AND LENDER Sample Clauses

AND LENDERBANK OF MONTREAL,
AND LENDER. CREDIT SUISSE, CAYMAN ISLANDS BRANCH (formerly known as Credit Suisse First Boston, acting through its Cayman Islands Branch), in its capacity as Administrative Agent, Collateral Agent and Lender
AND LENDERTHE BANK OF NOVA SCOTIA,HOUSTON BRANCH,as a Documentation Agent and a Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Managing Director BMO XXXXXX BANK N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Director MIZUHO BANK, LTD., as a Lender By: /s/ Xxxxx XxXxxxxxxxx Name: Xxxxx XxXxxxxxxxx Title: Authorized Signatory MUFG BANK, LTD, as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: SVP U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President Branch Banking & Trust Company, as a Lender By: /s/ Lincoln XxXxxx Name: Lincoln XxXxxx Title: Vice President Capital One, National Association, as a Lender By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: Vice President DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Vice President ROYAL BANK OF CANADA, as a Lender By: /s/ Xxx X. Xxxxxxx Name: Xxx X. Xxxxxxx Title: Authorized Signatory SOCIETE GENERALE, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director The Toronto-Dominion Bank, New York Branch, as a Lender By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Authorized Signatory COMERICA BANK, as a Lender By: /s/ Xxxx X. Xxxxxxxxxx Name: Xxxx X. Xxxxxxxxxx Title: Vice President Credit Suisse AG, Cayman Islands Branch, as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Authorized Signatory ZIONS BANKCORPORATION, N.A. DBA AMEGY BANK, as a Lender By: /s/ G. Xxxxx Xxxxxxx Name: G. Xxxxx Xxxxxxx Title: Executive Vice President By: /s/ Xxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Assistant Vice President Barclays Bank PLC $170,000,000.00 8.50 % BMO Xxxxxx Bank N.A. $150,000,000.00 7.50 % Mizuho Bank, Ltd. $150,000,000.00 7.50 % MUFG Bank, Ltd. $150,000,000.00 7.50 % PNC Bank, National Association $150,000,000.00 7.50 % U.S. Bank National Association $150,000,000.00 7.50 % Xxxxx Fargo Bank, National Association $150,000,000.00 7.50 % Branch Banking & Trust Company $115,000,000.00 5.75 % Capital One, National Association $115,000,000.00 5.75 % Deutsche Bank AG New York Branch $115,000,000.00 ...
AND LENDERCapitalized terms used herein but not defined herein are used with the meanings given them in the Credit Agreement. By executing and delivering this Joinder Agreement, the undersigned hereby becomes a party to (i) the Security Agreement as a Grantor thereunder with the same force and effect as if originally named as a Grantor and (ii) the Guaranty Agreement as a Guarantor thereunder with the same force and effect as if originally named as a Guarantor. Without limiting the generality of the foregoing, the undersigned hereby grants to the Administrative Agent, as collateral security for the full, prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Obligations of the undersigned, hereby collaterally assigns, conveys, mortgages, pledges, hypothecates and transfers to the Administrative Agent and grants to the Administrative Agent a Lien on and security interest in, all of its right, title and interest in, to and under the Collateral and expressly assumes all obligations and liabilities of a Grantor or Guarantor, as the case may be, thereunder. The information set forth in Annex 1-A is hereby added to the information set forth in Schedules 1 and 4.2 to the Guaranty and Schedules II and III-F to the Security Agreement. The undersigned hereby represents and warrants that each of the representations and warranties contained in Sections 4 of both the Security Agreement and the Guaranty applicable to it are true and correct on and as the date hereof.
AND LENDERTRUIST BANK
AND LENDER. [●],as a Documentation Agent and a Lender By: Name: Title: [●], as a Lender By: Name: Title: Barclays Bank PLC $170,000,000.00 8.50% BMO Xxxxxx Bank N.A. $150,000,000.00 7.50% Mizuho Bank, Ltd. $150,000,000.00 7.50% MUFG Bank, Ltd. $150,000,000.00 7.50% PNC Bank, National Association $150,000,000.00 7.50% U.S. Bank National Association $150,000,000.00 7.50% Xxxxx Fargo Bank, National Association $150,000,000.00 7.50% Branch Banking & Trust Company $115,000,000.00 5.75% Capital One, National Association $115,000,000.00 5.75% Deutsche Bank AG New York Branch $115,000,000.00 5.75% Royal Bank of Canada $115,000,000.00 5.75% Societe Generale $115,000,000.00 5.75% The Toronto-Dominion Bank, New York Branch $115,000,000.00 5.75% The Bank of Nova Scotia, Houston Branch $115,000,000.00 5.75% Comerica Bank $75,000,000.00 3.75% Credit Suisse AG, Cayman Islands Branch $40,000,000.00 2.00% Amegy Bank $10,000,000.00 0.50% Pricing shall be based upon the Borrower’s rating on its senior unsecured non-credit enhanced publicly held indebtedness as follows: > BBB+ / Baa1 / BBB+ 1.0000% 0.000% Provided:

Related to AND LENDER

  • 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.

  • AGENT AND LENDERS BANK OF AMERICA, N.A.,

  • Defense of Agent’s and Lenders’ Interests Until (a) payment and performance in full of all of the Obligations and (b) termination of this Agreement, Agent’s interests in the Collateral shall continue in full force and effect. During such period no Borrower shall, without Agent’s prior written consent, pledge, sell (except Inventory in the Ordinary Course of Business and Equipment to the extent permitted in Section 4.3 hereof), assign, transfer, create or suffer to exist a Lien upon or encumber or allow or suffer to be encumbered in any way except for Permitted Encumbrances, any part of the Collateral. Each Borrower shall defend Agent’s interests in the Collateral against any and all Persons whatsoever. At any time following demand by Agent for payment of all Obligations, Agent shall have the right to take possession of the indicia of the Collateral and the Collateral in whatever physical form contained, including: labels, stationery, documents, instruments and advertising materials. If Agent exercises this right to take possession of the Collateral, Borrowers shall, upon demand, assemble it in the best manner possible and make it available to Agent at a place reasonably convenient to Agent. In addition, with respect to all Collateral, Agent and Lenders shall be entitled to all of the rights and remedies set forth herein and further provided by the Uniform Commercial Code or other Applicable Law. Each Borrower shall, and Agent may, at its option, instruct all suppliers, carriers, forwarders, warehousers or others receiving or holding cash, checks, Inventory, documents or instruments in which Agent holds a security interest to deliver same to Agent and/or subject to Agent’s order and if they shall come into any Borrower’s possession, they, and each of them, shall be held by such Borrower in trust as Agent’s trustee, and such Borrower will immediately deliver them to Agent in their original form together with any necessary endorsement.

  • and 5 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

  • Concerning the Collateral and Related Loan Documents Each member of the Lender Group authorizes and directs Agent to enter into this Agreement and the other Loan Documents. Each member of the Lender Group agrees (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to agree) that any action taken by Agent in accordance with the terms of this Agreement or the other Loan Documents relating to the Collateral and the exercise by Agent of its powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders (and such Bank Product Provider).

  • CHANGING THIS AGREEMENT We may change this Agreement, including (for example) changing the addresses and telephone numbers you should use to contact us, changing fees, adding new fees, changing the Daily Periodic Rates and corresponding APRs or increasing your required minimum payment. We may change this Agreement based on economic or market conditions, our business strategies or for any other reason (including reasons unrelated to you or your Account). Any changes we make to this Agreement may apply to new transactions and/or then-existing balances as described in any notice we are required to provide to you. We will notify you of changes to this Agreement as required by applicable law. We will mail any required written notice to the address we have on file for your Account.

  • Reliance by Agents and Lenders The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic Committed Loan Notices and Swing Line Loan Notices) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify each Agent-Related Person and each Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower in the absence of gross negligence or willful misconduct. All telephonic notices to the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

  • and 4 3.2 of the Agreement shall be deleted in their entirety and replaced by the following:

  • Nonliability of Agent and Lenders The relationship between the Borrower and the Lenders and the Agent shall be solely that of borrower and lender. Neither the Agent nor any Lender shall have any fiduciary responsibilities to the Borrower or the Parent and no provision in this Agreement or in any of the other Loan Documents, and no course of dealing between or among any of the parties hereto, shall be deemed to create any fiduciary duty owing by the Agent or any Lender to any Lender, the Borrower, any Subsidiary or any other Loan Party. Neither the Agent nor any Lender undertakes any responsibility to the Borrower or the Parent to review or inform the Borrower or the Parent of any matter in connection with any phase of the business or operations of the Borrower or the Parent.

  • Administrative Agent’s and Lender’s Rights In the case of any event specified in Section 4.4.1 [Unascertainable] above, the Administrative Agent shall promptly so notify the Lenders and the Borrower thereof, and in the case of an event specified in Section 4.4.2 [Illegality; Increased Costs; Deposits Not Available] above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A) the Lenders, in the case of such notice given by the Administrative Agent, or (B) such Lender, in the case of such notice given by such Lender, to allow the Borrower to select, convert to or renew a LIBOR Rate Option shall be suspended until the Administrative Agent shall have later notified the Borrower, or such Lender shall have later notified the Administrative Agent, of the Administrative Agent’s or such Lender’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent makes a determination under Section 4. 4.1 [Unascertainable] and the Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a LIBOR Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Lender notifies the Administrative Agent of a determination under Section 4.4.2 [