Common use of Miscellaneous Assignment Provisions Clause in Contracts

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 5 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit (Mapics Inc)

AutoNDA by SimpleDocs

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any the Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower Company and with the consent of the Borrower Company and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Credit and Term Loan Agreement (Western Digital Corp), Revolving Credit and Term Loan Agreement (Marcam Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 S)18 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, as a condition precedent to the effectiveness of the assignment and prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 S)21 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its NotesLoans) (a) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341S)341 and (b) any Bank that is a fund that invests in bank loans may at any time pledge all or any portion of its interests and rights with respect to its Loans to any trustee for, or any other representative of, holders of obligations owed or securities issued by such fund as security for such obligations or securities, provided that any foreclosure or similar action by such trustee or -------- other representative shall be subject to the other provisions of this (S)21. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp), Credit and Term Loan Agreement (Petro Stopping Centers L P)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.15 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Connectivity Technologies Inc), Revolving Credit Agreement (National Auto Finance Co Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Stage Stores Inc), Revolving Credit Agreement (Freedom Securities Corp /De/)

Miscellaneous Assignment Provisions. Any assigning Bank shall ----------------------------------- retain ----------------------------------- its rights to be indemnified pursuant to (S)17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Fairfield Communities Inc), Credit Agreement (Fairfield Communities Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Republic Engineered Steels Inc), Revolving Credit Agreement (Hbo & Co)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 or any other express provision of this Credit Agreement with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxestaxes (such as Form 1001, 4224, W-8 or W-9, as applicable). If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to (a) any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. ss.341, or (S)341b) to a lender to such Bank (or trustee therefor) in connection with a bona fide financing transaction. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Holmes Group Inc), And Term Loan Agreement (Holmes Products Corp)

Miscellaneous Assignment Provisions. Any assigning Bank Lender shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank Lender transfers all of its interest, rights and obligations under this Credit Agreement, the Administrative Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority BanksLenders, appoint another Bank Lender to act as a Reference Bank Lender hereunder. Anything contained in this (S)20 Section 19 to the contrary notwithstanding, any Bank Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks Lenders organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Canadian Security Agreement (Republic Technologies International Holdings LLC)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 16 hereof with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any the Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority Banks, appoint another Bank to act as a the Reference Bank hereunder. Anything contained in this (S)20 Section 19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Terex Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 sec.17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 sec.20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 sec.4 of the Federal Reserve Act, 12 U.S.C. (S)341sec.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dynatech Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 S)19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Moore Medical Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank BKB transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Restaurant Group Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall ----------------------------------- retain ----------------------------------- its rights to be indemnified pursuant to (S)17 S)18 with respect to any claims or actions arising prior to the date of such assignment. If any assignee of a US Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to on or before the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its accountit becomes a party to this Credit Agreement, deliver to the US Borrower and the Administrative Agent the certification as referred to its exemption from deduction or withholding of any United States federal income taxesin (S)6.2.2(b). If any Reference Administrative Agent or the Issuing Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Administrative Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority Banks, appoint another Bank to act as a Reference Bank Administrative Agent or Issuing Bank, as the case may be, hereunder. Anything contained in this (S)20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 12 and Section 13 with respect to any claims or actions arising prior to the date of such assignment. If any Any assignee Bank that is not incorporated or organized under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Administrative Agent certification two duly completed copies of United States Internal Revenue Service Form W-8BEN or W-8ECI or successor applicable form, as the case may be, certifying in each case that such Bank is entitled to its exemption from receive payments under this Credit Agreement or any of the other Loan Documents payable to it, without deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 15 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 or any other express provision of this Credit Agreement with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Holmes Products Corp)

Miscellaneous Assignment Provisions. Any assigning Bank ----------------------------------- shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank or Acceding Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

Miscellaneous Assignment Provisions. Any assigning Bank Lender shall ----------------------------------- retain ----------------------------------- its rights to be indemnified pursuant to (S)17 S)18 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Administrative Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers (not to be unreasonably withheld or delayed by the Borrowers) and the Majority BanksLenders, appoint another Bank Lender to act as a Reference Bank hereunder. Anything contained in this (S)20 to the contrary notwithstanding, any Bank Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Samsonite Holdings Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 S)20 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, as a condition precedent to the effectiveness of the assignment and prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 S)22 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P)

Miscellaneous Assignment Provisions. Any assigning Bank shall ------------- ---------- ---------- retain ----------------------------------- its rights to be indemnified pursuant to (S)17 section 12 and section 13 with respect to any claims or actions arising prior to the date of such assignment. If any Any assignee Bank that is not incorporated or organized under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Administrative Agent certification two duly completed copies of United States Internal Revenue Service Form W-8BEN or W-8ECI or successor applicable form, as the case may be, certifying in each case that such Bank is entitled to its exemption from receive payments under this Credit Agreement or any of the other Loan Documents payable to it, without deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 section 15 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 section 4 of the Federal Reserve Act, 12 U.S.C. (S)341section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any the Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) (a) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341 or (S)341b) to a lender to such Bank (or a trustee therefor) in connection with a bona fide financing transaction. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents. 19.9.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rollins Truck Leasing Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 sect.15 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank FNBB transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunderreference bank hereunder for purposes of the definition of Eurodollar Rate. Anything contained in this (S)20 sect.17 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 sect.4 of the Federal Reserve Act, 12 U.S.C. (S)341sect.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents. 17.9.

Appears in 1 contract

Samples: Revolving Credit Agreement (New England Business Service Inc)

Miscellaneous Assignment Provisions. Any assigning Bank Lender shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 7.21 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification Certificates of Exemption, as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, provided in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunderSection 2.7.3. Anything contained in this (S)20 Section 13.3.7 to the contrary notwithstanding, any Bank Lender may at any time pledge all or any portion of its interest and rights under this Credit Loan Agreement (including all or any portion of its Notes) (i) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. ss.341, (S)341ii) in case of any Lender that is a fund, to any holders of obligations owed or securities issued by such Lender or to any trustee for or other representative of such holders, or (iii) as approved by the Agent. No such pledge or the enforcement thereof shall release the pledgor Bank Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Newkirk Master Lp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Stride & Associates Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.18 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.15 hereof with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.17 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. ss.341 and may at any time assign all or any portion of its interest and rights under this Credit Agreement (S)341including all or any portion of its Notes) to any Affiliate of such Bank (provided that such assignment to such Affiliate does not impose any additional tax liabilities on the Borrower), in each case without payment to the Agent of the registration fee as provided in ss.17.3 hereof. No such pledge or assignment or the enforcement thereof shall release the pledgor Pledgor or Assignor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Staples Inc)

Miscellaneous Assignment Provisions. Any assigning Bank Lender shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.18 with respect to any claims or actions arising prior to the date of such assignment. If On or before the date it becomes a party to this Credit Agreement and from time to time thereafter upon any assignee Bank change in status rendering any certificate or document previously delivered pursuant to ss.6.7 invalid or inaccurate, each Lender that is not incorporated organized under the laws of a jurisdiction outside the United States of America shall (but, with respect to any renewal or any state thereofchange in status, it shall, prior if legally able to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, do so) deliver to the Borrower Borrowers and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes, and each such Lender shall comply with all Applicable Laws with respect to such exemption and any renewal or extension thereof. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority BanksLenders, appoint another Bank Lender to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.21 to the contrary notwithstanding, any Bank Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve (12) Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Century Aluminum Co)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank BKB transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a the Reference Bank hereunder. Anything contained in this (S)20 S)19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 S)15 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 S)18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Answer Think Consulting Group Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 16 hereof with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 18 hereof to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Construction and Term Loan Agreement (Trailer Bridge Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank BankBoston transfers all of its interest, rights and obligations under this Credit Agreement, the Administrative Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference reference Bank for the purpose of determining the Eurodollar Rate hereunder. Anything contained in this (S)20 19 to the contrary notwithstanding, any Bank may (i) at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 4 of the Federal Reserve Act, 12 U.S.C. (S)341. No 341; provided that no such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan DocumentsDocuments and (ii) assign to another Bank listed on Schedule 1 hereto or an Affiliate of any Bank listed on Schedule 1 hereto all or a portion of its interests, rights and obligations under this Credit Agreement (including all or a portion of its Commitment Percentage and Commitment and the same portion of the Loans at the same time owing to it) without the prior written consent of the Borrower. 19.9.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rti Capital Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.18 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss. 18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss. 4 of the Federal Reserve Act, 12 U.S.C. (S)341ss. 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stage Stores Inc)

AutoNDA by SimpleDocs

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 §17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification in form and substance reasonably satisfactory to the Borrower as to its full exemption from deduction or withholding of any United States federal income taxes. If any the Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 §20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 §4 of the Federal Reserve Act, 12 U.S.C. (S)341§341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341, provided that any foreclosure or similar action by such trustee or other representative shall be subject to the other provisions of this Section 19. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cabot Microelectronics Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.ss.6.7, 6.8 and 18 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Company and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower Company and with the consent of the Borrower Company and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.20 to the contrary notwithstanding, (a) any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. ss.341 and (S)341b) any Bank that is a fund that invests in bank loans may at any time pledge all or any portion of its interests and rights with respect to its Term Note to any trustee for, or any other representative of, holders of obligations owed or securities issued by such fund as security for such obligations or securities, provided that any foreclosure or similar action by such trustee or other representative shall be subject to the other provisions of this ss.20. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Genrad Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 §17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, shall prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 §20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 §4 of the Federal Reserve Act, 12 U.S.C. (S)341§341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Fargo Electronics Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks 55 -50- organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Decisionone Holdings Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 hereof with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any the Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a the Reference Bank hereunder. Anything contained in this (S)20 ss.18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Freedom Securiteis Corp /De/)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 14 hereof with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 16 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. Section 341 and may at any time assign all or any portion of its interest and rights under this Credit Agreement (S)341including all or any portion of its Revolving Credit Notes) to any Affiliate of such Bank (provided that such assignment to such Affiliate does not impose any additional tax liabilities on the Borrower), in each case without payment to the Agent of the registration fee as provided in Section 16.3 hereof. No such pledge or assignment or the enforcement thereof shall release the pledgor Pledgor or Assignor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Staples Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Administrative Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Required Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hvide Marine Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 §15 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 §18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 §4 of the Federal Reserve Act, 12 U.S.C. (S)341§341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Rogers Corp)

Miscellaneous Assignment Provisions. Any assigning Bank Lender shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.17 with respect to any claims or actions arising prior prioR to the date of such assignment. If any assignee Bank Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any the Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Administrative Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority BanksLenders, appoint another Bank Lender to act as a the Reference Bank hereunder. Anything contained in this (S)20 ss.20 to the contrary notwithstanding, any Bank Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge pleDge or the enforcement thereof shall release the pledgor Bank Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (CML Group Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall ----------------------------------- retain ----------------------------------- its rights to be indemnified pursuant to (S)17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank BKB transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a the Reference Bank hereunder. Anything contained in this (S)20 S)19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Ameriking Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall ------------- ---------- ---------- retain ----------------------------------- its rights to be indemnified pursuant to (S)17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Revolver Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank Fleet transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a the Reference Bank hereunder. Anything contained in this (S)20 S)19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Revolver Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

Miscellaneous Assignment Provisions. Any assigning Bank Lender shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 with respect to any claims or actions arising prior to the date of such assignment. If On or before the date it becomes a party to this Credit Agreement and from time to time thereafter upon any assignee Bank change in status rendering any certificate or document previously delivered pursuant to ss.5.7 invalid or inaccurate, each Lender that is not incorporated organized under the laws of a jurisdiction outside the United States of America shall (but, with respect to any renewal or any state thereofchange in status, it shall, prior if legally able to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, do so) deliver to the Borrower Borrowers and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes, and each such Lender shall comply with all Applicable Laws with respect to such exemption and any renewal or extension thereof. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority BanksLenders, appoint another Bank Lender to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.19 to the contrary notwithstanding, any Bank Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve (12) Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Century Aluminum Co)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.19 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Administrative Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Required Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.22 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Hvide Marine Inc)

Miscellaneous Assignment Provisions. Any assigning Bank Lender shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank Lender is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower Borrowers and the Administrative Agent 86 certification as to its exemption from deduction or withholding of any United States federal income taxes. If any the Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Administrative Agent shall, in consultation with the Borrower Borrowers and with the consent of the Borrower Borrowers and the Majority BanksLenders, appoint another Bank Lender to act as a the Reference Bank hereunder. Anything contained in this (S)20 ss.20 to the contrary notwithstanding, any Bank Lender may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank Lender from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (CML Group Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 15 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 18 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (HPSC Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- ------------- ---------- ---------- its rights to be indemnified pursuant to (S)17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 S)19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) (a) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341, or (b) to a lender to such bank (or trustee therefor) in connection with a bona fide financing transaction. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents, provide any voting rights hereunder to the pledgee thereof, or affect any rights or obligations of the Borrower or the Agent hereunder.

Appears in 1 contract

Samples: Credit Agreement (Jackson Products Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 12 and Section 13 with respect to any claims or actions arising prior to the date of such assignment. If any Any assignee Bank that is not incorporated or organized under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Administrative Agent certification two duly completed copies of United States Internal Revenue Service Form 1001 or 4224 or successor applicable form, as the case may be, certifying in each case that such Bank is entitled to its exemption from receive payments under this Credit Agreement or any of the other Loan Documents payable to it, without deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 Section 15 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (United States Cellular Corp)

Miscellaneous Assignment Provisions. Any assigning Bank shall ----------------------------------- retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.16 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank or the Issuing Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank or Issuing Bank, as the case may be, hereunder. Anything contained in this (S)20 ss.19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Genesee & Wyoming Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 hereof with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank BkB transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a the Reference Bank hereunder. Anything contained in this (S)20 19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Revolving Credit Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jordan Telecommunication Products Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 ss.14 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank or Acceding Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Administrative Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 ss.17 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 ss.4 of the Federal Reserve Act, 12 U.S.C. (S)341ss.341. Notwithstanding any other provision in this Credit Agreement, any Bank that is a fund that invests in bank loans may, without the consent of the Administrative Agent or the Borrower, pledge all or any portion of the Loan or any Note held by it to any trustee for, or any other representative of, investors in, or holders of equity securities issued, by such fund, as security for such investment or securities; provided that any foreclosure or similar -------- action by such trustee shall be subject to the provisions of this ss.17 concerning assignments. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Term Loan Agreement (Fairfield Communities Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 §§16 and 17 with respect to any expenses, claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding withholdings of any United States federal income taxes. If any Reference Bank KeyBank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank Bank” for purposes of determining the LIBOR Rate hereunder. Anything contained in this (S)20 §19 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to (a) any of the twelve Federal Reserve Banks organized under (S)4 §4 of the Federal Reserve Act, 12 U.S.C. §341 or (S)341b) to a lender or such bank (or trustee therefor) in connection with a bona fide financing transaction. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents, provide any voting rights hereunder to the pledgee thereof, or affect any rights or obligations of the Borrower or the Agent hereunder.

Appears in 1 contract

Samples: Revolving Credit (Weider Nutrition International Inc)

Miscellaneous Assignment Provisions. Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 Section 15 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank BKB transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunderreference bank hereunder for purposes of the definition of Eurodollar Rate. Anything contained in this (S)20 Section 17 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 Section 4 of the Federal Reserve Act, 12 U.S.C. (S)341Section 341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (New England Business Service Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.