Common use of Amendments to Financing Arrangements or to this Agreement Clause in Contracts

Amendments to Financing Arrangements or to this Agreement. The Banks' Agent agrees to use reasonable efforts to give, concurrently with any written amendment or modification in the Loan Documents that: (i) purports to affect Receivables or any Bank Interest therein; or (ii) modifies the definitions of Subsidiary or Receivables Securitization Program contained in the Credit Agreement, or otherwise would require the Receivables Subsidiary to be subject (directly or indirectly) to any of the representations, warranties or covenants of Subsidiaries or Material Subsidiaries under the Credit Agreement or to be obligated to pay any of the obligations to the Banks or to the Banks' Agent under the Credit Agreement and other Loan Documents; or (iii) would affect the ability of Avondale Mills to (a) transfer Receivables (and expressly including indebtednxxx xrising out of a Bill and Hold Arrangement) and related assets to the Receivables Selxxx, (b) make capital contributions to the Receivables Seller or (c) advance funds to the Receivables Seller, prompt notice to the Administrative Agent and the Receivables Collateral Agent of the same and the Administrative Agent agrees to use reasonable efforts to, concurrently with any written amendment or modification in the Receivables Documents, notify the Banks' Agent of the same; provided, however, that the failure to do so shall not create a cause of action against any party failing to give such notice or create any claim or right on behalf of any third party or affect any such amendment or modification. Each party hereto shall, upon reasonable request of any other party hereto, provide copies of all such modifications or amendments and copies of all other documentation relevant to the Receivables Program Assets or the Bank Collateral. All modifications or amendments of this Agreement must be in writing and duly executed by an authorized officer of each party hereto to be binding and enforceable.

Appears in 2 contracts

Samples: Intercreditor Agreement (Avondale Inc), Intercreditor Agreement (Avondale Inc)

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Amendments to Financing Arrangements or to this Agreement. The Banks' Agent agrees to use reasonable efforts to give, concurrently with any written amendment or modification in the Loan Documents that: (i) purports to affect Receivables or any Bank Interest therein; or (ii) modifies the definitions of Subsidiary "Securitization Documents" or Receivables "Securitization Program Facility" contained in the Credit Agreement, or otherwise would require the Receivables Subsidiary to be subject (directly or indirectly) to any of the representations, warranties or covenants of Subsidiaries or Material Subsidiaries under the Credit Agreement or to be obligated to pay any of the obligations to the Banks or to the Banks' Agent under the Credit Agreement and other Loan Documents; or (iii) would affect the ability of Avondale Mills Xxxxx to (a) transfer Receivables (and expressly including indebtednxxx xrising indebtedness arising out of a Bill Xxxx and Hold Arrangement) and related assets to the Receivables SelxxxSeller, (b) make capital contributions to the Receivables Seller or (c) advance funds to the Receivables Seller, prompt notice to the Administrative Agent and the Receivables Collateral Agent of the same and the Administrative Agent agrees to use reasonable efforts to, concurrently with any written amendment or modification in the Receivables Documents, notify the Banks' Agent of the same; provided, however, that the failure to do so shall not create a cause of action against any party failing to give such notice or create any claim or right on behalf of any third party or affect any such amendment or modification. Each party hereto shall, upon reasonable request of any other party hereto, provide copies of all such modifications or amendments and copies of all other documentation relevant to the Receivables Program Assets or the Bank Collateral. All modifications or amendments of this Agreement must be in writing and duly executed by an authorized officer of each party hereto to be binding and enforceable.

Appears in 1 contract

Samples: Intercreditor Agreement (Avondale Inc)

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Amendments to Financing Arrangements or to this Agreement. The Banks' Agent Each of the Companies shall, and each of the Lenders agrees to use reasonable efforts to give, concurrently with any written amendment or modification in the Loan Documents that: to which it is a party and concurrently with the execution and delivery of any Additional Future Debt Document (i) purports to affect Receivables or any Bank Interest therein; or (ii) modifies the definitions of Subsidiary or Receivables Securitization Program contained as defined in the Credit Collateral Agency and Intercreditor Agreement, or otherwise would require the Receivables Subsidiary to be subject (directly or indirectly) to any of the representations, warranties or covenants of Subsidiaries or Material Subsidiaries under the Credit Agreement or to be obligated to pay any of the obligations to the Banks or to the Banks' Agent under the Credit Agreement and other Loan Documents; or (iii) would affect the ability of Avondale Mills to (a) transfer Receivables (and expressly including indebtednxxx xrising out of which it is a Bill and Hold Arrangement) and related assets to the Receivables Selxxx, (b) make capital contributions to the Receivables Seller or (c) advance funds to the Receivables Sellerparty, prompt notice to the Administrative Receivables Agent of the same, and the Receivables Collateral Agent of the same and the Administrative Agent agrees to use reasonable efforts to, concurrently with any written amendment or modification in the Receivables Related Documents, notify the Banks' Agent Lenders of the same; providedPROVIDED, howeverHOWEVER, that the failure to do so shall not create a cause of action against any party failing to give such notice or create any claim or right on behalf of any third party or affect any such amendment or modification. Each party hereto Receivables Agent, each of the Lenders and the Collateral Agent shall, upon reasonable request of any other party heretothe other, provide copies of all such modifications or modifications, amendments and Additional Future Debt Documents to which it is party and copies of all other documentation in its possession relevant to the Receivables Program Assets or the Bank Lender Collateral. Notwithstanding any confidentiality provisions in the Related Documents and the Loan Documents, the Companies, Receivables Agent and the Collateral Agent hereby agree that the foregoing sharing of documentations relevant to the Receivables Assets or the Lender Collateral shall not create a cause of action against any party hereto. All modifications or amendments of this Agreement must be in writing and duly executed by an authorized officer of each party hereto to be binding and enforceable.

Appears in 1 contract

Samples: Intercreditor Agreement (Castle a M & Co)

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