Lender Acknowledgement Sample Clauses

Lender Acknowledgement. Each undersigned Lender, by its signature hereto, hereby authorizes and directs DBTCA in its capacity as Administrative Agent and as Collateral Agent to execute this Amendment.
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Lender Acknowledgement. The Lender acknowledges that any wholly-owned subsidiary of the Borrower is a legal entity separate from the Borrower and the assets of any such subsidiary are not intended to be available to satisfy any obligations of the Borrower hereunder or under the Note.
Lender Acknowledgement. The Lender acknowledges that any obligations of the Borrower hereunder are unsecured and are expressly subordinated and junior in right of payment to the Senior Indebtedness as more fully described in Section 22.
Lender Acknowledgement. The Lender acknowledges that:
Lender Acknowledgement. The Lender acknowledges that the SPV is a legal entity separate from the Borrower and the assets of the SPV are not intended to be available to satisfy any obligations of the Borrower hereunder.
Lender Acknowledgement. The Lenders and L/C Issuers hereby irrevocably authorize the Administrative Agent to enter into any Permitted Junior Intercreditor Agreement, and agree to be bound by the provisions of the Permitted Junior Intercreditor Agreement.
Lender Acknowledgement. By its execution and delivery hereof, each Lender acknowledges and agrees that they have received a copy of the Approved Bank Side Letter.
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Lender Acknowledgement. Lender hereby acknowledges that it has received executed copies of that certain Loan Agreement between Borrower and Arbor Bank, a Nebraska banking corporation (“Arbor Bank”) dated as of June 19, 2007 (as amended by that certain First Amendment to Loan Agreement made and entered into effective as of December 31, 2011; collectively, the “Arbor Bank Loan Agreement”) together with all Loan Documents (which, solely for the purpose of this Section 10 has the meaning defined in the Arbor Bank Loan Agreement). Lender has reviewed the Loan Agreement, the Amended and Restated Promissory Note contemplated by the Loan Agreement and all other Loan Documents, and Lender hereby consents to Borrower’s execution, delivery and performance thereunder with the intent that Borrower’s performance under any of the foregoing pursuant to or in accordance with the terms thereof shall not, in and of itself, constitute an Event of Default under the Master Agreement or this First Supplement.
Lender Acknowledgement. SECTION 5.1. Each of the Lenders, by executing this Amendment, acknowledge and agree (i) to the transfer of all rights, duties and obligations of the Custodian from U.S. Bank National Association, as Custodian to Deutsche Bank Trust Company Americas, as successor custodian, pursuant to and in accordance with the terms of the Receivables Financing Agreement (including but not limited to Section 12.20 thereof), and (ii) any terms and conditions in connection therewith (including but not limited to any amendments to the Receivables Financing Agreement and the related Transaction Documents) entered into among the Borrower, the Servicer, the Facility Agent, U.S. Bank National Association and Deutsche Bank Trust Company Americas.
Lender Acknowledgement. Each Person who executes this Amendment as a “Lender” but was not a Lender prior to the date hereof, by execution of this Amendment and upon the satisfaction of the conditions precedent set forth in Section 2 of this Amendment, (i) shall become a Lender as of the date hereof, (ii) acknowledges and confirms its respective Commitment(s) as set forth on Schedule 2.01A to the Existing Credit Agreement, as amended hereby, and (iii) agrees and that it shall be bound by the provisions of the Existing Credit Agreement as a Lender thereunder and, to the extent of its Commitment, shall have all of the rights and obligations of a Lender thereunder.
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