Examples of CIBC US in a sentence
With respect to their Loans (if any), CIBC US and its Affiliates shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though CIBC US were not Administrative Agent, and the terms “Lender” and “Lenders” include CIBC US and its Affiliates, to the extent applicable, in their individual capacities.
Each Lender acknowledges that, pursuant to such activities, CIBC US or its Affiliates may receive information regarding a Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Borrower or such Affiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them.
If, at any time, Administrative Agent shall not have received on the date due, any payment of interest upon the Loans or any fee described herein, Administrative Agent may direct the disbursement of funds from any deposit account of any Borrower maintained at CIBC US to Lenders, in accordance with the terms hereof, to the extent available therein for payment of any such amount.
CIBC US and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Loan Parties and Affiliates thereof as though CIBC US were not Administrative Agent hereunder and without notice to or consent of any Lender.
All deposit, reserve, escrow and other bank accounts of each Loan Party and their Subsidiaries and each General Partner shall be established and maintained with CIBC US, except as prohibited by the ABS Notes and, with respect to any accounts of a Subsidiary of Borrower, subject to the terms of any Indebtedness that it is permitted to incur under this Credit Agreement.