BISF definition
Examples of BISF in a sentence
No failure to exercise, and no delay in exercising, on the part of the Collateral Agent, BISF or any other Person, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right.
THE GUARANTORS, THE COLLATERAL AGENT AND BISF HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF THE PARTIES HERETO.
No representation or warranty has been made by the Collateral Agent, BISF or any other party to it in order to induce it to execute this Agreement.
In no event shall the Collateral Agent or BISF be required to pay any of such Guarantor’s costs and expenses in connection with such action or otherwise.
Any renewal, extension, increase, modification, alteration or rearrangement of all or any part of the Guaranteed Obligations, the Loan Documents or any other document, instrument, contract or understanding among the Borrower and the Guaranteed Parties, or any other parties, pertaining to the Guaranteed Obligations or any failure of the Collateral Agent, BISF or any other Person to notify any Guarantor of any such action.
The Borrower, Equity Holder, BISF Agent, LLC, in its capacity as administrative agent, Collateral Agent, Paying Agent, Document Custodian and the Lenders are party to that certain Credit Agreement, dated as of November 22, 2019 (as amended, restated, supplemented and/or modified prior to the date hereof, including pursuant to (i) that certain Amendment ▇▇.
If any Guarantor becomes liable for any indebtedness owing by any of the Group Members to the Collateral Agent or any other Guaranteed Party, by endorsement or otherwise, other than under this Agreement, such liability shall not be in any manner impaired or affected hereby and the rights of the Collateral Agent, BISF or such other Guaranteed Party hereunder shall be cumulative of any and all other rights that the Collateral Agent, BISF and such other Guaranteed Parties may have against such Guarantor.
This Agreement may be enforced by the Collateral Agent (acting upon the written direction of the Required Lenders), BISF and the other Guaranteed Parties and shall not be discharged by the assignment or negotiation of all or part of the Loans or any of the other Obligations.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided that the Guarantors may not, without the prior written consent of the Collateral Agent (acting at the direction of the Required Lenders) and BISF, assign any of their rights, powers, duties or obligations hereunder.
Its: Managing Member By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: President [Credit Agreement Signature Page] BISF AGENT LLC, as Administrative Agent By: /s/ ▇▇▇▇▇▇ ▇.