JPMORGAN CHASE BANK, N. A., as a Lender and an Issuing Bank By: /s/ Nxxxx X. Xxxxxx Name: Nxxxx X. Xxxxxx Title: Credit Executive THE BANK OF NOVIA SCOTIA, as a Lender By: /s/ Bxxxxx Xxxxxx Name: Bxxxxx Xxxxxx Title: Authorized Signatory UNION BANK, N.A., as a Lender By: /s/ Jxxxxxx Xxxxxxxxxx Name: Jxxxxxx Xxxxxxxxxx Title: Vice President BARCLAYS BANK PLC as a Lender By: /s/ Dxxxx Xxxxx Name: Dxxxx Xxxxx Title: Director [signature pages continue] DEUTSCHE BANK TRUST COMPANY AMERICAS, as a Lender By: /s/ Mxxxxx X. Xxxxxxxxxx Name: Mxxxxx X. Xxxxxxxxxx Title: Director By: /s/ Mxxxxxxxxx Xxxxxx Name: Mxxxxxxxxx Xxxxxx Title: Director GXXXXXX SXXXX BANK USA, as a Lender By: /s/ Axxx Xxxxxxxxx Name: Axxx Xxxxxxxxx Title: Authorized Signatory The Royal Bank of Scotland plc, as a Lender By: /s/ Axxxxx X. Xxxxxx Name: Axxxxx X. Xxxxxx Title: Vice President UBS LOAN FINANCE LLC, as a Lender By: /s/ Ixxx X. Xxxx Name: Ixxx X. Xxxx Title: Associate Director By: /s/ Mxxx X. Xxxxx Name: Mxxx X. Xxxxx Title: Associate Director SUNTRUST BANK, as a Lender By: /s/ Axxxxx Xxxxxxx Name: Axxxxx Xxxxxxx Title: Director THE BANK OF NEW YORK MELLON, as a Lender By: /s/ Mxxx X. Xxxxxx Name: Mxxx X. Xxxxxx Title: Vice President
JPMORGAN CHASE BANK, N. A., as a Lender By: /s/ Kxxxxxx X. Xxxxxx Name: Kxxxxxx X. Xxxxxx Title: Vice President 364-Day Credit Agreement Intercontinental Exchange, Inc. SOCIÉTÉ GÉNÉRALE, as a Lender By: /s/ Nxxxx Xxxxx Name: Nxxxx Xxxxx Title: Director 364-Day Credit Agreement Intercontinental Exchange, Inc. U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Cxxxxxx Xxxxx Name: Cxxxxxx Xxxxx Title: Vice President 364-Day Credit Agreement Intercontinental Exchange, Inc. CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as a Lender By: /s/ Dxxxxx Xxxx Name: Dxxxxx Xxxx Title: Authorized Signatory By: /s/ Wxxxxx Xxx Xxxxx Name: Wxxxxx Xxx Xxxxx Title: Authorized Signatory 364-Day Credit Agreement Intercontinental Exchange, Inc. LLOYDS BANK PLC, as a Lender By: /s/ Dxxxx Xxxxx Name: Dxxxx Xxxxx Title: Senior Vice President, Transaction Execution, Category A, P003 By: /s/ Lxxx Xxxxxxx Name: Lxxx Xxxxxxx Title: Assistant Manager, Banking Operations, Category A, G004 364-Day Credit Agreement Intercontinental Exchange, Inc. EXHIBIT A Borrower’s Taxpayer Identification No. _________________ NOTE $___________ __________, 20__ Charlotte, North Carolina FOR VALUE RECEIVED, INTERCONTINENTAL EXCHANGE, INC., a Delaware corporation (the “Borrower”), hereby promises to pay to the order of ______________________________ (the “Lender”), at the offices of Wxxxx Fargo Bank, National Association, as Administrative Agent under the Credit Agreement referred to below (in such capacity, the “Administrative Agent”), located at One Wxxxx Fargo Center, 300 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx (or at such other place or places as the Administrative Agent may designate), at the times and in the manner provided in the 364-Day Credit Agreement, dated as of _________________, 2015 (as amended, modified, restated or supplemented from time to time, the “Credit Agreement”), among the Borrower, the Lenders from time to time parties thereto, Wxxxx Fargo Bank, National Association, as Administrative Agent, and Bank of America, N.A., as Syndication Agent, the principal sum of __________________________ DOLLARS ($___________), or such lesser amount as may constitute the unpaid principal amount of the Loans made by the Lender to the Borrower under the terms and conditions of the Credit Agreement. Unless otherwise defined herein, capitalized terms used in this promissory note (this “Note”) shall have the meanings given to such terms in the Credit Agreement. The Borrower also promises to pay interest on the aggregate unp...
JPMORGAN CHASE BANK, N. A., a national banking association organized under the laws of the United States of America with an office located at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, acting as Collateral Agent for the benefit of the Secured Parties (both terms as defined in the Credit Agreement referred to below) (the “Collateral Agent”); in the presence of: