Global Agent has the meaning specified in the preamble, and any duly qualified and appointed successor or successors of U.S. Bank thereto.
Issuing Agent means Pareto Securities AB, or another party replacing it, as Issuing Agent, in accordance with these Terms and Conditions.
Fiscal Agent ABN AMRO Bank N.V., a Netherlands banking corporation in its capacity as fiscal agent of the Trustee, or its successor in interest, or any successor fiscal agent appointed as herein provided.
Lead Agent has the meaning given to it above;
the Agent means the estate agency described at paragraph 5 of the Schedule;
London Agent means X.X. Xxxxxx Europe Limited.
Administrative Agent means Bank of America in its capacity as administrative agent under any of the Loan Documents, or any successor administrative agent.
DIP Agent means the administrative agent for the DIP Lenders as defined in the DIP Credit Agreement.
Syndication Agent as defined in the preamble hereto.
Agent means any Registrar or Paying Agent.
Bank Agent means the agent for the lenders under the Credit Agreement or its successors as agent for the lenders under the Credit Agreement.
JPMCB means JPMorgan Chase Bank, N.A.
Agent Bank means, in relation to a Series of Securities, the entity (if any) appointed as such under the Agency Agreement and as specified in the Issue Terms.
KeyBank means KeyBank National Association.
Information Agent The meaning specified in Section 14.16.
Wells Fargo means Wells Fargo Bank, National Association.
LC Issuer means Bank of America in its capacity as issuer of Letters of Credit hereunder, or any successor issuer of Letters of Credit hereunder.
Bank of America means Bank of America, N.A. and its successors.
Canadian Agent as defined in the preamble hereto.
Co-Syndication Agent means each of Bank of America, N.A., Branch Banking and Trust Company and Xxxxx Fargo Bank, N.A. in its capacity as syndication agent for the credit facility evidenced by this Agreement.
Letter of Credit Issuer means such successor or such new issuer of Letters of Credit effective upon such appointment. At the time such resignation or replacement shall become effective, the Borrower shall pay to the resigning or replaced Letter of Credit Issuer all accrued and unpaid fees pursuant to Sections 4.1(c) and 4.1(d). The acceptance of any appointment as a Letter of Credit Issuer hereunder whether as a successor issuer or new issuer of Letters of Credit in accordance with this Agreement, shall be evidenced by an agreement entered into by such new or successor issuer of Letters of Credit, in a form satisfactory to the Borrower and the Administrative Agent and, from and after the effective date of such agreement, such new or successor issuer of Letters of Credit shall become a “Letter of Credit Issuer” hereunder. After the resignation or replacement of a Letter of Credit Issuer hereunder, the resigning or replaced Letter of Credit Issuer shall remain a party hereto and shall continue to have all the rights and obligations of a Letter of Credit Issuer under this Agreement and the other Credit Documents with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. In connection with any resignation or replacement pursuant to this clause (a) (but, in case of any such resignation, only to the extent that a successor issuer of Letters of Credit shall have been appointed), either (i) the Borrower, the resigning or replaced Letter of Credit Issuer and the successor issuer of Letters of Credit shall arrange to have any outstanding Letters of Credit issued by the resigning or replaced Letter of Credit Issuer replaced with Letters of Credit issued by the successor issuer of Letters of Credit or (ii) the Borrower shall cause the successor issuer of Letters of Credit, if such successor issuer is reasonably satisfactory to the replaced or resigning Letter of Credit Issuer, to issue “back-stop” Letters of Credit naming the resigning or replaced Letter of Credit Issuer as beneficiary for each outstanding Letter of Credit issued by the resigning or replaced Letter of Credit Issuer, which new Letters of Credit shall be denominated in the same currency as, and shall have a face amount equal to, the Letters of Credit being back-stopped and the sole requirement for drawing on such new Letters of Credit shall be a drawing on the corresponding back-stopped Letters of Credit. After any resigning or replaced Letter of Credit Issuer’s resignation or replacement as Letter of Credit Issuer, the provisions of this Agreement relating to a Letter of Credit Issuer shall inure to its benefit as to any actions taken or omitted to be taken by it (A) while it was a Letter of Credit Issuer under this Agreement or (B) at any time with respect to Letters of Credit issued by such Letter of Credit Issuer.
Rabobank means Coöperatieve Rabobank U.A., New York Branch.
US Agent means a person (as de- fined in section 201(e) of the act (21U.S.C. 321(e))) residing or maintaining a place of business in the United States whom a foreign facility designates as its agent for purposes of this subpart. AU.S. agent cannot be in the form of a mailbox, answering machine or service, or other place where an individual act- ing as the foreign facility’s agent is not physically present.
Lead Arranger as defined in the preamble hereto.
ABL Administrative Agent means Bank of America in its capacity as administrative agent and collateral agent under the ABL Facilities Documentation, or any successor administrative agent and collateral agent under the ABL Facilities Documentation.
Prepetition Agent means Goldman Sachs Bank USA in its capacity as administrative agent and collateral agent under the Prepetition Credit Agreement.