Other Agent Designations. Agent may at any time and from time to time determine that a Lender may, in addition, be a “Co-Agent”, “Syndication Agent”, “Documentation Agent” or similar designation hereunder and enter into an agreement with such Lender to have it so identified for purposes of this Agreement. Any such designation shall be effective upon written notice by Agent to Administrative Borrower of any such designation. Any Lender that is so designated as a Co-Agent, Syndication Agent, Documentation Agent or such similar designation by Agent shall have no right, power, obligation, liability, responsibility or duty under this Agreement or any of the other Financing Agreements other than those applicable to all Lenders as such. Without limiting the foregoing, the Lenders so identified shall not have or be deemed to have any fiduciary relationship with any Lender and no Lender shall be deemed to have relied, nor shall any Lender rely, on a Lender so identified as a Co-Agent, Syndication Agent, Documentation Agent or such similar designation in deciding to enter into this Agreement or in taking or not taking action hereunder.
Other Agent Designations. Working Capital Agent may at any time and from time to time determine that a Lender may, in addition, be a “Co-Agent”, “Syndication Agent”, “Documentation Agent” or similar designation hereunder and enter into an agreement with such Lender to have it so identified for purposes of this Agreement. Any such designation shall be effective upon written notice by Working Capital Agent to Administrative Borrower of any such designation. Any Lender that is so designated as a Co-Agent, Syndication Agent, Documentation Agent or such similar designation by Working Capital Agent shall have no right, power, obligation, liability, responsibility or duty under this Agreement or any of the other Financing Agreements other than those applicable to all Lenders as such. Without limiting the foregoing, the Lenders so identified shall not have or be deemed to have any fiduciary relationship with any Lender and no Lender shall be deemed to have relied, nor shall any Lender rely, on a Lender so identified as a Co-Agent, Syndication Agent, Documentation Agent or such similar designation in deciding to enter into this Agreement or in taking or not taking action hereunder.
Other Agent Designations. (a) Section 12 of the Loan Agreement is hereby amended by inserting the following new Section 12.16 at the end of such Section:
Other Agent Designations. 103 Section 13. TERM OF AGREEMENT; MISCELLANEOUS ............................. 103 13.1. Term ........................................................... 103 13.2. Interpretative Provisions ...................................... 105 13.3. Notices ........................................................ 107 13.4. Partial Invalidity ............................................. 108 13.5. Confidentiality ................................................ 108 13.6. Successors ..................................................... 109 13.7. Assignments; Participations .................................... 109 13.8. Entire Agreement ............................................... 112
Other Agent Designations. Administrative Agent may at any time and from time to time determine that a Lender may, in addition, be a “Co-Administrative Agent”, “Syndication Agent”, “Documentation Agent”, “
Other Agent Designations. 91 SECTION 13. TERM OF AGREEMENT; MISCELLANEOUS......................................... 92 13.1 Term........................................................................ 92
Other Agent Designations. TERM OF AGREEMENT; MISCELLANEOUS Term. Interpretative Provisions. Notices. Partial Invalidity. Confidentiality. Successors. Assignments; Participations. Entire Agreement. USA Patriot Act. Counterparts, Etc. INDEX TO EXHIBITS AND SCHEDULES Exhibit A Form of Assignment and Acceptance Exhibit B Borrowing Base Certificate Exhibit C Information Certificate Exhibit E Form of Compliance Certificate Exhibit F Form of Qualified Cash and Liquidity Report Schedule1.79 Inactive Subsidiaries Schedule 1.126 Pledged Equity Interests Schedule 4.1(g) Collateral Access Agreements LOAN AND SECURITY AGREEMENT This Loan and Security Agreement (this “Agreement”) dated December 18, 2009 is entered into by and among ADC TELECOMMUNICATIONS, INC., a Minnesota corporation (“ADC”), ADC TELECOMMUNICATIONS SALES, INC., a Minnesota corporation (“ADC Sales”), and LGC WIRELESS, INC., a Delaware corporation (“Wireless” and together with ADC and ADC Sales, individually each, a “Borrower” and collectively, “Borrowers”, as hereinafter further defined), ADC DSL SYSTEMS, INC., a Delaware corporation (“DSL”), ADC OPTICAL SYSTEMS, INC., a Delaware corporation (“Optical”), ADC INTERNATIONAL HOLDING INC., a Delaware corporation (“International”), and ADC INTERNATIONAL OUS, INC., a Minnesota corporation (“OUS” and, together with DSL, Optical, and International, individually each, a “Guarantor”, and collectively, “Guarantors”, as hereinafter further defined), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as agent for Issuing Bank and Lenders (in such capacity, “Agent” as hereinafter further defined).
Other Agent Designations. Administrative Agent may at any time and from time to time determine that a Lender may, in addition, be a “Administrative Agent”, “Syndication Agent”, “Documentation Agent” or similar designation hereunder and enter into an agreement with such Lender to have it so identified for purposes of this Agreement. Administrative Agent shall provide written notice to Lead Borrower of any such agreement. Any Lender that is so designated as a Administrative Agent, Syndication Agent, Documentation Agent or such similar designation by Administrative Agent shall have no right, power, obligation, liability, responsibility or duty under this Agreement or any of the other Financing Agreements other than those applicable to all Lenders as such. Without limiting the foregoing, the Lenders so identified shall not have or be deemed to have any fiduciary relationship with any Lender and no Lender shall be deemed to have relied, nor shall any Lender rely, on a Lender so identified as a Administrative Agent, Sustainability Structuring Agent, Syndication Agent, Documentation Agent or such similar designation in deciding to enter into this Agreement or in taking or not taking action hereunder.
Other Agent Designations. The Lenders identified in the preamble to this Agreement as the “Syndication Agent”, the “Co-Documentation Agents”, the “Joint Lead Arrangers” and the “Joint Bookrunners”, respectively, shall, in each case, not have any right, power, obligation, liability, responsibility or duty under this Agreement or any of the other Loan Documents other than those applicable to all Lenders as such. Without limiting the foregoing, the Lenders so identified as the “Syndication Agent”, the “Co-Documentation Agents”, the “Joint Lead Arrangers” and the “Joint Bookrunners”, respectively, shall not have or be deemed to have any fiduciary relationship with any Lender. Each Lender acknowledges that it has not relied, and will not rely, on the Lenders so identified as the “Syndication Agent”, the “Co-Documentation Agents”, the “Joint Lead Arrangers” and the “Joint Bookrunners” in deciding to enter into this Agreement and each other Loan Document to which it is a party or in taking or not taking action hereunder or thereunder.
Other Agent Designations. The Lenders identified in the preamble to this Agreement as the “Co-Syndication Agents”, the “Co-Documentation Agents” and the “Senior Managing Agents”, respectively, shall, in each case, not have any right, power, obligation, liability, responsibility or duty under this Agreement or any of the other Loan Documents other than those applicable to all Lenders as such. Without limiting the foregoing, the Lenders so identified as the “Co-Syndication Agents” and the “Co-Documentation Agents”, respectively, shall not have or be deemed to have any fiduciary relationship with any Lender. Each Lender acknowledges that it has not relied, and will not rely, on the Lenders so identified as the “Co-Syndication Agents”, the “Co-Documentation Agents” and the “Senior Managing Agents” in deciding to enter into this Agreement and each other Loan Document to which it is a party or in taking or not taking action hereunder or thereunder.
