Agreement Among Lenders. The Lenders agree among themselves that:
Agreement Among Lenders. Lenders shall have entered into the Agreement Among Lenders;
Agreement Among Lenders. Section 10.1 Agreement Among Lenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Section 10.2 Lender Credit Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Section 10.3 Benefits of Article . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 ARTICLE 11
Agreement Among Lenders. Section 10.1
Agreement Among Lenders. Pursuant to the provisions of Schedule 9.23 to this Agreement, the Administrative Agent, the FILO Agent and the Required Lenders have agreed to certain arrangements relating to matters requiring the consent or approval of some or all of the Required Revolving Lenders (as defined in Schedule 9.23) and to such other matters as set forth therein (such agreement, the “Agreement Among Lenders”). Each Person who becomes a Lender pursuant to an assignment permitted under Section 9.04 shall be bound by the terms of such Agreement Among Lenders as if such Person was an original party hereto. The Loan Parties hereby acknowledge and agree to the provisions of the Agreement Among Lenders in effect on the Second Amendment Effective Date; provided, that it is understood and agreed that no Loan Party is a party to such Agreement Among Lenders or a third party beneficiary of such agreement.
Agreement Among Lenders. Pursuant to the provisions of Schedule 9.23 to this Agreement, the Administrative Agent, the FILO Agent and the Required Lenders have agreed to certain arrangements relating to matters requiring the consent or approval of some or all of the Required Revolving Lenders (as defined in Schedule 9.23, and which shall otherwise constitute Required Lenders) and to such other matters as set forth therein (such agreement, the “Agreement Among Lenders”). Each Person who becomes a Lender pursuant to an assignment permitted under Section 9.04 shall be bound by the terms of such Agreement Among Lenders as if such Person was an original party hereto. The Loan Parties hereby acknowledge and agree to the provisions of the Agreement Among Lenders in effect on the First Amendment Effective Date; provided, that it is understood and agreed that no Loan Party is a party to such Agreement Among Lenders or a third party beneficiary of such agreement.
Agreement Among Lenders. REFERENCE IS MADE TO THE AGREEMENT AMONG LENDERS. EACH OF HOLDINGS AND THE BORROWERS ACKNOWLEDGES THE AGREEMENT AMONG LENDERS SOLELY IN RELATION TO THE APPLICATION OF PAYMENTS OR PROCEEDS MADE AS SET FORTH THEREIN. EACH LENDER HEREUNDER (INCLUDING, WITHOUT LIMITATION, ANY LENDER THAT PROVIDES AN INCREMENTAL LOAN COMMITMENT) AGREES THAT IT WILL BE BOUND BY AND WILL TAKE NO ACTIONS CONTRARY TO THE PROVISIONS OF THE AGREEMENT AMONG LENDERS. THE PROVISIONS OF THIS SECTION 14.10 ARE NOT INTENDED TO SUMMARIZE ALL RELEVANT PROVISIONS OF THE AGREEMENT AMONG LENDERS. REFERENCE MUST BE MADE TO THE AGREEMENT AMONG LENDERS ITSELF TO UNDERSTAND ALL TERMS AND CONDITIONS THEREOF. EACH LENDER IS RESPONSIBLE FOR MAKING ITS OWN ANALYSIS AND REVIEW OF THE AGREEMENT AMONG LENDERS AND THE TERMS AND PROVISIONS THEREOF, AND NEITHER AGENT NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION TO ANY LENDER AS TO THE SUFFICIENCY OR ADVISABILITY OF THE PROVISIONS CONTAINED IN THE AGREEMENT AMONG LENDERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN ANY OTHER CREDIT DOCUMENT, IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THIS AGREEMENT AND THE AGREEMENT AMONG LENDERS, THE TERMS OF THE AGREEMENT AMONG LENDERS SHALL GOVERN AND CONTROL. 112
Agreement Among Lenders. 82 Section 10.2 Lender Credit Decision................................................................85 Section 10.3
Agreement Among Lenders. That certain Agreement Among Lenders dated as of the date hereof by and among Administrative Agent, as “first out” lender and Term Loan B Agent and its Affiliates, as “last out” lenders;
Agreement Among Lenders. EXHIBITS: Exhibit A — Form of Assignment and Assumption Exhibit B-1 — Form of Increasing Lender Supplement[Reserved] Exhibit B-2 — Form of Augmenting Lender Supplement[Reserved] Exhibit C — Form of Borrowing Base Certificate Exhibit D — Form of Compliance Certificate Exhibit E — Joinder Agreement Exhibit F-1 — U.S. Tax Certificate (For Foreign Lenders that are not Partnerships for U.S. Federal Income Tax Purposes) Exhibit F-2 — U.S. Tax Certificate (For Foreign Participants that are not Partnerships for U.S. Federal Income Tax Purposes) Exhibit F-3 — U.S. Tax Certificate (For Foreign Participants that are Partnerships for U.S. Federal Income Tax Purposes) Exhibit F-4 — U.S. Tax Certificate (For Foreign Lenders that are Partnerships for U.S. Federal Income Tax Purposes) Exhibit G — Form of Borrowing Request Exhibit H — Form of Interest Election Request Exhibit I — Form of FILO Note AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 9, 2021 (as it may be amended or modified from time to time, this “Agreement”) among BED BATH AND &BEYOND INC., as the Company, the other U.S. Borrowers party hereto, the Canadian Borrowers party hereto, the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent and SIXTH STREET SPECIALTY LENDING, INC., as FILO Agent. The parties hereto agree as follows:
