Common use of Administrative Agent and Representative Clause in Contracts

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.

Appears in 3 contracts

Samples: Term Credit Agreement (Fossil Group, Inc.), Term Credit Agreement (Ascena Retail Group, Inc.), Junior Priority Intercreditor Agreement (Mens Wearhouse Inc)

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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 Term Credit Agreement and the provisions of Section 12 of the First Lien Term Credit Agreement applicable to the Administrative Agent Agents (as defined therein) thereunder shall also apply to the First Lien Administrative Agent hereunder, (b) the Initial Second Lien Representative Administrative Agent is entering into this Agreement in its capacity as [administrative agent and collateral agent] agent under the Initial Second Lien Debt Credit Agreement and the provisions of Section 12 of the Initial Second Lien Debt Credit Agreement applicable to the Administrative Agent Agents (as defined therein) thereunder shall also apply to the Initial Second Lien Representative Administrative Agent 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.

Appears in 2 contracts

Samples: Intercompany Loan Agreement (Grocery Outlet Holding Corp.), First Lien Credit Agreement (Grocery Outlet Holding Corp.)

Administrative Agent and Representative. It is understood and agreed that (a) the First Lien Administrative Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Term Credit Agreement and the provisions of Section 12 of the First Lien Term Credit Agreement applicable to the Administrative Agent Agents (as defined therein) thereunder shall also apply to the First Lien Administrative Collateral Agent hereunder, (b) the Initial Second Lien Representative Agent 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 Section [ ] of the Initial Second Lien Debt Agreement applicable to the Administrative Agent Agents (as defined therein) thereunder shall also apply to the Initial Second Lien Representative Agent 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.

Appears in 2 contracts

Samples: Junior Priority Intercreditor Agreement (Snap One Holdings Corp.), Junior Priority Intercreditor Agreement (MultiPlan Corp)

Administrative Agent and Representative. It is understood and agreed that (a) the First Lien Administrative Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Term Credit Agreement and the provisions of Section 12 of the First Lien Term Credit Agreement applicable to the Administrative Agent (as defined therein) thereunder shall also apply to the First Lien Administrative Collateral Agent hereunder, (b) the Initial Second Lien Representative is entering into this Agreement in its capacity as [administrative agent and collateral agent] agent under the Initial Second Lien Debt Agreement and the provisions of Section 12 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.

Appears in 2 contracts

Samples: Intercreditor Agreement (PAE Inc), Intercreditor Agreement (VERRA MOBILITY Corp)

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 Term Credit Agreement and the provisions of Article IX of the First Lien Term Credit Agreement applicable to the Administrative Agent Agents (as defined therein) thereunder shall also apply to the First Lien Administrative Agent hereunder, (b) the Initial Second Lien Representative Administrative Agent is entering into this Agreement in its capacity as [administrative agent and collateral agent] agent under the Initial Second Lien Debt Credit Agreement and the provisions of Article IX of the Initial Second Lien Debt Credit Agreement applicable to the Administrative Agent Agents (as defined therein) thereunder shall also apply to the Initial Second Lien Representative Administrative Agent 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.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (EWT Holdings I Corp.), First Lien (GMS Inc.)

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Administrative Agent and Representative. It is understood and agreed that (a) the First Lien Administrative Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Term Credit Agreement and the provisions of Article X of the First Lien Term Credit Agreement applicable to the Administrative Agent (as defined therein) thereunder shall also apply to the First Lien Administrative Collateral Agent hereunder, (b) the Initial Second Lien Representative is entering into this Agreement in its capacity as [trustee] [administrative agent agent] [and collateral agent] under the Initial Second Lien Debt Agreement and the provisions of [ ] of the Initial Second Lien Debt Agreement applicable to the [Administrative Agent Agent] [Trustee] (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.

Appears in 1 contract

Samples: Credit Agreement (Lamb Weston Holdings, Inc.)

Administrative Agent and Representative. It is understood and agreed that (a) the First Lien Administrative Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Term Credit Agreement and the provisions of Article IX of the First Lien Term Credit Agreement applicable to the Administrative Agent (as defined therein) thereunder shall also apply to the First Lien Administrative Collateral Agent hereunder, (b) the Initial Second Lien Representative is entering into this Agreement in its capacity as [administrative agent and collateral agent] agent under the Initial Second Lien Debt Agreement and the provisions of Article IX 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.

Appears in 1 contract

Samples: Intercreditor Agreement (ZoomInfo Technologies Inc.)

Administrative Agent and Representative. It is understood and agreed that (a) the First Lien Administrative Credit Agreement Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Term Credit Agreement and the provisions of Article VIII of the First Lien Term Credit Agreement applicable to the Administrative Agent (as defined therein) thereunder shall also apply to the First Lien Administrative Credit Agreement Collateral Agent hereunder, (b) the Initial Second Junior Lien Representative is entering into this Agreement in its capacity as [administrative agent and collateral agent] agent under the Initial Second Junior Lien Debt Agreement and the provisions of [ ] of the Initial Second Junior Lien Debt Agreement applicable to the Administrative Agent (as defined therein) thereunder shall also apply to the Initial Second Junior 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 Junior 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.

Appears in 1 contract

Samples: Patent Security Agreement (Dole PLC)

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