Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Kennedy Lewis Capital Co)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 8 contracts
Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in in, all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notespromissory notes issued pursuant to Section 2.6, if any, to secure obligations of such Lender including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower Company and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 8 contracts
Samples: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.), Credit and Guaranty Agreement (Veritone, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 8 contracts
Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve BankBank or to any other central bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and (2) provided further that in no event shall the applicable Federal Reserve Bank, other central bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (GWG Holdings, Inc.), And Guaranty Agreement (GWG Holdings, Inc.), And Guaranty Agreement (GWG Holdings, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.06, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the Loans or other Obligations owed by or to such Lender, Lender and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement (Facebook Inc), Credit Agreement
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.06, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including including, without limitation, any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, Bank or other pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 4 contracts
Samples: Intercreditor Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Boise Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 11.06 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) in provided further, that no event such pledge or assignment shall substitute the applicable Federal Reserve Bank, pledgee or trustee, be considered to be trustee for such Lender as a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunderparty hereto.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Digitalglobe, Inc.), Credit and Guaranty Agreement (Digitalglobe, Inc.), Credit and Guaranty Agreement (Digitalglobe Inc)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Navistar International Corp), Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided, further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower Borrowers and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.06, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, Loans and the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the FRB and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; and provided further, and (2) that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Term Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided further, and (2) that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Counterpart Agreement (Isola Group Ltd.), Counterpart Agreement (Isola Group Ltd.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Amerigroup Corp), Credit and Guaranty Agreement (Global Crossing LTD)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1i) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2ii) in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (TiVo Corp), Credit and Guaranty Agreement (TiVo Corp)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; and provided, and (2) further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and (2) further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (Keystone Automotive Operations Inc)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and (2) provided further that in no event shall the 1095171012\7\AMERICAS applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (PetIQ, Inc.), Credit and Guaranty Agreement (PetIQ, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Molycorp, Inc.), Credit Agreement (Molycorp, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.06, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; and provided further, and (2) that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve BankBank or other central bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Atlantic Power Corp), Operations and Maintenance Agreement (Atlantic Power Corp)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.02, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its LoansAdvances, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including Lender, including, without limitation, to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) provided, no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.), Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.06 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, Lender and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Federal Reserve Board and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Fly Leasing LTD), Term Loan Credit Agreement (Fly Leasing LTD)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, 103 pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Counterpart Agreement (Arizona Chemical Ltd.), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower Borrowers and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Ambassadors International Inc), Credit and Guaranty Agreement (Ambassadors International Inc)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.06, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the each Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Counterpart Agreement (Och-Ziff Capital Management Group LLC), Governance Agreement (Och-Ziff Capital Management Group LLC)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and (2) further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Alion Science & Technology Corp), Intercreditor Agreement (Alion Science & Technology Corp)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided further, and (2) that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement, Credit and Guaranty Agreement (TerraForm Power, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.07 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the among Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Abl Credit Agreement (United States Steel Corp), Abl Credit Agreement (United States Steel Corp)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank; provided that (1) no Lender, as between the Borrower Borrowers and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Chrysler Group LLC), Credit Agreement (Chrysler Group LLC)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, Term Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Alon USA Energy, Inc.), Counterpart Agreement (Alon USA Partners, LP)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank, or other central banks; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Bridge Credit and Guaranty Agreement (Leonardo DRS, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; and provided further, and (2) that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.07 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the among Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.. (9)
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Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 any Lender 9.6, Issuing Bank may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, Issuing Bank to secure obligations of such Lender Issuing Bank, including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, Issuing Bank shall not be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a the “LenderIssuing Bank” or be entitled to require the assigning Lender Issuing Bank to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a 147 result of any such assignment and pledge, ; and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its 106 Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank; provided that (1) no Lender, as between the Borrower Company and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, Lender to secure obligations of such Lender including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender or between an Agent and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, Bank be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, 148 pledge and/or grant a security interest in all or any portion of its Loans, Loans or the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, ; and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender to any Person that is not a Disqualified Person including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Loan Notes, if any, to secure obligations of such Lender including including, without limitation, to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in in, all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower Company and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Term Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Loan Agreement (Ener1 Inc)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including including, without limitation, to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.07 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the among Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event 277 shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including including, without limitation, any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower Company and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Federal Reserve Board and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Term Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.06, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, Loans and the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the FRB and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; and provided further, and (2) that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder. 11.7.
Appears in 1 contract
Samples: Credit Agreement (New Mountain Guardian III BDC, L.L.C.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Pledge and Security Agreement (AbitibiBowater Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6, any Lender may assign, pledge and/or grant a security interest or xxxxx x Xxxx in all or any portion of its Loans, the other Obligations owed by or to such Lender, Lender and its Notespromissory notes issued pursuant to Section 2.4, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal 119 Reserve Bank; provided that (1) provided, no Lender, as between the Borrower Companies and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and (2) further, in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, Lender and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledgepledge and provided further, and (2) that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Loan Obligations owed by or to such Lender, and its Loan Notes, if any, to secure obligations of such Lender including including, without limitation, to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to under this Section 11.6 9.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to under Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no . No Lender, as between the Borrower and such Lender, shall will be relieved of any of its obligations hereunder under this Agreement as a result of any such assignment and pledge, and (2) in no event shall will the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.under this Agreement
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Inovalon Holdings, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender Purchaser may assign, pledge and/or grant a security interest in all or any portion of its LoansNotes, the other Obligations owed by or to such LenderPurchaser, and its Notes, if any, to secure obligations of such Lender Purchaser including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no LenderPurchaser, as between the Borrower Issuer and such LenderPurchaser, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “LenderPurchaser” or be entitled to require the assigning Lender Purchaser to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Note Purchase Agreement and Guaranty (Inspired Entertainment, Inc.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.06 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, Lender and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Federal Reserve Board and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided, further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Credit Agreement (Fly Leasing LTD)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 15.5, any Lender Bank may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the interest hereunder and other Obligations owed by or to such Lender, and its Notes, if any, Bank to secure obligations of such Lender including Bank, including, without limitation, to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) provided, no LenderBank, as between the Borrower Parent and such LenderBank, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, in no event shall the applicable Federal Reserve Bank, pledgee or trustee, trustee be considered to be a “LenderBank” or be entitled to require the assigning Lender Bank to take or omit to take any action hereunder.
Appears in 1 contract
Samples: Master Accounts Receivable Purchase Agreement (World Fuel Services Corp)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its 108 Notes, if any, to secure obligations of such Lender including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.
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Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 9.06, any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the Loans or other Obligations owed by or to such Lender, Lender and its Notes, if any, to secure obligations of such Lender Lender, including to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such any Federal Reserve BankBank or to any other central bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further that in no event shall the applicable Federal Reserve BankBank or other central bank, pledgee or trustee, trustee be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
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Samples: Credit Agreement (Facebook Inc)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 any Lender may 150 assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
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Samples: Credit Agreement (Owl Rock Technology Income Corp.)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, assign and/or pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, Lender to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided provided, that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) provided further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
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Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International)
Certain Other Assignments and Participations. In addition to any other assignment or participation permitted pursuant to this Section 11.6 10.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, Loans and the other Obligations owed by or to such Lender, and its Notes, if any, Lender to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge; provided, and (2) further, that in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.
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