Common use of Bank Products Clause in Contracts

Bank Products. The Borrower may request and the Agent may, in its sole and absolute discretion, arrange for the Borrower to obtain from the Bank or the Bank’s Affiliates Bank Products although the Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees to reimburse the Agent, the Bank and the Lenders for any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates.

Appears in 4 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)

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Bank Products. The Borrower may request and the Agent may, in its sole and absolute discretion, arrange for the Borrower to obtain from the Bank or the Bank’s Affiliates Bank Products although the Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees to reimburse indemnify and hold the Agent, the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Spansion Inc.), Credit Agreement (Advanced Micro Devices Inc)

Bank Products. The Borrower may request and the Agent may, in its sole and absolute discretion, arrange for the Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees to reimburse indemnify and hold the Agent, the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section 1.5 shall survive termination of this Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Weston Roy F Inc)

Bank Products. The Borrower Borrowers may request and the Agent may, in its sole and absolute discretion, arrange for the Borrower Borrowers to obtain from the Bank or the Bank’s Affiliates Bank Products although the Borrower is Borrowers are not required to do so. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees Borrowers agree to reimburse indemnify and hold the Agent, the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s Borrowers’ rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower Borrowers and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates.

Appears in 1 contract

Samples: Credit Agreement (MWI Veterinary Supply, Inc.)

Bank Products. The Any Borrower may request request, and the Agent may, in its sole and absolute discretion, arrange for the any Borrower to obtain obtain, Bank Products from the Bank or the Bank’s Affiliates Bank Products Affiliates, although the no Borrower is not required to do so. If To the extent Bank Products are provided by an Affiliate of the Bank, the Borrower agrees Borrowers agree to reimburse indemnify and hold the Agent, Agent and the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, Agent or the Bank or any of the Lenders which arise from any indemnity given by the Agent or the Bank to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the any Borrower’s rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the such Borrower and the Bank or its Affiliates which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Each Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, respectively, and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates, respectively.

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Bank Products. The Any Borrower may request and the Agent Lender may, in its sole and absolute discretion, arrange for the such Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the no Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the each Borrower agrees to reimburse indemnify and hold the Agent, Lender and the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders Lender which arise from any indemnity given by the Agent Lender to its Affiliates related to such Bank Products; providedPROVIDED, howeverHOWEVER, nothing contained herein is intended to limit the any Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the such Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges Borrowers acknowledge and agrees agree that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Meade Instruments Corp)

Bank Products. The Any Borrower may request and the Agent Bank may, in its sole and absolute discretion, arrange for the any Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the no Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees Borrowers jointly and severally agree to reimburse the Agent, indemnify and hold the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent Bank to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the any Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the such Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges Borrowers acknowledge and agrees agree that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Bank Products. (a) The Borrower Borrowers may request and the Agent Lender may, in its sole and absolute discretion, arrange for the Borrower Borrowers to obtain from the Bank Lender or the Bank’s Lender's Affiliates other Bank Products Products, although the Borrower is Borrowers are not required to do so. If Bank Products are provided by an Affiliate of the BankLender, the Borrower agrees Borrowers agree to reimburse indemnify and hold the Agent, the Bank and the Lenders for Lender harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders Lender which arise from any indemnity given by the Agent Lender to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s Borrowers' rights, with respect to the Bank Lender or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower Borrowers and the Bank Lender which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges Borrowers acknowledge and agrees agree that the obtaining of Bank Products from the Bank Lender or the Bank’s Lender's Affiliates (ai) is in the sole and absolute discretion of the Bank Lender or the Bank’s Lender's Affiliates, and (bii) is subject to all rules and regulations of the Bank Lender or the Bank’s Lender's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Reeds Jewelers Inc)

Bank Products. The Any Borrower may request and the Agent may, in its sole and absolute discretion, arrange for the such Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the no Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the each Borrower agrees to reimburse indemnify and hold the Agent, the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the such Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the such Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Each Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Bank Products. The Borrower may request and the Agent Bank may, in its sole and absolute discretion, arrange for the Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the Borrower is not required to do soobtain such products from the Bank. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees to reimburse the Agent, indemnify and hold the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent Bank to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Anchor Holdings Inc)

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Bank Products. The Borrower may request and the Agent Bank may, in its sole and absolute discretion, arrange for the Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the Borrower is not required to do so. If To the extent Bank Products are provided by an Affiliate of the Bank, the Borrower agrees to reimburse the Agent, indemnify and hold the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any the indemnity given by the Agent Bank to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Nicholas Financial Inc)

Bank Products. The Borrower may request and the Agent Lender may, in its sole and absolute discretion, arrange for the Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees to reimburse indemnify and hold the Agent, Lender and the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders Lender which arise from any indemnity given by the Agent Lender to its Affiliates related to such Bank Products; providedPROVIDED, howeverHOWEVER, nothing contained herein is intended to limit the Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Meade Instruments Corp)

Bank Products. The Any Borrower may request and the Agent may, in its sole and absolute discretion, arrange for the any Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the no Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees Borrowers jointly and severally agree to reimburse indemnify and hold the Agent, the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any indemnity given by the Agent to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the any Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the such Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges Borrowers acknowledge and agrees agree that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (W R Grace & Co)

Bank Products. The Borrower may request and the Agent Bank may, in its sole and absolute discretion, arrange for the Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the Borrower is not required to do so. If Bank Products are provided by an Affiliate of The Borrower agrees to indemnify and hold the Bank, the Borrower agrees to reimburse the Agent, the Bank Co-Agents and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by or owing to any other Person by the AgentBank, any of the Bank Co-Agents, or any of the Lenders which arise or the Bank's Affiliates arising from any indemnity given by the Agent to its Affiliates or related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section section shall survive termination of this the Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates.the

Appears in 1 contract

Samples: Loan and Security Agreement (Good Guys Inc)

Bank Products. The Each Borrower may request and the Agent Bank may, in its sole and absolute discretion, arrange for the each Borrower to obtain from the Bank or the Bank’s 's Affiliates Bank Products although the Borrower is Borrowers are not required to do so. If To the extent Bank Products are provided by an Affiliate of the Bank, the each Borrower agrees to reimburse the Agent, indemnify and hold the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders which arise from any the indemnity given by the Agent Bank to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the any Borrower’s 's rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the any Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Any Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s 's Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s 's Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s 's Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Eftc Corp/)

Bank Products. The Borrower may request and the Agent Lender may, in its sole and absolute discretion, arrange for the Borrower to obtain from the Bank or the Bank’s Affiliates Bank Products although the Borrower is not required to do so. If Bank Products are provided by an Affiliate of the Bank, the Borrower agrees to reimburse indemnify and hold the Agent, Lender and the Bank and the Lenders for harmless from any and all costs and obligations now or hereafter incurred by the Agent, the Bank or any of the Lenders Lender which arise from any indemnity given by the Agent Lender to its Affiliates related to such Bank Products; provided, however, nothing contained herein is intended to limit the Borrower’s rights, with respect to the Bank or its Affiliates, if any, which arise as a result of the execution of documents by and between the Borrower and the Bank which relate to Bank Products. The agreement contained in this Section shall survive termination of this Agreement. The Borrower acknowledges and agrees that the obtaining of Bank Products from the Bank or the Bank’s Affiliates (a) is in the sole and absolute discretion of the Bank or the Bank’s Affiliates, and (b) is subject to all rules and regulations of the Bank or the Bank’s Affiliates.

Appears in 1 contract

Samples: Credit Agreement (New Athletics, Inc.)

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