Common use of Assignments, Participations, Confidentiality Clause in Contracts

Assignments, Participations, Confidentiality. Any Lender and any L/C Issuer may from time to time, without notice to any Guarantor and without affecting any Guarantor’s obligations hereunder, transfer its interest in the Guaranteed Obligations to Eligible Assignees in the manner permitted by the Credit Agreement. Each Guarantor agrees that each such transfer will give rise to a direct obligation of such Guarantor to each such Eligible Assignee and that each such Eligible Assignee shall have the same rights and benefits under this Guaranty as it would have if it were a Lender or L/C Issuer, as the case may be, a party to the Credit Agreement and this Guaranty. Each Guarantor, the Administrative Agent, each Lender and each L/C Issuer agree that the provisions of Section 10.07 of the Credit Agreement shall apply to all information provided to the Administrative Agent, a Lender or an L/C Issuer by any Guarantor under this Guaranty or any other Loan Document to which such Guarantor is a party, other than any such information that is available to the Administrative Agent, any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by such Guarantor; provided that, in the case of information received from a Guarantor after the date hereof, such information is clearly identified in writing at the time of delivery as confidential.

Appears in 3 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

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Assignments, Participations, Confidentiality. This Guaranty shall (a) bind each Guarantor and its successors and assigns, provided that no Guarantor may assign its rights or obligations under this Guaranty without the prior written consent of Agent (and any attempted assignment without such consent shall be void) and (b) inure to the benefit of Agent, each Lender and each Affiliate of each Lender and their respective successors and assigns. Any Lender and any L/C Issuer may from time to time, without notice to any Guarantor and without affecting any Guarantor’s obligations hereunder, transfer its interest in the Guaranteed Obligations to Participants and Eligible Assignees as provided in the manner permitted by the Credit Agreement. Each Guarantor agrees that each such transfer will give rise to a direct obligation of such Guarantor to each such Participant and Eligible Assignee and that each such Participant and Eligible Assignee shall have the same rights and benefits under this Guaranty as it would have if it were a Lender or L/C Issuer, as the case may be, a party to the Credit Agreement and this Guaranty. Each Guarantor, the Administrative Agent, Agent and each Lender and each L/C Issuer agree that the provisions of Section 10.07 of the Credit Agreement shall apply to all information provided to the Administrative Agent, Agent or a Lender or an L/C Issuer by any Guarantor under this Guaranty or any other Loan Document to which such Guarantor is a party, other than any such information that is available to the Administrative Agent, Agent or any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by such Guarantor; provided that, in the case of information received from a Guarantor after the date hereof, such information is clearly identified in writing at the time of delivery as confidential.

Appears in 2 contracts

Samples: Credit Agreement (Flow International Corp), Security Agreement (Flow International Corp)

Assignments, Participations, Confidentiality. Any Lender and any L/C Issuer may from time to time, without notice to any Guarantor the Guarantors and without affecting any Guarantor’s 's obligations hereunder, transfer its interest in the Guaranteed Obligations to Eligible Participants and Assignees as provided in the manner permitted by the Credit Agreement. Each Guarantor agrees The Guarantors agree that each such transfer will give rise to a direct obligation of such Guarantor the Guarantors to each such Eligible Participant and Assignee and that each such Eligible Participant and Assignee shall have the same rights and benefits under this Guaranty as it would have if it were a Lender or L/C Issuer, as the case may be, a party to the Credit Agreement and this Guaranty. Each Guarantor agrees that a Lender may disclose to any assignee or purchaser, or any prospective assignee or purchaser, of all or part of the Guaranteed Obligations, any and all information in such Lender's possession concerning such Guarantor, this Guaranty, and any security for this Guaranty. The Guarantors, the Administrative Agent, Agent and each Lender and each L/C Issuer agree that the provisions of Section 10.07 10.17 of the Credit Agreement shall apply to all information identified as "confidential" or "secret" by the Guarantors and provided to the Administrative Agent, a Agent or such Lender by the Guarantors or an L/C Issuer by any Subsidiary of any Guarantor under this Guaranty or any other Loan Document to which such Guarantor is the Guarantors are a party, other than any such information that is available to the Administrative Agent, any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by such Guarantor; provided that, in the case of information received from a Guarantor after the date hereof, such information is clearly identified in writing at the time of delivery as confidential.

Appears in 2 contracts

Samples: Central Financial Acceptance Corp, Hispanic Express Inc

Assignments, Participations, Confidentiality. Any The Lender and any L/C Issuer may from time to time, without notice to any the Guarantor and without affecting any the Guarantor’s obligations hereunder, transfer its interest in the Guaranteed Obligations to Eligible Assignees and Participants as provided in the manner permitted by the Credit Agreement. Each The Guarantor agrees that each such transfer will give rise to a direct obligation of such the Guarantor to each such Eligible Assignee and Participant and that each such Eligible Assignee and Participant shall have the same rights and benefits under this Guaranty as it would have if it were a the Lender. The Guarantor and the Lender or L/C Issuer, as the case may be, a party to the Credit Agreement and this Guaranty. Each Guarantor, the Administrative Agent, each Lender and each L/C Issuer agree that the provisions of Section 10.07 of the Credit Agreement shall apply to all information provided to the Administrative Agent, a Lender or an L/C Issuer by any the Guarantor under this Guaranty or any other Loan Document to which such the Guarantor is a party, other than any such information that is available to the Administrative Agent, any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by such the Guarantor; provided that, in the case of information received from a the Guarantor after the date hereof, such information is clearly identified in writing at the time of delivery as confidential.

Appears in 2 contracts

Samples: Credit Agreement (Metal Management Inc), Credit Agreement (Sims Metal Management LTD)

Assignments, Participations, Confidentiality. Any Lender and any L/C Issuer may from time to time, without notice to any Guarantor and without affecting any Guarantor’s 's obligations hereunder, transfer its interest in the Guaranteed Obligations to Participants and Eligible Assignees as provided in the manner permitted by the Credit Agreement. Each Guarantor agrees that each such transfer will give rise to a direct obligation of such Guarantor to each such Participant and Eligible Assignee and that each such Participant and Eligible Assignee shall have the same rights and benefits under this Guaranty as it would have if it were a Lender or L/C Issuer, as the case may be, a party to the Credit Agreement and this Guaranty. Each Guarantor, the Administrative Agent, each Lender and each L/C Issuer agree that the provisions of Section 10.07 of the Credit Agreement shall apply to all information provided to the Administrative Agent, a Lender or an L/C Issuer by any Guarantor under this Guaranty or any other Loan Document to which such Guarantor is a party, other than any such information that is available to the Administrative Agent, any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by such Guarantor; provided that, in the case of information received from a Guarantor after the date hereof, such information is clearly identified in writing at the time of delivery as confidential.

Appears in 1 contract

Samples: Credit Agreement (Schnitzer Steel Industries Inc)

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Assignments, Participations, Confidentiality. Any Lender and any L/C Issuer may from time to time, without notice to any Guarantor and without affecting any Guarantor’s obligations hereunder, transfer its interest in the Guaranteed Obligations to Participants and Eligible Assignees as provided in the manner permitted by the Credit Agreement. Each Guarantor agrees that each such transfer Form of Credit Guaranty will give rise to a direct obligation of such Guarantor to each such Participant and Eligible Assignee and that each such Participant and Eligible Assignee shall have the same rights and benefits under this Guaranty as it would have if it were a Lender or L/C Issuer, as the case may be, a party to the Credit Agreement and this GuarantyLender. Each Guarantor, the Administrative Agent, Agent and each Lender and each L/C Issuer agree that the provisions of Section 10.07 of the Credit Agreement shall apply to all information provided to the Administrative Agent, Agent or a Lender or an L/C Issuer by any Guarantor under this Guaranty or any other Loan Document to which such Guarantor is a party, other than any such information that is available to the Administrative Agent, Agent or any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by such Guarantor; provided that, in the case of information received from a Guarantor after the date hereof, such information is clearly identified in writing at the time of delivery as confidential or is of a type or is given in a manner such that Agent or Lender should reasonably understand to be proprietary or confidential.

Appears in 1 contract

Samples: Guaranty Agreement (Shurgard Storage Centers Inc)

Assignments, Participations, Confidentiality. Any Lender and any L/C Issuer may from time to time, without notice to any Guarantor and without affecting any Guarantor’s obligations hereunder, transfer its interest in the Guaranteed Obligations to Participants and Eligible Assignees as provided in the manner permitted by the Credit Agreement. Each Guarantor agrees that each such transfer will give rise to a direct obligation of such Guarantor to each such Participant and Eligible Assignee and that each such Participant and Eligible Assignee shall have the same rights and benefits under this Guaranty as it would have if it were a Lender or L/C Issuer, as the case may be, a party to the Credit Agreement and this GuarantyLender. Each Guarantor, the Administrative Agent, Agent and each Lender and each L/C Issuer agree that the provisions of Section 10.07 of the Credit Agreement shall apply to all information provided to the Administrative Agent, Agent or a Lender or an L/C Issuer by any Guarantor under this Guaranty or any other Loan Document to which such Guarantor is a party, other than any such information that is available to the Administrative Agent, Agent or any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by such Guarantor; provided that, in the case of information received from a Guarantor after the date hereof, such information is clearly identified in writing at the time of delivery as confidential or is of a type or is given in a manner such that Agent or Lender should reasonably understand to be proprietary or confidential.

Appears in 1 contract

Samples: Guaranty Agreement (Shurgard Storage Centers Inc)

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