Other Lenders. The obligations of each Lender under this Agreement are separate and independent such that no action, inaction, or responsibility of one Lender shall be imputed to the remaining Lenders. Borrower hereby waives any claim or demand against each Lender as to the action, inaction, or responsibility of another.
Other Lenders. No refusal by any one Lender to consent to any extension of the Termination Date shall affect the extension of the Termination Date as it may relate to the Commitment and Loans of any Lender which consents to such extension as provided in Subsection 2.1(g), and one or more Lenders may consent to the extension of the Termination Date as it relates to them notwithstanding any refusal by any other Lenders so to consent; provided that even as to the consenting Lenders the Termination Date will be extended only upon consent to such an extension by Lenders holding more than 50% of the aggregate Commitments.
Other Lenders. Any action taken or omitted to be taken by the Issuing Bank under or in connection with any Letter of Credit, if taken or omitted in the absence of gross negligence or willful misconduct, shall not put the Issuing Bank under any resulting liability to any Lender or relieve any Revolving Credit Lender of its obligations hereunder to the Issuing Bank. In determining whether to pay under any Letter of Credit, the Issuing Bank shall have no obligation to the Lenders other than to confirm that any documents required to be delivered under such Letter of Credit appear to have been delivered and that they appear to comply on their face with the requirements of such Letter of Credit.
Other Lenders. None of the Lenders shall be deemed to be agent of any other Lenders; none of such Lenders or any of their respective directors, officers or employees shall have any responsibility to the Debtors on account of the failure or delay in performance or breach of any other Lender of any of its obligations hereunder or to any other Lender on account of the failure of or delay in performance or breach by any other Lender or the Debtors of its obligations hereunder.
Other Lenders. To the extent any other timeshare receivable or timeshare inventory lender of Borrower and its Affiliates has any rights to approve the form of insurance policies with respect to any Resort, the amounts of coverage thereunder, the insurers under such policies, or the designation of an attorney in fact for purposes of dealing with damage to any part of any Resort or insurance claims or matters related thereto, or any successor to such attorney in fact, or any changes with respect to any of the foregoing, Borrower shall take all steps as may be necessary (and, after turnover, if any, of control of a Resort to any Owner's Association, Borrower shall use its best efforts) to ensure that Lender shall at all times have a co-equal right, with such other lender (including, without limitation, Borrower or any third-party lender), to approve all such matters and any proposed changes in respect thereof; and Borrower shall not cause or permit any changes with respect to any insurance policies, insurers, coverage, attorney in fact, or insurance trustee, if any, without Lender's prior written approval.
Other Lenders. BANK OF THE WEST, as a Lender By: /s/ Xxxx X. Xxxxxx Name: Xxxx Xxxxxx Title: VP PNC BANK, NATIONAL ASSOCIATION, AS A LENDER By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Senior Vice President MASSMUTUAL ASSET FINANCE LLC, as a Lender By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President COMERICA BANK, as a Lender By: /s/ W. Xxxx Xxxxxxxx Name: W. Xxxx Xxxxxxxx Title: Assistant Vice President XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Vice President BOKF, N.A., D/B/A BANK OF TEXAS, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: VP CIT FINANCE, LLC, as a Lender By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director Schedule I to Third Amendment Schedule I Commitments Lender Commitment A Commitment B Bank of the West $45,000,000 $0 Comerica Bank $70,000,000 $0 GE Capital Commercial Inc. $245,000,000 $110,000,000 MassMutual Asset Finance LLC $100,000,000 $0 PNC Bank, National Association $40,000,000 $0 CIT Finance LLC $35,000,000 $0 BOKF, N.A., d/b/a Bank of Texas $30,000,000 $0 Xxxxx Fargo Bank, N.A. $75,000,000 $0 Total $640,000,000 $110,000,000 EXHIBITS TO THIRD AMENDMENT [see attached] Exhibit A to Credit Agreement Form of Assignment This Assignment, dated as of the Effective Date, is entered into between the Assignor and the Assignee (each as defined below). The parties hereto hereby agree as follows: Borrower: Rush Truck Centers of Alabama, Inc., Rush Truck Centers of Arizona, Inc., Rush Truck Centers of California, Inc., Rush Medium Duty Truck Centers of Colorado, Inc., Rush Truck Centers of Colorado, Inc., Rush Truck Centers of Florida, Inc., Rush Truck Centers of Georgia, Inc., Rush Truck Centers of New Mexico, Inc., Rush Truck Centers of Oklahoma, Inc., Rush Truck Centers of Tennessee, Inc., Rush Truck Centers of North Carolina, Inc., Rush Truck Centers of Idaho, Inc., Rush Truck Centers of Utah, Inc., Rush Truck Centers of Oregon, Inc., Rush Truck Centers of Ohio, Inc., Rush Truck Centers of Kansas, Inc., and Rush Truck Centers of Missouri, Inc., each a Delaware corporation and Rush Truck Centers of Texas, L.P., a Texas limited partnership (collectively, the “Borrowers” and individually a “Borrower”) Administrative Agent: GE Capital Commercial Inc., as administrative agent and collateral agent for the Lenders (in such capacity and together with its successors and permitted assigns, the “Administrative Agent”) Credit Agreement: Amended ...
Other Lenders. The Buyer is not obligated to use the Preferred Lender for financing. However, The Buyer must make loan 67 application with the Preferred Lender, or any other lender, within five (5) days of mutual acceptance of this offer. A loan 68 qualification letter must be provided to Rush Residential by the Preferred Lender, or any other lender, within 5 days of 69 mutual acceptance.
Other Lenders. If, following receipt of the confirmations referred to in paragraph (b) above, there remains a portion of the Incremental Commitments that the existing Lenders have not agreed to provide, the Parent may, at its discretion, seek commitments from any other Eligible Assignee to provide all or part of the Incremental Commitments shortfall. Any such Eligible Assignee that is willing to provide all or any of the Incremental Commitments shall deliver to the Parent and the Administrative Agent an executed Joinder Agreement confirming the Incremental Commitments it is willing to provide and agreeing to become a Lender and a party to this Agreement on the Incremental Commitment Effective Date. Any such additional Lender shall not be paid an arrangement fee or similar fee in respect of its Incremental Commitment at a rate that is higher than any fee paid to any Lender in connection with their Incremental Commitments.