AGENTS AND LENDERS rights and remedies under this Agreement shall be cumulative and nonexclusive of any other rights and remedies that Agent or any Lender may have under any other agreement, including the other Loan Documents, by operation of law or otherwise. Recourse to the Collateral shall not be required.
AGENTS AND LENDERS. Each bank serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
AGENTS AND LENDERS rights and remedies under this Agreement or otherwise arising are cumulative and may be exercised singularly or concurrently. Neither the failure nor any delay on the part of Agent or any Lender to exercise any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise of that or any other right, power or privilege. NONE OF AGENT OR ANY LENDER SHALL BE DEEMED TO HAVE WAIVED ANY OF ITS RESPECTIVE RIGHTS UNDER THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT, INSTRUMENT OR PAPER SIGNED BY BORROWER UNLESS SUCH WAIVER IS EXPRESSED IN WRITING AND SIGNED BY AGENT, REQUISITE LENDERS OR ALL LENDERS, AS APPLICABLE. A waiver on any one occasion shall not be construed as a bar to or waiver of any right or remedy on any future occasion.
AGENTS AND LENDERS. 53 12.1 Agents.........................................................................................53 12.2 Expenses.......................................................................................55 12.3
AGENTS AND LENDERS. 41 12.1 Agents........................................................................ 41 12.2
AGENTS AND LENDERS. GOLDMAN SACHS CREDIT PARTNERS L.P. xxxxvidually and as Arranger and Syndication Agent By:/s/ ------------------------------------ Authorized Signatory Notice Address: Goldman Sachs Credit Partners L.P. 00xx Xxxxx 85 Broad Street New York, New Yoxx 00000 Xxxxxxxxx: Xxxxxxx Xxxx (Xxxxxx) Telecopy: (000) 000-0017 With a copy to: Goldman Sachs Credit Partners L.P. 00xx Xxxxx 85 Broad Street New York, New Yoxx 00000 Xxxxxxxxx: Xxxxx Xxxx (Xxxxxxxxns) Telecopy: (000) 002-3757 FLEET NATIONAL BANK, as Administrative Agent By:/s/ Stephen Curran --------------------------------- Name: Stephen Curran Title: AVP Notice Address: Fleet National Bank One Federal Street, 5th Floor Mail Stop MAOFD05P Boston, Massachusetts 02110 Attexxxxx: Xxxx Xxxx Telecopy: (617) 346-4600 with a copy to: Fleet National Bank One Federal Street, 3rd Floor Mail Sxxx XXXXX00X Xxxxxx, Xxxxxxxxxxxxx 00000 Attexxxxx: Xxxxx Xxxxxx Telecopy: (617) 346-0000 GENERAL ELECTRIC CAPITAL CORPORATION By:/s/ Murry Stegelmann --------------------------------------- Name: Murry Stegelmann Title: Duly Xxxxxxxxxx Xxxxxtory Notice Address: General Electric Capital Corporation 201 High Ridge Road Stamford, Coxxxxxxxxx 00000-0000 Xxxxxxxxx: Xxxxxx Xxxxxx, Assxxxxxx Telecopy: (203) 316-7978 With a copy to: General Electric Capital Corporation 201 High Ridge Road Stamford, Coxxxxxxxxx 00000-0000 Xxxxxxxxx: Xxxxx X. Xxxxxxxx, Xxxxxx Xxxx Xxesident Telecopy: (203) 316-7978 SOUTHERN PACIFIC BANK By:/s/ Cheryl A. Wasilewski ----------------------------------- Name: Cheryl A. Wasilewski Title: Xxxx Xxxxxxxxx Notice Address: Southern Pacific Bank 150 South Rodeo Drive, Suite 230 Xxxxxxx Xxxxx, XX 00000 Xxxxxxxxx: Xxxxxx Xxxxxxxxxx Telecopy: (310) 000-0000 TRANSAMERICA BUSINESS CREDIT CORPORATION By:/s/ Perry Vavoules ------------------------------------ Name: Perry Vavoules Title: Senior Xxxx Xxxxxxxxx Notice Address: Transamerica Business Credit Corporation 555 Theodore Fremd Avenue, Suite C-301 Xxx, Xxx Xxrk 10580 Attention: Perry Vavoules Telecopy: (914) 900-0000
AGENTS AND LENDERS. ABLECO FINANCE LLC, as Collateral Agent, Administrative Agent and Lender, for itself as a Lender and on behalf of its affiliate assigns as Lenders
AGENTS AND LENDERS. UBS AG, STAMFORD BRANCH, as Issuing Bank, Lender, Swingline Lender, Administrative Agent and Collateral Agent
AGENTS AND LENDERS. FIFTH THIRD BANK, an Ohio banking corporation, and successor by merger to Fifth Third Bank, a Michigan banking corporation, as Administrative Age9n, Collateral Agent and a Lender By: /s/ Xxxxx X. XxXxxxxxx Name: Xxxxx X. XxXxxxxxx Title: Vice President Amendment No. 3 to First Lien Credit and Guaranty Agreement
AGENTS AND LENDERS. THE BANK OF NOVA SCOTIA, as Administrative Agent, Issuing Lender and Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director, Paper For Forest Products /s/ Xxxx Nomaghan Xxxx Xxxxxxxx Associate [Credit Agreement — Bowater Canadian Forest Products Inc.] WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Vice President [Credit Agreement — Bowater Canadian Forest Products Inc.] BANK OF MONTREAL, as Swingline Lender and Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director [Credit Agreement — Bowater Canadian Forest Products Inc.] THE TORONTO DOMINION BANK, as Lender By: /s/ Parin Karnj Name: Parn Karnj Title: Manager [Credit Agreement — Bowater Canadian Forest Products Inc.] Xxx Xxxx xx Xxxx Xxxxxx 00 Xxxx Xxxxxx Xxxx Xxxxxx Plaza, 62nd Floor Toronto, Ontario M5W 2X6 Attention: Corporate Banking Loan Syndication Re: Credit Agreement dated as of May 31, 2006 (as amended, the "Credit Agreement") by and among Bowater Canadian Forest Products Inc., as borrower (the "Borrower"), Bowater Incorporated, as guarantor (the "U.S. Borrower"), the banks and financial institutions party thereto, as lenders (the "Lenders"), and The Bank of Nova Scotia, as administrative agent (the "Administrative Agent") This Authorization acknowledges our receipt and review of the execution copy of Credit Agreement in the form posted on SyndTrak Online. By executing this Authorization, we hereby approve the Credit Agreement and authorize the Administrative Agent to execute and deliver the Credit Agreement on our behalf. Each financial institution executing this Authorization agrees or reaffirms that it shall be a party to the Credit Agreement and the other Loan Documents (as defined in the Credit Agreement) to which Lenders are parties and shall have the rights and obligations of a Lender (as defined in the Credit Agreement), and agrees to be bound by the terms and provisions applicable to a "Lender", under each such agreement. In furtherance of the foregoing, each financial institution executing this Authorization agrees to execute any additional documents reasonably requested by the Administrative Agent to evidence such financial institution's rights and obligations under the Credit Agreement. By: Name: Title: $ (or any higher amount based on the Dollar Amount of Revolving Credit Loans denominated in Canadian Dollars made by the Lender to the Borrower) .200 FOR VALUE RECEIVED, the undersigned, BOWAER CANADIAN FOREST PRODUC...
