THE AGENCY PROVISIONS Sample Clauses

THE AGENCY PROVISIONS. Section 9.01 Appointment and Authority 107 Section 9.02 Rights as a Lender 108 Section 9.03 Exculpatory Provisions 108 Section 9.04 Reliance by Administrative Agent 108 Section 9.05 Delegation of Duties 109 Section 9.06 Resignation of Administrative Agent 109 Section 9.07 Non-Reliance on Administrative Agent and Other Lenders 109 Section 9.08 No Other Duties, Etc. 109 Section 9.09 Administrative Agent May File Proofs of Claim 110 Section 9.10 Collateral and Guaranty Matters 110 Section 9.11 Secured Hedge Agreements 111 ARTICLE X MISCELLANEOUS Section 10.01 Amendments, Etc. 112 Section 10.02 Notices; Effectiveness; Electronic Communication 114 Section 10.03 No Waiver; Cumulative Remedies; Enforcement 116 Section 10.04 Expenses; Indemnity; Damage Waiver 116 Section 10.05 Payments Set Aside 119 Section 10.06 Successors and Assigns 119 Section 10.07 Treatment of Certain Information; Confidentiality 124 Section 10.08 Platform; Borrower Materials 125 Section 10.09 Right of Setoff 126 Section 10.10 Interest Rate Limitation 126 Section 10.11 Counterparts; Integration; Effectiveness 127 Section 10.12 Survival of Representations and Warranties 127 Section 10.13 Severability 127 Section 10.14 Replacement of Lenders 127 Section 10.15 Governing Law; Jurisdiction Etc. 128 Section 10.16 Waiver of Jury Trial 129 Section 10.17 No Advisory or Fiduciary Responsibility 129 Section 10.18 Electronic Execution of Assignments and Certain Other Documents 130 Section 10.19 USA Patriot Act Notice 130 Table of Contents (cont.) Page Section 10.20 Intercreditor Agreement 130 Section 10.21 Release of Liens and Guarantees 131 Section 10.22 Headings 131 Exhibits: Exhibit A-1 – Form of Assignment and Acceptance Exhibit A-2 – Form of Affiliated Lender Assignment and Acceptance Exhibit A-3 – Form of Permitted Loan Purchase Assignment and Acceptance Exhibit B – Form of Solvency Certificate Exhibit C – Form of Borrowing Request Exhibit D – Form of Mortgage Exhibit E – Form of Collateral Agreement Exhibit F – Form of Discounted Prepayment Option Notice Exhibit G – Form of Lender Participation Notice Exhibit H – Form of Discounted Voluntary Prepayment Notice Exhibit I-1 – Form of U.S. Tax Compliance Certificate Exhibit I-2 – Form of U.S. Tax Compliance Certificate Exhibit I-3 – Form of U.S. Tax Compliance Certificate Exhibit I-4 – Form of U.S. Tax Compliance Certificate Exhibit J – Form of Guaranty Agreement Schedules: Schedule 1.01(a) – Certain U.S. Subsidiaries Schedule 1.01(b) – Mortgaged Pro...
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THE AGENCY PROVISIONS. Section 9.01 Appointment and Authority 198 Section 9.02 Rights as a Lender 199 Section 9.03 Exculpatory Provisions 199 Section 9.04 Reliance by Administrative Agent 201 Section 9.05 Delegation of Duties 201 Section 9.06 Resignation of Administrative Agent 201 Section 9.07 Non-Reliance on Administrative Agent and Other Lenders 203 Section 9.08 No Other Duties, Etc. 203 Section 9.09 Administrative Agent May File Proofs of Claim 203 Section 9.10 Collateral and Guaranty Matters 204
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THE AGENCY PROVISIONS. Section 9.01Appointment and Authority Section 9.02Rights as a Lender Section 9.03Exculpatory Provisions Section 9.04Reliance by Administrative Agent Section 9.05Delegation of Duties Section 9.06Resignation of Administrative Agent
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THE AGENCY PROVISIONS. Section 9.01. Appointment and Authority 89 Section 9.02. Rights as a Lender 90 Section 9.03. Exculpatory Provisions 90 Section 9.04. Reliance by Administrative Agent 91 Section 9.05. Delegation of Duties 91 Section 9.06. Resignation of Administrative Agent 92 Section 9.07. Non-Reliance on Administrative Agent and Other Lenders 92 Section 9.08. No Other Duties, Etc. 93 Section 9.09. Administrative Agent May File Proofs of Claim 93 Section 9.10. Collateral and Guaranty Matters 93 Section 9.11. Hedge Agreements 94 ARTICLE X
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THE AGENCY PROVISIONS. Section 9.01 Appointment and Authority 136135 Section 9.02 Rights as a Lender 137136 Section 9.03 Exculpatory Provisions 137136 Section 9.04 Reliance by Administrative Agent 138137 Section 9.05 Delegation of Duties 138137 Section 9.06 Resignation of Administrative Agent 138137 Section 9.07 Non-Reliance on Administrative Agent and Other Lenders 139 Section 9.08 No Other Duties, Etc. 140139 Section 9.09 Administrative Agent May File Proofs of Claim 140139 Section 9.10 Collateral and Guaranty Matters 140 Section 9.11 Secured Hedge Agreements and Secured Cash Management Agreements 142141 Section 9.12 Certain ERISA Matters 142141 ARTICLE X MISCELLANEOUS
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THE AGENCY PROVISIONS. Section 9.01 Appointment and Authority 182 Section 9.02 Rights as a Lender 183 Section 9.03 Exculpatory Provisions 183 Section 9.04 Reliance by Administrative Agent 184 Section 9.05 Delegation of Duties 184 Section 9.06 Resignation of Administrative Agent 185 Section 9.07 Non-Reliance on Administrative Agent and Other Lenders 186 Section 9.08 No Other Duties, Etc. 186 Section 9.09 Administrative Agent May File Proofs of Claim 186 Section 9.10 Collateral and Guaranty Matters 187 Section 9.11 Secured Hedge Agreements and Secured Cash Management Agreements 189 Table of Contents (cont.) Page ARTICLE X CONTINUING GUARANTY Section 10.01 Guaranty 189 Section 10.02 Rights of Lenders 190 Section 10.03 Certain Waivers 190 Section 10.04 Obligations Independent 190 Section 10.05 Subrogation 190 Section 10.06 Termination; Reinstatement 191 Section 10.07 Subordination 191 Section 10.08 Stay of Acceleration 191 Section 10.09 Condition of Borrower 191 Section 10.10 Direct Benefit 191 ARTICLE XI
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THE AGENCY PROVISIONS. Section 9.01
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THE AGENCY PROVISIONS 
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Related to THE AGENCY PROVISIONS

  • Agency Provisions 64 10.1. Appointment...................................................................................64

  • Borrowing Agency Provisions (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

  • Agency Provisions Relating to Collateral Each Lender authorizes and ratifies Agent's entry into this Agreement and the Security Documents for the benefit of Lenders. Each Lender agrees that any action taken by Agent with respect to the Collateral in accordance with the provisions of this Agreement or the Security Documents, and the exercise by Agent of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all Lenders. Agent is hereby authorized on behalf of all Secured Parties, without the necessity of any notice to or further consent from any Lender to take any action with respect to any Collateral or the Loan Documents which may be necessary to perfect and maintain perfected Agent's Liens upon the Collateral, for the benefit of the other Secured Parties. Lenders hereby irrevocably authorize Agent, at its option and in its discretion, to release any Lien granted to or held by Agent upon any Collateral (i) upon termination of the Agreement and payment and satisfaction of all Obligations; or (ii) constituting Property in which no Borrower owned any interest at the time the Lien was granted or at any time thereafter; or (iii) in connection with any foreclosure sale or other disposition of Collateral after the occurrence and during the continuance of an Event of Default; or (iv) if approved, authorized or ratified in writing by Agent at the direction of all Lenders. Upon request by Agent at any time, Xxxxxxx will confirm in writing Agent's authority to release particular types or items of Collateral pursuant hereto. Agent shall have no obligation whatsoever to any Lender or to any other Person to assure that the Collateral exists or is owned by any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant to the Security Documents have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of its rights, authorities and powers granted or available to Agent in this Section 11.7 or in any of the Loan Documents, it being understood and agreed that in respect of the Collateral, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its sole discretion, but consistent with the provisions of this Agreement, including given Agent's own interest in the Collateral as a Lender and that Agent shall have no duty or liability whatsoever to any Lender.

  • Policy Provisions All insurance maintained by the Grantor pursuant to Section 2.1.1 shall (a) (except for worker's compensation insurance) list the Grantee as an additional insured as its interests may appear, (b) (except for worker's compensation and public liability insurance) provide that the proceeds for any losses shall be adjusted by the Grantor subject to the approval of the Grantee in the event the proceeds shall exceed $1,000,000, and shall be payable to the Grantee, to be held and applied as provided in Section 2.3, (c) include effective waivers by the insurer of all rights of subrogation against any named insured, the indebtedness secured by this Deed and the Property and all claims for insurance premiums against the Grantee, (d) (except for worker's compensation and public liability insurance) provide that any losses shall be payable notwithstanding (i) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (ii) the occupation or use of the Property for purposes more hazardous than permitted by the terms thereof, (iii) any foreclosure or other action or proceeding taken by the Grantee pursuant to any provision of this Deed, or (iv) any change in title or ownership of the Property, (e) provide that no cancellation, reduction in amount or material change in coverage thereof or any portion thereof shall be effective until at least thirty (30) days after receipt by the Grantee of written notice thereof, (f) provide that any notice under such policies shall be simultaneously delivered to the Grantee, and (g) be satisfactory in all other reasonable respects to the Grantee. Any insurance maintained pursuant to this Section 2.1 may be evidenced by blanket insurance policies covering the Property and other properties or assets of the Grantor, provided that any such policy shall specify the portion, if less than all, of the total coverage of such policy that is allocated to the Property and shall in all other respects comply with the requirements of this Section 2.1.

  • General Provisions Applicable to Loans and Letters of Credit 4.1. Interest Rates and Payment Dates

  • Compliance with Certain Requirements of Regulations; Deficit Capital Accounts In the event the Company is “liquidated” within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g), distributions shall be made pursuant to this Article X to the Unit Holders who have positive Capital Accounts in compliance with Regulations Section 1.704-1(b)(2)(ii)(b)(2). If any Unit Holder has a deficit balance in such Member’s Capital Account (after giving effect to all contributions, distributions and allocations for all Fiscal Years, including the Fiscal Year during which such liquidation occurs), such Unit Holder shall have no obligation to make any contribution to the capital of the Company with respect to such deficit, and such deficit shall not be considered a debt owed to the Company or to any other Person for any purpose whatsoever. In the discretion of the Liquidator, a pro rata portion of the distributions that would otherwise be made to the Unit Holders pursuant to this Article X may be: (i) distributed to a trust established for the benefit of the Unit Holders for the purposes of liquidating Company assets, collecting amounts owed to the Company, and paying any contingent or unforeseen liabilities or obligations of the Company, in which case the assets of any such trust shall be distributed to the Unit Holders from time to time, in the reasonable discretion of the Liquidator, in the same proportions as the amount distributed to such trust by the Company would otherwise have been distributed to the Unit Holders pursuant to Section 10.2 of this Agreement; or (b) withheld to provide a reasonable reserve for Company liabilities (contingent or otherwise) and to reflect the unrealized portion of any installment obligations owed to the Company, provided that such withheld amounts shall be distributed to the Unit Holders as soon as practicable.

  • Bankruptcy Provisions Without limitation of the absolute nature of the assignment of the Rents hereunder, Mortgagor and Mortgagee agree that (a) this Mortgage shall constitute a “security agreement” for purposes of Section 552(b) of the Bankruptcy Code, (b) the security interest created by this Mortgage extends to property of Mortgagor acquired before the commencement of a case in bankruptcy and to all amounts paid as Rents and (c) such security interest shall extend to all Rents acquired by the estate after the commencement of any case in bankruptcy.

  • Compliance with Consolidation Provisions The Company will not, while any of the Securities remain Outstanding, consolidate with or merge into any other Person, in either case where the Company is not the survivor of such transaction, or sell or convey all or substantially all of its property to any other Person unless the provisions of Article Ten hereof are complied with.

  • Collection of Payments; Extensions and Amendments The Servicer will use reasonable efforts to collect all payments due under the Receivables. The Servicer may waive late payment charges or other fees that may be collected in the ordinary course of servicing a Receivable. The Servicer may grant extensions, refunds, rebates or adjustments on any Receivable or amend any Receivable according to the Servicing Procedures. However, if the Servicer (i) grants an extension on a Receivable resulting in the final payment date of the Receivable being later than the Final Scheduled Payment Date of the most junior Class of Notes issued by the Issuer, (ii) modifies the Amount Financed under a Receivable, (iii) modifies the APR of a Receivable or (iv) increases the number of originally scheduled due dates of the Receivable, it will purchase the Receivable under Section 3.3, unless it is required to take the action by law or court order.

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