Acknowledgments. Each party hereto hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party; (b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 42 contracts
Samples: Credit Agreement (OneStream, Inc.), Security Agreement (RBC Bearings INC), Term Loan Security Agreement (Academy Sports & Outdoors, Inc.)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Pledge Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor Pledgor arising out of or in connection with this Security Pledge Agreement or any of the other Credit Documents, and the relationship between the GrantorsPledgors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors Pledgors and the Lenders and any other Secured Party.
Appears in 25 contracts
Samples: Credit Agreement (OneStream, Inc.), Term Loan Pledge Agreement (Academy Sports & Outdoors, Inc.), Abl Pledge Agreement (Academy Sports & Outdoors, Inc.)
Acknowledgments. Each party hereto Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Administrative Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Administrative Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 6 contracts
Samples: Security Agreement (Rockwood Holdings, Inc.), Credit Agreement (Rockwood Specialties Group Inc), Security Agreement (Jostens IH Corp.)
Acknowledgments. Each party hereto hereby acknowledges that:
(ai) it has been advised by counsel in the negotiation, execution and delivery of this Security Pledge Agreement and the other Credit Documents to which it is a party;
(bii) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor Pledgor arising out of or in connection with this Security Pledge Agreement or any of the other Credit Documents, and the relationship between the GrantorsPledgors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(ciii) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors Pledgors and the Lenders and any other Secured Party.
Appears in 4 contracts
Samples: Credit Agreement (Energy Future Intermediate Holding CO LLC), Credit Agreement (Kinder Morgan Holdco LLC), Credit Agreement (Kinder Morgan Inc)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a partyPledge Agreement;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor Pledgor arising out of or in connection with this Security Agreement Pledge Agreement, the Indenture or any of the other Credit DocumentsIntercreditor Agreement, and the relationship between the GrantorsPledgors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders Holders and any other Secured Party or among the Grantors Pledgors and the Lenders Holders and any other Secured Party.
Appears in 3 contracts
Samples: Pledge Agreement (DISH Network CORP), Pledge Agreement (DISH Network CORP), Pledge Agreement (DISH Network CORP)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Pledge Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor Pledgor arising out of or in connection with this Security Pledge Agreement or any of the other Credit Documents, and the relationship between the GrantorsPledgors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors Plegdors and the Lenders and any other Secured Party.
Appears in 3 contracts
Samples: Pledge Agreement, Pledge Agreement (Gardner Denver Holdings, Inc.), Pledge Agreement (Del Monte Foods Co)
Acknowledgments. Each party hereto Granting Party hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Note Documents to which it is a party;
(b) neither none of the Note Collateral Agent nor or any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Note Documents, and the relationship between the Grantors, on the one hand, and the Note Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Note Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors and the Lenders and any other Secured PartyParties.
Appears in 3 contracts
Samples: Collateral Agreement (Hd Supply, Inc.), Collateral Agreement (Hd Supply, Inc.), Collateral Agreement (Hd Supply, Inc.)
Acknowledgments. Each party hereto Credit Party hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a partyDocuments;
(b) neither the Collateral Agent Administrative Agent, the Issuing Lender nor any other Secured Party Lender has any fiduciary relationship with or duty to any Grantor Credit Party arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the GrantorsAdministrative Agent, the Issuing Lender and the Lenders, on the one hand, and the Collateral Agent and the other Secured Partieseach Credit Party, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors any Credit Party and the Lenders and any other Secured PartyLenders.
Appears in 3 contracts
Samples: Credit Agreement (Clearwater Analytics Holdings, Inc.), Credit Agreement (Atlantic Broadband Finance, LLC), Credit Agreement (Atlantic Broadband Finance, LLC)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a partyAgreement;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement Agreement, the Indenture or any of the other Credit DocumentsIntercreditor Agreement, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders Holders and any other Secured Party or among the Grantors and the Lenders Holders and any other Secured Party.
Appears in 3 contracts
Samples: Security Agreement (DISH Network CORP), Security Agreement (DISH Network CORP), Security Agreement (DISH Network CORP)
Acknowledgments. Each party hereto Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 3 contracts
Samples: Security Agreement (Accellent Inc), Credit Agreement (Avago Technologies LTD), Security Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Acknowledgments. (a) Each party hereto Grantor hereby acknowledges that:
(ai) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Finance Documents to which it is a party;
(bii) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Finance Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(ciii) no joint venture is created hereby or by the other Credit Finance Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors and the Lenders and any other Secured PartyParties.
Appears in 2 contracts
Samples: Security Agreement (Bankrate, Inc.), Security Agreement (RDA Holding Co.)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Notes Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Note Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Notes Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 2 contracts
Samples: Security Agreement (First Data Corp), Security Agreement (First Data Corp)
Acknowledgments. Each party hereto Granting Party hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Loan Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor Granting Party arising out of or in connection with this Security Agreement or any of the other Credit Loan Documents, and the relationship between the GrantorsGranting Parties, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Loan Documents or otherwise exists by virtue of the transactions contemplated hereby and thereby among the Lenders and any other Secured Party Parties or among the Grantors Granting Parties and the Lenders and any other Secured PartyParties.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Sirva Inc), Guarantee and Collateral Agreement (Sirva Inc)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors and the Lenders and any other Secured PartyParties.
Appears in 2 contracts
Samples: Abl Credit Agreement (Avaya Holdings Corp.), Term Loan Credit Agreement (Avaya Holdings Corp.)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other First Lien Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other First Lien Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other First Lien Secured Party or among the Grantors and the Lenders and any other First Lien Secured Party.
Appears in 2 contracts
Samples: Security Agreement (Energy Future Holdings Corp /TX/), Security Agreement (Hca Inc/Tn)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) a. it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Financing Documents to which it is a party;
(b) b. neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Financing Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) c. no joint venture is created hereby or by the other Credit Financing Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 2 contracts
Samples: Security Agreement (Energy Future Holdings Corp /TX/), Senior Secured Debtor in Possession Credit Agreement (Energy Future Competitive Holdings Co LLC)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit First Lien Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit First Lien Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit First Lien Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Samples: Security Agreement (First Data Corp)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Loan Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Loan Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Acknowledgments. Each party hereto Credit Party hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and Agreement, the other Credit Documents to which it is a partyand the Interim Order and the Final DIP Order;
(b) neither the Collateral no Agent nor any other Secured Party or Xxxxxx has any fiduciary relationship with or duty to any Grantor such Credit Party arising out of or in connection with this Security Agreement or Agreement, any of the other Credit DocumentsDocuments or the Interim Order or the Final DIP Order, as applicable, and the relationship between the GrantorsAgents and Lenders, on the one hand, and the Collateral Agent and the other Secured Partiessuch Credit Party, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or the Interim Order or the Final DIP Order, or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors such Credit Party and the Lenders and any other Secured PartyLenders.
Appears in 1 contract
Samples: Secured Super Priority Debtor in Possession Credit Agreement (Trico Marine Services Inc)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Pledge Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor Pledgor arising out of or in connection with this Security Pledge Agreement or any of the other Credit Documents, and the relationship between the GrantorsPledgors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or ar among the Grantors Plegdors and the Lenders and any other Secured Party.
Appears in 1 contract
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Senior Secured Documents to which it is a party;
(b) neither the Collateral Agent nor any other no Senior Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Senior Secured Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Senior Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Senior Secured Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Senior Secured Party Parties or among the Grantors and the Lenders and any other Senior Secured PartyParties.
Appears in 1 contract
Acknowledgments. Each party hereto hereby acknowledges that:
: (a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Indenture Documents to which it is a party;
; (b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Indenture Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
and (c) no joint venture is created hereby or by the other Credit Indenture Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Samples: Security Agreement
Acknowledgments. Each party hereto Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Note Documents to which it is a party;
(b) neither the Notes Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Note Documents, and the relationship between the Grantors, on the one hand, and the Notes Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Note Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders Holders and any other Secured Party or among the Grantors and the Lenders Holders and any other Secured Party.
Appears in 1 contract
Samples: Security Agreement (Accellent Inc)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors and the Lenders and any other Secured PartyParties.
Appears in 1 contract
Samples: Security Agreement (MRC Global Inc.)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Notes Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Notes Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Notes Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders Holders and any other Secured Party or among the Grantors and the Lenders Holders and any other Secured Party.
Appears in 1 contract
Samples: Security Agreement (Academy Sports & Outdoors, Inc.)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Indenture Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Indenture Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Indenture Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Samples: Security Agreement (Hca Inc/Tn)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders Lenders, Letter of Credit Issuers and any other Secured Party or among the Grantors and the Lenders and Letter of Credit Issuers and any other Secured Party.
Appears in 1 contract
Samples: Revolving Loan Security Agreement (McJunkin Red Man Holding Corp)
Acknowledgments. Each party hereto Granting Party hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Note Financing Documents to which it is a party;
(b) neither none of the Collateral Agent nor any other Secured Party Parties has any fiduciary relationship with or duty to any Grantor Granting Party arising out of or in connection with this Security Agreement or any of the other Credit Note Financing Documents, and the relationship between the GrantorsGranting Parties, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Note Financing Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors Granting Parties and the Lenders and any other Secured PartyParties.
Appears in 1 contract
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Loan Documents to which it is a party;
(b) neither none of the Collateral Agent nor or any other Secured Party in its respective capacity as such has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Loan Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or hereby, by the other Credit Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors and the Lenders and any other Secured PartyParties.
Appears in 1 contract
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Canadian Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Canadian Lenders and any other Secured Party or among the Grantors and the Canadian Lenders and any other Secured Party.
Appears in 1 contract
Samples: Canadian Abl Pledge and Security Agreement (Univar Inc.)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any the Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Samples: Term Loan Security Agreement (McJunkin Red Man Holding Corp)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Second Lien Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Second Lien Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Second Lien Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Samples: Security Agreement (First Data Corp)
Acknowledgments. Each party hereto Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Canadian Administrative Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Canadian Administrative Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Financing Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Financing Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Financing Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Credit Agreement (Energy Future Competitive Holdings Co LLC)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or any of the other Credit Documents, and the relationship between the Grantors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors and the Lenders and any other Secured Party.
Appears in 1 contract
Samples: Term Loan Security Agreement (McJunkin Red Man Holding Corp)
Acknowledgments. Each party hereto hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Pledge Agreement and the other Credit Loan Documents to which it is a party;
(b) neither the Collateral Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor Pledgor arising out of or in connection with this Security Pledge Agreement or any of the other Credit Loan Documents, and the relationship between the GrantorsPledgors, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party or among the Grantors Pledgors and the Lenders and any other Secured Party.
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Acknowledgments. Each party hereto Granting Party hereby acknowledges that:: ---------------
(a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Credit Note Financing Documents to which it is a party;
(b) neither none of the Collateral Agent nor any other Secured Party Parties has any fiduciary relationship with or duty to any Grantor Granting Party arising out of or in connection with this Security Agreement or any of the other Credit Note Financing Documents, and the relationship between the GrantorsGranting Parties, on the one hand, and the Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Credit Note Financing Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders and any other Secured Party Parties or among the Grantors Granting Parties and the Lenders and any other Secured PartyParties.
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