The Lender Group Sample Clauses

The Lender Group. 16.1 [INTENTIONALLY OMITTED]
The Lender Group. 54 16.1 [INTENTIONALLY OMITTED] 54 16.2 [INTENTIONALLY OMITTED] 54 16.3 [INTENTIONALLY OMITTED] 54 16.4 [INTENTIONALLY OMITTED] 54 16.5 Notice of Default or Event of Default. 54 16.6 [INTENTIONALLY OMITTED] 54 16.7 Costs and Expenses; Indemnification. 54 16.8 DIP Lender in Individual Capacity. 55 16.9 Withholding Taxes. 55 16.10 Collateral Matters. 57 16.11 Restrictions on Actions by DIP Lenders; Sharing of Payments. 58 16.12 Agency for Perfection. 58 16.13 [INTENTIONALLY OMITTED] 58 16.14 [INTENTIONALLY OMITTED] 58 16.15 [INTENTIONALLY OMITTED] 58 16.16 Several Obligations; No Liability. 58 16.17 [INTENTIONALLY OMITTED]. 58 16.18 Disclosure of Classified Material. 59 17. GENERAL PROVISIONS. 59 17.1 Effectiveness. 59 17.2 Section Headings. 59 17.3 Interpretation. 59 17.4 Severability of Provisions. 59 17.5 Counterparts; Electronic Execution. 60 17.6 Revival and Reinstatement of Obligations. 60 17.7 Confidentiality. 60 17.8 Integration. 61 17.9 Parent as Agent for Borrowers. 61 17.10 Equitable Relief. 61 17.11 The DIP Lenders as Parties in Interest. 61 17.12 Section 506(c) Waiver. 62 17.13 Waiver of Chapter 5 Claims. 62 17.14 Reversal of Payments. 62 17.15 [INTENTIONALLY OMITTED]. 62 17.16 Acknowledgement of Security Interests. 62 17.17 Binding Effect of Documents. 62
The Lender Group 

Related to The Lender Group

  • Agent the Lender Group 17.1 Appointment and Authorization of Agent. 17.2

  • The Lender Group’s Liability for Collateral Borrower hereby agrees that: (a) so long as Agent complies with its obligations, if any, under the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral, (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause, (iii) any diminution in the value thereof, or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.

  • Additional Credit Parties At the time any Person becomes a Domestic Subsidiary, the Borrower shall so notify the Administrative Agent and promptly thereafter (but in any event within 30 days) shall cause such Person to (a) execute a Joinder Agreement in substantially the same form as Exhibit 7.12, (b) deliver such other documentation as the Administrative Agent may reasonably request in connection with the foregoing, including, without limitation, certified resolutions and other organizational and authorizing documents of such Person and favorable opinions of counsel to such Person (which shall cover, among other things, the legality, validity, binding effect and enforceability of the documentation referred to above), all in form, content and scope reasonably satisfactory to the Administrative Agent and (c) update such schedules to the Credit Agreement as appropriate to reflect the joinder of such new Domestic Subsidiary.

  • The Lender Groups Rights and Remedies 9.1 Rights and Remedies. 9.2 Remedies Cumulative.

  • Waivers by Credit Parties Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent's taking possession or control of, or to Agent's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

  • AGENT AND LENDERS JPMORGAN CHASE BANK, N.A., as the Administrative Agent and as a Lender By: /s/ Xxxxxxxx Xxxxxx Title: Executive Director Name: Xxxxxxxx Xxxxxx DEUTSCHE BANK AG NEW YORK BRANCH as a Lender By: /s/ Xxxxx Xxxxxxx Title: Managing Director Name: Xxxxx Xxxxxxx By: /s/ Alexander B.V. Xxxxxxx Title: Managing Director Name: Alexander B.V. Xxxxxxx XXXXXXX SACHS LENDING PARTNERS LLC, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Title: Authorized Signatory Name: Xxxxxxxx Xxxxxxx CITIBANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxxxx Title: Vice President Name: Xxxx X. Xxxxxxx BANK OF AMERICA, N.A., as a Syndication Agent and as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Xxxxxx Xxxxxxx Bank, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Title: Authorized Signatory Name: Xxxx Xxxxxxx BARCLAYS BANK PLC, as a Lender By: /s/ Xxxx Xxxxxx Title: Vice President Name: Xxxx Xxxxxx MIHI LLC, as a Lender By: /s/ Xxxxxxx Menos Title: Authorized Signatory Name: Xxxxxxx Menos By: /s/ Xxxxx X. Xxxxx Title: Authorized Signatory Name: Xxxxx X. Xxxxx EXHIBIT A EXECUTION VERSION $250,000,000 CREDIT AGREEMENT among ESH HOSPITALITY, INC., as Borrower, The Several Lenders from Time to Time PartiesParty Hereto, DEUTSCHE BANK AG NEW YORK BRANCHSECURITIES INC., XXXXXXX XXXXX LENDING PARTNERS LLC, CITIBANK, N.A., BANK OF AMERICA, N.A., BARCLAYS BANK PLC, XXXXXX XXXXXXX SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as Syndication Agents, and JPMORGAN CHASE BANK, N.A., as Administrative Agent Dated as of November 18, 2013

  • Lender Credit Decision, Etc Each Lender expressly acknowledges and agrees that neither the Agent nor any of its officers, directors, employees, agents, counsel, attorneys-in-fact or other affiliates has made any representations or warranties as to the financial condition, operations, creditworthiness, solvency or other information concerning the business or affairs of the Borrower, any other Obligor, any of their respective Subsidiaries or any other Person to such Lender and that no act by the Agent hereafter taken, including any review of the affairs of the Borrower, shall be deemed to constitute any such representation or warranty by the Agent to any Lender. Each Lender acknowledges that it has, independently and without reliance upon the Agent, any other Lender or counsel to the Agent, or any of their respective officers, directors, employees and agents, and based on the financial statements of the Borrower, the other Obligors, and their respective Subsidiaries, or any other Affiliate thereof, and inquiries of such Persons, its independent due diligence of the business and affairs of the Borrower, the Obligors, their respective Subsidiaries and other Persons, its review of the Loan Documents, the legal opinions required to be delivered to it hereunder, the advice of its own counsel and such other documents and information as it has deemed appropriate, made its own credit and legal analysis and decision to enter into this Agreement and the transaction contemplated hereby. Each Lender also acknowledges that it will, independently and without reliance upon the Agent, any other Lender or counsel to the Agent or any of their respective officers, directors, employees and agents, and based on such review, advice, documents and information as it shall deem appropriate at the time, continue to make its own decisions in taking or not taking action under the Loan Documents. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent under this Agreement or any of the other Loan Documents, the Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of the Borrower, any other Obligor, any of their respective Subsidiaries or any other Affiliate thereof which may come into possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or other Affiliates. Each Lender acknowledges that the Agent’s legal counsel in connection with the transactions contemplated by this Agreement is only acting as counsel to the Agent and is not acting as counsel to such Lender.

  • Waiver by Borrower Upon the occurrence of an Event of Default, to the extent permitted by law, Borrower covenants that it will not at any time insist upon or plead, or in any manner whatsoever claim or take any benefit or advantage of, any stay or extension law now or at any time hereafter in force, nor claim, take nor insist upon any benefit or advantage of or from any law now or hereafter in force providing for the valuation or appraisement of the Collateral or any part thereof prior to any sale or sales thereof to be made pursuant to any provision herein contained, or to the decree, judgment or order of any court of competent jurisdiction; nor, after such sale or sales, claim or exercise any right under any statute now or hereafter made or enacted by any state or otherwise to redeem the property so sold or any part thereof, and, to the full extent legally permitted, except as to rights expressly provided herein, hereby expressly waives for itself and on behalf of each and every Person, except decree or judgment creditors of Borrower, acquiring any interest in or title to the Collateral or any part thereof subsequent to the date of this Agreement, all benefit and advantage of any such law or laws, and covenants that it will not invoke or utilize any such law or laws or otherwise hinder, delay or impede the execution of any power herein granted and delegated to Lender, but will suffer and permit the execution of every such power as though no such power, law or laws had been made or enacted.

  • Administrative Agent Reliance on Lender Funding Unless the Administrative Agent shall have been notified by a Lender prior to (or, in the case of a Borrowing of Base Rate Loans, by 1:00 p.m. (Chicago time) on) the date on which such Lender is scheduled to make payment to the Administrative Agent of the proceeds of a Loan (which notice shall be effective upon receipt) that such Lender does not intend to make such payment, the Administrative Agent may assume that such Lender has made such payment when due and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower the proceeds of the Loan to be made by such Lender and, if any Lender has not in fact made such payment to the Administrative Agent, such Lender shall, on demand, pay to the Administrative Agent the amount made available to the Borrower attributable to such Lender together with interest thereon in respect of each day during the period commencing on the date such amount was made available to the Borrower and ending on (but excluding) the date such Lender pays such amount to the Administrative Agent at a rate per annum equal to: (i) from the date the related advance was made by the Administrative Agent to the date two (2) Business Days after payment by such Lender is due hereunder, the Federal Funds Rate for each such day and (ii) from the date two (2) Business Days after the date such payment is due from such Lender to the date such payment is made by such Lender, the Base Rate in effect for each such day. If such amount is not received from such Lender by the Administrative Agent immediately upon demand, the Borrower will, on demand, repay to the Administrative Agent the proceeds of the Loan attributable to such Lender with interest thereon at a rate per annum equal to the interest rate applicable to the relevant Loan, but without such payment being considered a payment or prepayment of a Loan under Section 1.11 hereof so that the Borrower will have no liability under such Section with respect to such payment.

  • AGENTS AND LENDERS rights and remedies under this Agreement shall be cumulative and nonexclusive of any other rights and remedies that Agent or any Lender may have under any other agreement, including the other Loan Documents, by operation of law or otherwise. Recourse to the Collateral shall not be required.