Common use of Registry Clause in Contracts

Registry. The Credit Parties hereby designate Lender, and Lender agrees, to serve as the agent of the Credit Parties solely for purposes of this Section 9.11, to maintain a register at one of its offices (the “Register”) on which it will record each Revolving Credit Loan made by Lender pursuant to this Agreement and each repayment in respect of the principal amount thereof. Failure to make any such recordation, or any error in such recordation shall not affect the obligations of the Credit Parties in respect of any Revolving Credit Loan. With respect to Lender, the transfer of a Revolving Credit Loan (or any participation therein) and the rights to the principal of, and interest on, any Revolving Credit Loan shall not be effective until such transfer is recorded on the Register maintained by the Lender with respect to ownership of the Revolving Credit Loan. Prior to such recordation, all amounts owing to the transferor with respect to the Revolving Credit Loan shall remain owing to the transferor. The registration of an assignment or transfer of all or part of a Revolving Credit Loan shall be recorded by Lender on the Register only upon the acceptance by Lender of a properly executed and delivered assignment and assumption agreement pursuant to this Section 9.11. Coincident with the delivery of such an assignment and assumption agreement to Lender for acceptance and registration of assignment or transfer of all or part of a Revolving Credit Loan, or as soon thereafter as practicable, the assigning or transferor Lender shall surrender the Note evidencing such Revolving Credit Loan, and thereupon one or more new Notes in the same aggregate principal amount shall be issued to the assigning or transferor Lender and/or the new Lender. The Credit Parties agree to indemnify Lender from and against any and all losses, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by Lender in performing its duties under this Section 9.11.

Appears in 3 contracts

Samples: Loan and Security Agreement (FVA Ventures, Inc.), Loan and Security Agreement (FVA Ventures, Inc.), Loan and Security Agreement (FVA Ventures, Inc.)

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Registry. The Credit Parties Borrower hereby designate Lenderdesignates the Administrative Agent, and Lender the Administrative Agent agrees, to serve as the agent of the Credit Parties Borrower’s agent, solely for purposes of this Section 9.1112.10, to maintain a register at one of its offices the Notice Office (the “Register”) on which it will record each Revolving Credit Loan the Term Loans made by each of the Lenders (including (i) the names and addresses of all Lenders, (ii) the interests of each Lender pursuant and (iii) the principal amounts of the Term Loans owing to this Agreement each Lender from time to time (including the amount of PIK Interest thereon and any stated interest thereon) and each repayment in respect of the principal amount thereofof the Term Loans of each Lender. Failure to make any such recordation, or any error in such recordation shall not affect the Borrower’s obligations of the Credit Parties in respect of any Revolving Credit Loansuch Term Loans. The entries in the Register shall be conclusive, in the absence of manifest error, and the Borrower, the CSSW Parent, the Administrative Agent and the Lenders may treat each Person whose name is registered therein for all purposes as a party to this Agreement. With respect to Lenderthe assignment by any Lender to an assignee pursuant to Section 13.11, the transfer of a Revolving Credit Loan (or any participation therein) and the rights to the principal of, and interest on, any Revolving Credit Loan Term Loans made shall not be effective until such transfer is recorded on the Register maintained by the Lender Administrative Agent with respect to ownership of the Revolving Credit Loan. Prior such Term Loans, and prior to such recordation, recordation all amounts owing to the transferor with respect to the Revolving Credit Loan such Term Loans shall remain owing to the transferor. The registration of an assignment or transfer of all or part of a Revolving Credit Loan any Term Loans shall be recorded by Lender the Administrative Agent on the Register only upon the acceptance by Lender the Administrative Agent of a properly executed and delivered assignment Assignment and assumption agreement Acceptance pursuant to this Section 9.1113.11. Coincident with the delivery of such an assignment Assignment and assumption agreement Acceptance to Lender the Administrative Agent for acceptance and registration of assignment or transfer of all or part of a Revolving Credit Loanany Term Loans, or as soon thereafter as practicable, the assigning or transferor Lender shall surrender the Term Note evidencing such Revolving Credit LoanTerm Loans, and thereupon one or more new Term Notes in the same aggregate principal amount shall be issued to the assigning or transferor Lender and/or the new Lender. The Credit Parties agree Register shall be available for inspection by the Borrower or any Lenders at any reasonable time, from time to indemnify Lender from and against any and all lossestime, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by Lender in performing its duties under this Section 9.11upon reasonable prior notice.

Appears in 3 contracts

Samples: Credit Agreement (First Wind Holdings Inc.), Intercreditor Agreement (First Wind Holdings Inc.), Credit Agreement (First Wind Holdings Inc.)

Registry. The Credit Parties Borrower hereby designate Lender, and Lender agrees, designates Agent to serve as the agent of the Credit Parties Borrower's agent, solely for purposes of this Section 9.11, SECTION 11.12 to maintain a register at one of its offices (the “Register”"REGISTER") on which it will record the Commitment from time to time of each Revolving Credit Loan of the Lenders, the Loans made by Lender pursuant to this Agreement each of the Lenders and each repayment in respect of the principal amount thereofof the Loans of each Lender. Failure to make any such recordation, or any error in such recordation shall not affect the Borrower's obligations of the Credit Parties in respect of any Revolving Credit Loansuch Loans. With respect to any Lender, the transfer of a Revolving Credit Loan (or any participation therein) the Commitments of such Lender and the rights to the principal of, and interest on, any Revolving Credit Loan made pursuant to such Commitment shall not be effective until such transfer is recorded on the Register maintained by the Lender Agent with respect to ownership of the Revolving Credit Loan. Prior such Commitment and Loans and prior to such recordation, recordation all amounts owing to the transferor with respect to the Revolving Credit Loan such Commitments and Loans shall remain owing to the transferor. The registration of an assignment or transfer of all or part of a Revolving Credit Loan any Commitment and Loans shall be recorded by Lender Agent on the Register only upon the acceptance by Lender Agent of a properly executed and delivered assignment Assignment and assumption agreement Assumption Agreement pursuant to this Section 9.11SECTION 11.9. Coincident with the delivery of such an assignment Assignment and assumption agreement Assumption Agreement to Lender Agent for acceptance and registration of assignment or transfer of all or part of a Revolving Credit Loan, or as soon thereafter as practicable, the assigning or transferor Lender shall surrender the Note evidencing such Revolving Credit Loan, and thereupon one or more new Notes in the same aggregate principal amount then owing to such assignor or transferor Lender shall be issued to the assigning or transferor Lender and/or the new Lender. The Credit Parties agree Borrower agrees to indemnify Lender Agent from and against any and all losses, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by Lender Agent in performing its duties under this Section 9.11SECTION 11.12 except for those resulting solely from Agent's willful misconduct and/or gross negligence in the performance of such duties.

Appears in 2 contracts

Samples: Credit Agreement (BMC Industries Inc/Mn/), Credit Agreement (BMC Industries Inc/Mn/)

Registry. The Credit Parties Borrower hereby designate Lender, and Lender agrees, designates the Administrative Agent to serve as the agent of the Credit Parties Borrower's agent, solely for purposes of this Section 9.1111.17, to maintain a register at one of its offices (the "Register") on which it will record the Revolving Loan Commitments from time to time of each of the Banks, the Revolving Credit Loan Loans made by Lender pursuant to this Agreement each of the Banks and each repayment in respect of the principal amount thereofof the Revolving Loans of each Bank. Failure to make any such recordation, or any error in such recordation shall not affect the Borrower's obligations of the Credit Parties in respect of any such Revolving Credit LoanLoans. With respect to Lenderany Bank, the transfer of a the Revolving Credit Loan (or any participation therein) Commitment of such Bank and the rights to the principal of, and interest on, any Revolving Credit Loan made pursuant to such Revolving Loan Commitment shall not be effective until such transfer is recorded on the Register maintained by the Lender Administrative Agent with respect to ownership of the such Revolving Credit Loan. Prior Loan Commitment and Revolving Loans and prior to such recordation, recordation all amounts owing to the transferor with respect to the such Revolving Credit Loan Commitment and Revolving Loans shall remain owing to the transferor. The registration of an assignment or transfer of all or part of a any Revolving Credit Loan Commitment and Revolving Loans shall be recorded by Lender the Administrative Agent on the Register only upon the acceptance by Lender the Administrative Agent of a properly executed and delivered assignment Assignment and assumption agreement Assumption Agreement pursuant to this Section 9.1111.04(b). Coincident with the delivery of such an assignment Assignment and assumption agreement Assumption Agreement to Lender the Administrative Agent for acceptance and registration of assignment or transfer of all or part of a Revolving Credit Loan, or as soon thereafter as practicable, the assigning or transferor Lender Bank shall surrender the Revolving Note evidencing such Revolving Credit Loan, and thereupon one or more new Revolving Notes in the same aggregate principal amount shall be issued to the assigning or transferor Lender Bank and/or the new LenderBank. The Credit Parties agree Borrower agrees to indemnify Lender the Administrative Agent from and against any and all losses, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by Lender the Administrative Agent in performing its duties under this Section 9.1111.17.

Appears in 2 contracts

Samples: Credit Agreement (Northwest Airlines Corp), Northwest Airlines Corp

Registry. The Credit Parties Borrower hereby designate Lender, and Lender agrees, designates the Agent to serve as -------- the agent of the Credit Parties Borrower's agent, solely for purposes of this Section 9.1112.17, to maintain a register at one of its offices (the "Register") on which it will record the Commitments from time to time of each Revolving Credit Loan of the Banks, the Loans made by Lender pursuant to this Agreement each of the Banks and each repayment in respect of the principal amount thereofof the Loans of each Bank. Failure to make any such recordation, or any error in such recordation shall not affect the Borrower's obligations of the Credit Parties in respect of any Revolving Credit Loansuch Loans. With respect to Lenderany Bank, the transfer of a Revolving Credit Loan (or any participation therein) the Commitments of such Bank and the rights to the principal of, and interest on, any Revolving Credit Loan made pursuant to such Commitments shall not be effective until such transfer is recorded on the Register maintained by the Lender Agent with respect to ownership of the Revolving Credit Loan. Prior such Commitments and Loans and prior to such recordation, recordation all amounts owing to the transferor with respect to the Revolving Credit Loan such Commitments and Loans shall remain owing to the transferor. The registration of an assignment or transfer of all or part of a Revolving Credit Loan any Commitments and Loans shall be recorded by Lender the Agent on the Register only upon the acceptance by Lender the Agent of a properly executed and delivered assignment Assignment and assumption agreement Assumption Agreement pursuant to this Section 9.1112.04(b). Coincident with the delivery of such an assignment Assignment and assumption agreement Assumption Agreement to Lender the Agent for acceptance and registration of assignment or transfer of all or part of a Revolving Credit Loan, or as soon thereafter as practicable, the assigning or transferor Lender Bank shall surrender the Note evidencing such Revolving Credit Loan, and thereupon one or more new Notes in the same aggregate principal amount shall be issued to the assigning or transferor Lender Bank and/or the new LenderBank. The Credit Parties agree Borrower agrees to indemnify Lender the Agent from and against any and all losses, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by Lender the Agent in performing its duties under this Section 9.1112.17.

Appears in 1 contract

Samples: Credit Agreement (Collins & Aikman Floor Coverings Inc)

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Registry. The Credit Parties Borrower hereby designate Lender, and Lender agrees, designates the Agent to serve as the agent of the Credit Parties Borrower's agent, solely for purposes of this Section 9.1113.17, to maintain a register at one of its offices (the "Register") on which it will record the Revolving Loan Commitments from time to time of each of the Banks, the Revolving Credit Loan Loans made by Lender pursuant to this Agreement each of the Banks and each repayment in respect of the principal amount thereofof the Revolving Loans of each Bank. Failure to make any such recordation, or any error in such recordation shall not affect the Borrower's obligations of the Credit Parties in respect of any such Revolving Credit LoanLoans. With respect to Lenderany Bank, the transfer of a the Revolving Credit Loan (or any participation therein) Commitment of such Bank and the rights to the principal of, and interest on, any Revolving Credit Loan made pursuant to such Revolving Loan Commitment shall not be effective until such transfer is recorded on the Register maintained by the Lender Agent with respect to ownership of the such Revolving Credit Loan. Prior Loan Commitment and Revolving Loans and prior to such recordation, recordation all amounts owing to the transferor with respect to the such Revolving Credit Loan Commitment and Revolving Loans shall remain owing to the transferor. The registration of an assignment or transfer of all or part of a any Revolving Credit Loan Commitment and Revolving Loans shall be recorded by Lender the Agent on the Register only upon the acceptance by Lender the Agent of a properly executed and delivered assignment Assignment and assumption agreement Assumption Agreement pursuant to this Section 9.1113.04(b). Coincident with the delivery of such an assignment Assignment and assumption agreement Assumption Agreement to Lender the Agent for acceptance and registration of assignment or transfer of all or part of a Revolving Credit Loan, or as soon thereafter as practicable, the assigning or transferor Lender Bank shall surrender the Revolving Note evidencing such Revolving Credit Loan, and thereupon one or more new Revolving Revolving Notes in the same aggregate principal amount shall be issued to the assigning or transferor Lender Bank and/or the new LenderBank. The Credit Parties agree Borrower agrees to indemnify Lender the Agent from and against any and all losses, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by Lender the Agent in performing its duties under this Section 9.1113.17.

Appears in 1 contract

Samples: Credit Agreement (H-R Window Supply Inc)

Registry. The Credit Parties Borrower hereby designate Lender, and Lender agrees, designates the Administrative Agent to serve as the agent of the Credit Parties Borrower's agent, solely for purposes of this Section 9.1112.14, to maintain a register at one of its offices (the "Register") on which it will record the Commitments from time to time of each of the Banks, the Revolving Credit Loan Loans made by Lender pursuant to this Agreement each of the Banks and each repayment in respect of the principal amount thereofof the Revolving Loans of each Bank. Failure to make any such recordation, or any error in such recordation shall not affect the Borrower's obligations of the Credit Parties in respect of any such Revolving Credit LoanLoans. With respect to Lenderany Bank, the transfer of a Revolving Credit Loan (or any participation therein) the Commitments of such Bank and the rights to the principal of, and interest on, any Revolving Credit Loan made pursuant to such Commitments shall not be effective until such transfer is recorded on the Register maintained by the Lender Administrative Agent with respect to ownership of the such Revolving Credit Loan. Prior Commitments and Revolving Loans and prior to such recordation, recordation all amounts owing to the transferor with respect to the such Revolving Credit Loan Commitments and Revolving Loans shall remain owing to the transferor. The registration of an assignment or transfer of all or part of a any Revolving Credit Loan Commitments and Revolving Loans shall be recorded by Lender the Administrative Agent on the Register only upon the acceptance by Lender the Administrative Agent of a properly executed and delivered assignment and assumption agreement Assignment Agreement pursuant to this Section 9.1112.04(b). Coincident with the delivery of such an assignment and assumption agreement Assignment Agreement to Lender the Administrative Agent for acceptance and registration of assignment or transfer of all or part of a Revolving Credit Loan, or as soon thereafter as practicable, the assigning or transferor Lender Bank shall surrender the Revolving Note evidencing such Revolving Credit Loan, and thereupon one or more new Revolving Notes in the same aggregate principal amount shall be issued to the assigning or transferor Lender Bank and/or the new LenderBank. The Credit Parties agree Borrower agrees to indemnify Lender the Administrative Agent from and against any and -and all losses, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by Lender the Administrative Agent in performing its duties under this Section 9.1112.14.

Appears in 1 contract

Samples: Credit Agreement (Pueblo Xtra International Inc)

Registry. The Credit Parties Borrower hereby designate Lender, and Lender agrees, designates the Agent to serve as the agent of the Credit Parties Borrower's agent, solely for purposes of this Section 9.1111.17, to maintain a register at one of its offices (the "Register") on which it will record the Revolving Loan Commitments from time to time of each of the Banks, the Revolving Credit Loan Loans made by Lender pursuant to this Agreement each of the Banks and each repayment in respect of the principal amount thereofof the Revolving Loans of each Bank. Failure to make any such recordation, or any error in such recordation shall not affect the Borrower's obligations of the Credit Parties in respect of any such Revolving Credit LoanLoans. With respect to Lenderany Bank, the transfer of a the Revolving Credit Loan (or any participation therein) Commitment of such Bank and the rights to the principal of, and interest on, any Revolving Credit Loan made pursuant to such Revolving Loan Commitment shall not be effective until such transfer is recorded on the Register maintained by the Lender Agent with respect to ownership of the such Revolving Credit Loan. Prior Loan Commitment and Revolving Loans and prior to such recordation, recordation all amounts owing to the transferor with respect to the such Revolving Credit Loan Commitment and Revolving Loans shall remain owing to the transferor. The registration of an assignment or transfer of all or part of a any Revolving Credit Loan Commitment and Revolving Loans shall be recorded by Lender the Agent on the Register only upon the acceptance by Lender the Agent of a properly executed and delivered assignment Assignment and assumption agreement Assumption Agreement pursuant to this Section 9.1111.04(b). Coincident with the delivery of such an assignment Assignment and assumption agreement Assumption Agreement to Lender the Agent for acceptance and registration of assignment or transfer of all or part of a Revolving Credit Loan, or as soon thereafter as practicable, the assigning or transferor Lender Bank shall surrender the Revolving Note evidencing such Revolving Credit Loan, and thereupon one or more new Revolving Notes in the same aggregate principal amount shall be issued to the assigning or transferor Lender Bank and/or the new LenderBank. The Credit Parties agree Borrower agrees to indemnify Lender the Agent from and against any and all losses, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by Lender the Agent in performing its duties under this Section 9.1111.17.

Appears in 1 contract

Samples: Credit Agreement (Northwest Airlines Corp)

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