Common use of Miscellaneous Assignment Provisions Clause in Contracts

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (BTHC VII Inc), Subordinated Credit Agreement (Whitehall Jewelers Holdings, Inc.), Term Loan Credit Agreement (Whitehall Jewellers Inc)

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Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 15 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 17 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 3 contracts

Samples: Inventory and Receivables Revolving Credit Agreement (Silverleaf Resorts Inc), Revolving Credit Agreement (Silverleaf Resorts Inc), Revolving Credit Agreement (Silverleaf Resorts Inc)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 ss.16 and ss.17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 ss.19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 ss.4 of the Federal Reserve Act, 12 U.S.C. Section 341ss.341. No such pledge or the enforcement thereof shall release the such pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Hadco Corp), Revolving Credit Agreement (Hadco Acquisition Corp Ii), Revolving Credit Agreement (Hadco Acquisition Corp Ii)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 16.2 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Michaels Stores Inc), Revolving Credit Agreement (Michaels Stores Inc)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 19 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States of America federal income taxes. Anything contained in this Section 19 21 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Perkins Finance Corp), Revolving Credit Agreement (Restaurant Co)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 ss.16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 ss.19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 ss.4 of the Federal Reserve Act, 12 U.S.C. Section 341ss.341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Appnet Systems Inc), Revolving Credit Agreement (Ionics Inc)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Charlotte Russe Holding Inc), Revolving Credit Agreement (Charlotte Russe Holding Inc)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 14.2 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, shall prior to the date on which any interest or fees are are-payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 13.17 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its NotesWarehousing Note) to any of the twelve Federal Reserve Lenders Banks organized under Section §4 of the Federal Reserve Act, 12 U.S.C. Section §341. , No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.), Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Trico Marine Services Inc)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 10.1 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Lender certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 8.1 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (First Look Studios Inc)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 hereunder with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 16.3.7 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section §4 of the Federal Reserve Act, 12 U.S.C. Section §341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (TNP Strategic Retail Trust, Inc.)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 16 or Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

Miscellaneous Assignment Provisions. Any assigning Lender Institution shall retain its rights to be indemnified pursuant to Section 17 ss.12 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Institution is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Consignment Documents for its account, deliver to the Borrower Finlay and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 ss.14 to the contrary notwithstanding, any Lender Institution may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 ss.4 of the Federal Reserve Act, 12 U.S.C. Section 341ss.341. No such pledge or the enforcement thereof shall release the pledgor Lender Institution from its obligations hereunder or under any of the other Loan Consignment Documents.

Appears in 1 contract

Samples: Gold Consignment Agreement (Finlay Enterprises Inc /De)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 7.23 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 10.3.7 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Loan Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 ss.4 of the Federal Reserve Act, 12 U.S.C. Section 341ss.341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Acquisition Loan Agreement (Chartermac)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section SECTION 17 hereof with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 SECTION 20 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section SECTION 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (CRC Evans International Inc)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 3.8 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or of any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Credit Documents for its account, deliver to the Borrower Company and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 12.7 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Term Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section ss. 4 of the Federal Reserve Act, 12 U.S.C. Section ss. 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Credit Documents.

Appears in 1 contract

Samples: Loan and Guarantee Agreement (Marvel Entertainment Group Inc)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 9.16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, shall prior to the date on which any interest or fees are are-payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 15.17 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) Notes to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341). No such pledge or the enforcement thereof shall release the pledgor xxxxxxx Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Senior Loan Agreement (NNN 2002 Value Fund LLC)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Trailer Bridge Inc)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 7.18 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 13.3.7 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Loan Agreement (including all or any portion of its NotesNote) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 ss.4 of the Federal Reserve Act, 12 U.S.C. Section 341ss.341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Cedar Shopping Centers Inc)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 [Section]16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 [Section]19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 [Section]4 of the Federal Reserve Act, 12 U.S.C. Section 341[Section]341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hadco Acquisition Corp)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 7.17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 13.3 to the contrary notwithstanding, any Lender may at any time (i) pledge all or any portion of its interest and rights under this Credit Loan Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341341 or (ii) assign all or any portion of its interest and rights under this Loan Agreement to a Lender Affiliate. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Kramont Realty Trust)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 10.1 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 8.1 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Bridge Loan Credit Agreement (First Look Studios Inc)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 9.16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 15.17 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) Notes to any of the twelve Federal Reserve Lenders Banks organized under Section §4 of the Federal Reserve Act, 12 U.S.C. Section 341U.S.C.§341). No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

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Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 18 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 21 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 19 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 22 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Consignment Agreement (Marks Bros Jewelers Inc)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 Sections 4.6, 4.7, 4.9, 14, and 15 with respect to any claims or actions arising prior to the date of such the assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 17 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section section 4 of the Federal Reserve Act, 12 U.S.C. Section section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Alliance Capital Management Lp Ii)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 7.25 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 11.3.7 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Loan Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Mortgage Warehousing Credit and Security Agreement (Charter Municipal Mortgage Acceptance Co)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 9.17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 12.9 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Loan Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit and Security Agreement (Charter Municipal Mortgage Acceptance Co)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 7.23 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 10.3.7 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Loan Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Charter Municipal Mortgage Acceptance Co)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 13 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 16 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its NotesTerm Note) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Term Loan Agreement (Bangor Hydro Electric Co)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents. 19.9.

Appears in 1 contract

Samples: Revolving Credit Agreement (Filenes Basement Corp)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bangor Hydro Electric Co)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 23.3(g) to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Loan Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Construction Loan Agreement (CNL Growth Properties, Inc.)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 19 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 18 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its NotesNote) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Allied Holdings Inc)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit and Gold Consignment Agreement (Whitehall Jewellers Inc)

Miscellaneous Assignment Provisions. Any assigning Lender Bank shall retain its rights to be indemnified pursuant to Section 17 19 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Managing Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 23 to the contrary notwithstanding, any Lender Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341. No such pledge or the enforcement thereof shall release the pledgor Lender Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit (Emmis Broadcasting Corporation)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section §17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agents Borrowers certification as to its exemption from from, or reduction in the rate of, deduction or withholding of any United States federal income taxes. Anything contained in this Section §19 to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Term Loan Notes) to any of the twelve Federal Reserve Lenders Banks organized under Section §4 of the Federal Reserve Act, 12 U.S.C. Section §341. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (WorldSpace, Inc)

Miscellaneous Assignment Provisions. Any assigning Lender shall retain its rights to be indemnified pursuant to Section 17 11 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Company and the Agents Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. Anything contained in this Section 19 Agreement to the contrary notwithstanding, any Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Lenders organized under Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341341 without the Company's prior approval. No such pledge or the enforcement thereof shall release the pledgor Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Onyx Acceptance Corp

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