Administrative Agent and Representative. It is understood and agreed that (a) the Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Credit Agreement and the provisions of Section 12 of the Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Administrative Agent hereunder and (b) [ ] is entering into this Agreement in its capacity as [Trustee] under [indenture] and the provisions of Article [ ] of such indenture applicable to the Trustee thereunder shall also apply to the Trustee hereunder.
Administrative Agent and Representative. It is understood and agreed that (a) the Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Credit Agreement and the provisions of Article IX of the Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Administrative Agent hereunder and (b) [ ] is entering into this Agreement in its capacity as [Administrative Agent] [Trustee] under [credit agreement] [indenture] (the [“Additional Administrative Agent”] [“Trustee”]) and the provisions of Article [ ] of such indenture applicable to the Trustee thereunder shall also apply to the [Additional Administrative Agent] [Trustee] hereunder.
Administrative Agent and Representative. It is understood and agreed that (a) the First Lien Administrative Agent is entering into this Agreement in its capacity as administrative agent under the First Lien Term Credit Agreement and the provisions of the First Lien Term Credit Agreement applicable to the Administrative Agent (as defined therein) thereunder shall also apply to the First Lien Administrative Agent hereunder, (b) the Initial Second Lien Representative is entering into this Agreement in its capacity as [administrative agent and collateral agent] under the Initial Second Lien Debt Agreement and the provisions of the Initial Second Lien Debt Agreement applicable to the Administrative Agent (as defined therein) thereunder shall also apply to the Initial Second Lien Representative hereunder and (c) each other Representative party hereto is entering into this Agreement in its capacity as trustee or agent for the secured parties referenced in the applicable Additional Senior Priority Debt Document or Additional Second Priority Debt Document (as applicable) and the corresponding exculpatory and liability-limiting provisions of such agreement applicable to such Representative thereunder shall also apply to such Representative hereunder.
Administrative Agent and Representative. It is understood and agreed that (a) the Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Credit Agreement and the provisions of Section 12 of the Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Administrative Agent hereunder and (b) Credit Suisse AG is entering into this Agreement in its capacity as Administrative Agent under that certain Second Lien Credit Agreement dated as of December 18, 2013, among Holdings, the Initial Borrower, the Company, and Credit Suisse AG, as administrative agent and collateral agent, and the other parties thereto and the provisions of Section 12 of such credit agreement applicable to the Administrative Agent thereunder shall also apply to the Administrative Agent hereunder.
Administrative Agent and Representative. It is understood and agreed that (a) the Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Credit Agreement and the provisions of Section 12 of the Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Administrative Agent hereunder and (b) Xxxxxx Xxxxxxx Senior Funding, Inc. is entering into this Agreement in its capacity as administrative agent and collateral agent under that certain Second Lien Credit Agreement dated as of March 13, 2014, among Holdings, the Initial Borrower, the Company, NVI and Xxxxxx Xxxxxxx Senior Funding, Inc., as administrative agent and collateral agent, and the other parties thereto and the provisions of Section 12 of such credit agreement applicable to the administrative agent thereunder shall also apply to it as Initial Second Priority Representative hereunder.
Administrative Agent and Representative. It is understood and agreed that (a) the First Lien Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Loan Documents and the provisions of Article XI of the First Lien Credit Agreement applicable to the Administrative Agent (as defined therein) thereunder (or the Equivalent Provision thereof) shall also apply to the First Lien Administrative Agent hereunder and (b) the Second Lien Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Second Lien Loan Documents and the provisions of Article XI of the Second Lien Credit Agreement applicable to the Administrative Agent (as defined therein) thereunder (or the Equivalent Provision thereof) shall also apply to the Second Lien Administrative Agent hereunder.
Administrative Agent and Representative. It is understood and agreed that (a) the Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Credit Agreement and the provisions of Section 12 of the Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Administrative Agent hereunder and (b) [ ] is entering into this Agreement in its capacity as administrative agent and collateral agent under that certain Second Lien [Agreement] dated as of [ ], 20[ ], among the Borrower, [the Grantors identified therein], [ ], as [description of capacity] and the other parties thereto and the provisions of Section [12] of such credit agreement applicable to the administrative agent thereunder shall also apply to it as Initial Second Priority Representative hereunder.
Administrative Agent and Representative. (a) It is understood and agreed that (i) the Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Credit Agreement and the provisions of Article XI of the Credit Agreement shall also apply to the Administrative Agent hereunder and (ii) Wilmington Trust, National Association is entering into this Agreement in its capacity as administrative agent and collateral agent under the Initial Second Priority Credit Agreement and the provisions of Article XI of the Initial Second Priority Credit Agreement applicable to the Administrative Agent thereunder shall also apply to the Administrative Agent hereunder.
(b) Each Representative and Secured Party hereby (i) appoints the Designated Term Debt Representative to act as the “Term Agent” under and as defined in the ABL/Term Intercreditor Agreement and (ii) acknowledges and agrees that the Secured Obligations constitute “Term Obligations” under and as defined in the ABL/Term Intercreditor Agreement. Without limitation of the foregoing, each Representative and Secured Party further acknowledges and agrees that it will be bound by and will take no actions contrary to the provisions of the ABL/Term Intercreditor Agreement, consents to the subordination of Liens on the ABL Priority Collateral (as defined in the ABL/Term Intercreditor Agreement) securing the Secured Obligations on the terms set forth in the ABL/Term Intercreditor Agreement and authorizes and instructs the Designated Term Debt Representative to subject the Liens on the Shared Collateral securing the Secured Obligations to the provisions of the ABL/Term Intercreditor Agreement. As between the Secured Parties, on one hand, and the ABL Secured Parties, on the other hand, the Designated Term Debt Representative (or any person authorized by it) shall have the exclusive right on behalf of the Secured Parties to enforce rights, exercise remedies (including setoff and the right to credit bid debt) and make determinations regarding the release, disposition or restrictions with respect to the Shared Collateral without any consultation with or the consent of any other Representative or any Secured Party, in each case to the extent that such exercise or enforcement is governed by the ABL/Term Intercreditor Agreement; provided, however, that, solely as among the Secured Parties, nothing in this Section 8.20(b) shall impair the rights or obligations of any Representative or Secured Party to take such ac...
Administrative Agent and Representative. It is understood and agreed that (a) the Administrative Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Credit Agreement and the provisions of Article VIII of the Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Administrative Agent hereunder and (b) Initial Second Priority Representative is entering into this Agreement in its capacity as administrative agent and collateral agent under the Initial Second Priority Debt Documents and the provisions of Article VIII of such agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Initial Second Priority Representative hereunder.
Administrative Agent and Representative. It is understood and agreed that (a) the Trustee and the Notes Collateral Agent are entering into this Agreement in their capacities as trustee and collateral agent under the Indenture and the provisions of Article VII and Section 12.9 of the Indenture applicable to the Trustee and “Collateral Agent” (as defined therein) thereunder shall also apply to it hereunder and (b) [ ] is entering into this 1 Include similar acknowledgement for each Additional Collateral Agent and Additional Authorized Representative. Agreement in its capacity as [Administrative Agent] [Trustee] under [credit agreement] [indenture] and the provisions of Article [ ] of such [credit agreement] [indenture] applicable to [ ] (as defined therein) thereunder shall also apply to it hereunder2. 2 Include similar acknowledgements for the Initial Additional Authorized Representative and each Additional Authorized Representative and Additional Collateral Agent.
