Recognition as Lender Sample Clauses

Recognition as Lender. The parties acknowledge and agree that each Assignee is, by virtue of compliance with the provisions of Section 13.1(4) of the Credit Agreement, as and from this date, a Lender under and as defined in the Credit Agreement for the purposes of the Credit Agreement and all of the other Documents and is bound by the terms, conditions and covenants, and entitled to the benefits thereof as if it were an original Lender and signatory with Commitments equal to the Commitments included in such Assignee’s Assigned Credit Facilities (as set out in Schedule “A”) and the Borrower shall be entitled as and from this date to deal exclusively and directly with such Assignee in respect of all matters relating to such Assignee’s Assigned Credit Facilities and the Documents.
Sample 1Sample 2
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Recognition as Lender. The parties acknowledge and agree that the Assignee is, by virtue of compliance with the provisions of Section 9.08(5) of the Credit Agreement, as and from this date, a Lender under and as defined in the Credit Agreement for the purposes of the Credit Agreement and for all of the other Credit Documents and bound by the terms, conditions and covenants, and entitled to the benefits thereof as if it were an original Lender and signatory with a Lender's Commitments equal to (where the Assignee is already an original Lender, the aggregate of the Lender's Commitment originally incurred by the Assignee and) the Lender's Commitment included in the Assigned Credit Facilities, and the Borrower shall be entitled as and from this date to deal exclusively and directly with the Assignee in respect of all matters relating to the Assigned Credit Facilities.
Sample 1
Recognition as Lender. The parties acknowledge and agree that the Assignee is, (i) by virtue of compliance with the provisions of Section 10.08(5) of the Credit Agreement, and (ii) by virtue of the Assignor paying to the Administrative Agent the processing fee in accordance with Section 10.08(5) of the Credit Agreement, effective upon the date upon which this assignment is entered on the records of the Administrative Agent kept pursuant to Section 10.03 of the Credit Agreement, a Lender under and as defined in the Credit Agreement for the purposes of the Credit Agreement and for all of the Loan Documents and bound by the terms, conditions and covenants, and entitled to the benefits thereof as if it were an original Lender and signatory with a Commitment equal to the Commitment included in the Assigned Credit Facilities (plus, where the Assignee is already a Lender, its Commitment on the date hereof), and the Borrower and the Company shall be entitled as and from this date to deal exclusively and directly with the Assignee in respect of all matters relating to the Assigned Credit Facilities and the Loan Documents as they relate thereto.
Sample 1
Recognition as Lender. The parties acknowledge and agree that the Assignee is, by virtue of compliance with the provisions of Section 11.08(5) of the Credit Agreement, as and from this date, a Lender under and as defined in the Credit Agreement for the purposes of the Credit Agreement and for all of the other Credit Documents and bound by the terms, conditions and covenants, and entitled to the benefits thereof as if it were an original Lender and signatory with [CANADIAN] [U.S.] [ACQUISITION] [OPERATING] [TERM] [SWINGLINE] Commitments equal to (where the Assignee is already an original Lender, the aggregate of the [CANADIAN] [U.S.] [ACQUISITION] [OPERATING] [TERM] [SWINGLINE] Commitment originally incurred by the Assignee and) the [Canadian] [U.S.] [Acquisition] [Operating] [Term] [Swingline] Commitments included in the Assigned Credit Facilities, and the Borrowers shall be entitled as and from this date to deal exclusively and directly with the Assignee in respect of all matters relating to the Assigned Credit Facilities.
Sample 1
Recognition as Lender. The parties hereto acknowledge that the Assignee is, by virtue of compliance with the provisions of Section 11.8 of the Amended and Restated Credit Agreement, as of and from the date hereof, a Lender under and as defined in the Amended and Restated Credit Agreement.
Sample 1
Recognition as Lender. The parties acknowledge and agree that the Assignee is by virtue of compliance with the Credit Agreement effective on the Effective Date a Lender under and as defined in the Credit Agreement and for all of the Loan Documents and bound by the terms, conditions and covenants, entitled to the benefits thereof as if it were an original Lender and signatory with a commitment equal to the commitment included in the Assigned Credit Facility (plus, where the Assignee is already a Lender, its commitment on the date hereof) and the Borrower shall be entitled, as and from this date, to deal exclusively and directly with the Assignee in respect of all matters relating to the Assigned Credit Facilities and the Loan Documents as they relate thereto.
Sample 1
Recognition as Lender. The parties hereto acknowledge that the Assignee is, by virtue of compliance with the provisions of Section 14.7 of the Credit Agreement, as of and from the date hereof, a Lender under and as defined in the Credit Agreement for the purposes thereof and for the purposes of all other Documents. Schedule F to the Credit Agreement setting forth the names of the Lenders is superseded and replaced effective as of the date hereof by the revised Schedule F attached hereto as Schedule C.
Sample 1
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Related to Recognition as Lender

  • Capacity as Lender The Person serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such Person 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 other Affiliate thereof as if it were not the Administrative Agent hereunder.

  • Agent as Lender In its individual capacity, KeyBank shall have the same obligations and the same rights, powers and privileges in respect to its Commitment and the Loans made by it, and as the holder of any of the Notes as it would have were it not also the Agent.

  • Xxxxx Fargo as Lender Xxxxx Fargo, as a Lender or as a Specified Derivatives Provider, as the case may be, shall have the same rights and powers under this Agreement and any other Loan Document and under any Specified Derivatives Contract, as the case may be, as any other Lender or Specified Derivatives Provider and may exercise the same as though it were not the Administrative Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Xxxxx Fargo in each case in its individual capacity. Xxxxx Fargo 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 Loan Party or any other affiliate thereof as if it were any other bank and without any duty to account therefor to the Issuing Bank, other Lenders, or any other Specified Derivatives Providers. Further, the Administrative Agent and any affiliate may accept fees and other consideration from the Borrower for services in connection with this Agreement or any Specified Derivatives Contract, or otherwise without having to account for the same to the Issuing Bank, the other Lenders or any other Specified Derivatives Providers. The Issuing Bank and the Lenders acknowledge that, pursuant to such activities, Xxxxx Fargo or its affiliates may receive information regarding the Borrower, other Loan Parties, other Subsidiaries and other Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them.

  • Replacement of a Lender (i) If any Lender becomes a Defaulting Lender or a Non-Consenting Lender, then the Borrower may, at its sole expense and effort, upon not less than five (5) Business Days advance notice to the Administrative Agent and (if different) the related Lender, (x) require such Lender to assign and delegate, without recourse (in accordance with and subject to the restrictions contained in Section 12.04), all of its respective interests, rights and obligations under this Agreement to an assignee that shall assume such obligations (which assignee may be another Lender if a Lender accepts such assignment); provided that (A) the Borrower shall have received the prior written consent of the Administrative Agent with respect to any assignee that is not already a Lender hereunder, which consent shall not be unreasonably withheld, (B) the assignee shall not be an Affiliate of any of the Borrower, the Servicer or the Transferor, (C) such assigning Lender shall have received payment of an amount equal to all outstanding Advances funded or maintained by such Lender, together with all accrued interest thereon and all accrued Fees, and (D) in the case of any such assignment resulting from a Lender becoming a Non-Consenting Lender, the applicable assignee shall have agreed to, and shall be sufficient (together with all other consenting Lenders) to cause the adoption of, the applicable consent, waiver or amendment of the Transaction Documents or (y) terminate the Commitment of such Lender and repay all Obligations of the Borrower owing to such Lender relating to the portion of the Advance held by such Lender as of such termination date, without the payment of any penalty, fee or premium. A Lender shall not be required to make any such assignment and delegation if, prior thereto, as a result of a waiver by such Lender or otherwise, the circumstances entitling the Borrower to require such assignment and delegation cease to exist.

  • Administrative Agent as Lender The bank serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such bank 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 other Affiliate thereof as if it were not the Administrative Agent hereunder.

  • INDEPENDENT NATURE OF LENDERS' RIGHTS The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its rights pursuant to this Agreement and its Notes, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.

  • Resignation as L/C Issuer or Swing Line Lender after Assignment Notwithstanding anything to the contrary contained herein, if at any time Bank of America assigns all of its Commitment and Loans pursuant to subsection (b) above, Bank of America may, (i) upon 30 days’ notice to the Company and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days’ notice to the Company, resign as Swing Line Lender. In the event of any such resignation as L/C Issuer or Swing Line Lender, the Company shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Company to appoint any such successor shall affect the resignation of Bank of America as L/C Issuer or Swing Line Lender, as the case may be. If Bank of America resigns as L/C Issuer, it shall retain all the rights, powers, privileges and duties of the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c). Upon the appointment of a successor L/C Issuer and/or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, and (b) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America to effectively assume the obligations of Bank of America with respect to such Letters of Credit.

  • SPV Lender Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle (a “SPV”), identified as such in writing from time to time by the Granting Lender to the Administrative Agent and the Borrower, the option to provide to the Borrower all or any part of any Loan that such Granting Lender would otherwise be obligated to make the Borrower pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any SPV to make any Loan and (ii) if an SPV elects not to exercise such option or otherwise fails to provide all or any part of such Loan, the Granting Lender shall be obligated to make such Loan pursuant to the terms hereof. The making of a Loan by an SPV hereunder shall utilize the Commitment of the Granting Lender to the same extent, and as if, such Loan were made by such Granting Lender. Each party hereto hereby agrees that no SPV shall be liable for any indemnity or similar payment obligation under this Agreement (all liability for which shall remain with the Granting Lender). In furtherance of the foregoing, each party hereto hereby agrees (which agreement shall survive the termination of this Agreement) that, prior to the date that is one year and one day after the payment in full of all outstanding commercial paper or other senior indebtedness of any SPV, it shall not institute against, or join any other person in instituting against, such SPV any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings under the laws of the United States or any State thereof. In addition, notwithstanding anything to the contrary contained in this Section 13.6, any SPV may (i) with notice to, but without the prior written consent of, the Borrower and the Administrative Agent and without paying any processing fee therefor, assign all or a portion of its interests in any Loans to the Granting Lender or to any financial institutions (consented to by the Borrower and Administrative Agent) providing liquidity and/or credit support to or for the account of such SPV to support the funding or maintenance of Loans and (ii) disclose on a confidential basis any non-public information relating to its Loans to any rating agency, commercial paper dealer or provider of any surety, guarantee or credit or liquidity enhancement to such SPV. This Section 13.6(g) may not be amended without the written consent of the SPV. Notwithstanding anything to the contrary in this Agreement, (x) no SPV shall be entitled to any greater rights under Sections 2.10, 2.11 and 5.4 than its Granting Lender would have been entitled to absent the use of such SPV and (y) each SPV agrees to be subject to the requirements of Sections 2.10, 2.11 and 5.4 as though it were a Lender and has acquired its interest by assignment pursuant to clause (b) of this Section 13.6.

  • Notification of Advances, Interest Rates, Prepayments and Commitment Reductions Promptly after receipt thereof, the Agent will notify each Lender of the contents of each Aggregate Commitment reduction notice, Borrowing Notice, Conversion/Continuation Notice, and repayment notice received by it hereunder. The Agent will notify each Lender of the interest rate applicable to each Eurodollar Advance promptly upon determination of such interest rate and will give each Lender prompt notice of each change in the Alternate Base Rate.

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