Benefits of Article IX Sample Clauses

Benefits of Article IX. None of the provisions of this Article IX shall inure to the benefit of the Borrower (other than the second sentence of Section 9.7(a)) or of any Person other than Administrative Agent and each of the Lenders and their respective successors and permitted assigns. Accordingly, neither the Borrower (other than the second sentence of Section 9.7(a)) nor any Person other than Administrative Agent and the Lenders (and their respective successors and permitted assigns) shall be entitled to rely upon, or to raise as a defense, the failure of the Administrative Agent or any Lenders to comply with the provisions of this Article IX.
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Benefits of Article IX. 99 Section 9.9. Administrative Agent May File Proofs of Claim. 100 Section 9.10. Titled Agents 100 Section 9.11. Authorization to Execute other Loan Documents. 100 Section 9.12. Collateral and Guaranty Matters. 101 Section 9.13. Hedging Obligations and Bank Product Obligations. 101 Section 9.14. Withholding Tax. 101 Section 9.15. Right to Realize on Collateral and Enforce Guarantee. 102 ARTICLE X THE GUARANTY 102 Section 10.1. The Guaranty. 102 Section 10.2. Obligations Unconditional. 103 Section 10.3. Reinstatement. 103 Section 10.4. Certain Additional Waivers. 104 Section 10.5. Remedies. 104 Section 10.6. Rights of Contribution. 104 Section 10.7. Guarantee of Payment; Continuing Guarantee. 104 Section 10.8. Keepwell. 104 ARTICLE XI MISCELLANEOUS 105 Section 11.1. Notices. 105 Section 11.2. Waiver; Amendments. 107 Section 11.3. Expenses; Indemnification. 109 Section 11.4. Successors and Assigns. 111 Section 11.5. Governing Law; Jurisdiction; Consent to Service of Process. 116 Section 11.6. WAIVER OF JURY TRIAL. 117 Section 11.7. Right of Setoff. 117 Section 11.8. Counterparts; Integration. 117 Section 11.9. Survival. 118 Section 11.10. Severability. 118 Section 11.11. Confidentiality. 118 Section 11.12. Interest Rate Limitation. 119 Section 11.13. Waiver of Effect of Corporate Seal. 119 Section 11.14. Patriot Act. 119 Section 11.15. No Advisory or Fiduciary Responsibility. 119 Section 11.16. Electronic Execution of Assignments and Certain Other Documents. 120 Schedules Schedule I - Commitment Amounts Schedule 1.01 - Ineligible Assignees Schedule 4.5 - Environmental Matters Schedule 4.11(d) - Real Estate Schedule 4.18 - Material Agreements Schedule 7.1 - Existing Indebtedness Schedule 7.2 - Existing Liens Schedule 7.4 - Existing Investments Exhibits Exhibit 2.3 - Form of Notice of Revolving Borrowing Exhibit 2.4 - Form of Notice of Swingline Borrowing Exhibit 2.5 - Form of Notice of Delayed Draw Term Loan Borrowing Exhibit 2.7 - Form of Notice of Continuation/Conversion Exhibit 2.10 - Form of Note Exhibits 2.20 (1-4) - Forms of U.S. Tax Compliance Certificates Exhibit 5.1 - Form of Compliance Certificate Exhibit 5.13 - Form of Joinder Agreement Exhibit 11.4 - Form of Assignment and Acceptance SECOND AMENDED AND RESTATED CREDIT AGREEMENT THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is made and entered into as of June 28, 2017, by and among MALIBU BOATS, LLC, a Delaware limited liability company (the “Borrower”), MALIBU BOATS HOLDINGS...
Sample 1
Benefits of Article IX. The parties hereto agree that the provisions of this Article IX are intended solely for the benefit of the Agent, and the Banks and the Borrowers shall not be entitled to rely on any provisions or assert any such provisions of this Article in any claim or as a defense against the Agent or the Banks.
Sample 1

Related to Benefits of Article IX

  • Applicability of Article Securities of any series which are redeemable before their Stated Maturity shall be redeemable in accordance with their terms and (except as otherwise specified as contemplated by Section 301 for such Securities) in accordance with this Article.

  • Applicability of Article; Agreement to Subordinate The provisions of this Article XII shall be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this Article XII as "Subordinated Debt Securities") designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness. Each Holder by accepting a Subordinated Debt Security agrees that the Indebtedness evidenced by such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this Article XII shall be subject to Section 12.12.

  • Titles of Articles, Sections and Subsections All titles or headings to articles, sections, subsections or other divisions of this Agreement and the other Loan Documents or the exhibits hereto and thereto are only for the convenience of the parties and shall not be construed to have any effect or meaning with respect to the other content of such articles, sections, subsections or other divisions, such other content being controlling as to the agreement between the parties hereto.

  • Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance If, pursuant to Section 3.1, provision is made for either or both of (a) Defeasance of the Securities of a series under Section 13.2 or (b) Covenant Defeasance of the Securities of a series under Section 13.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIII, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIII.

  • Applicability of This Article Redemption of Securities of any series (whether by operation of a sinking fund or otherwise) as permitted or required by any form of Security issued pursuant to this Indenture shall be made in accordance with such form of Security and this Article; provided, however, that if any provision of any such form of Security shall conflict with any provision of this Article, the provision of such form of Security shall govern.

  • Amendment to Article IX Article IX of the Credit Agreement is hereby amended by inserting the following text as a new Section 9.02A to the Credit Agreement:

  • Amendment to Article VII The provisions of Article VII of the Credit Agreement are hereby amended by addition of the following subsection at the end of Section 7.01:

  • Lists of Holders of Securities (a) The Guarantor shall provide the Preferred Guarantee Trustee with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities ("List of Holders") as of such date, (i) within one Business Day after January 1 and June 30 of each year, and (ii) at any other time within 30 days of receipt by the Guarantor of a written request for a List of Holders as of a date no more than 14 days before such List of Holders is given to the Preferred Guarantee Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.

  • MEETINGS OF HOLDERS OF SECURITIES Section 15.1. Purposes for Which Meetings May Be Called................77 Section 15.2. Call, Notice and Place of Meetings.......................77 Section 15.3. Persons Entitled To Vote at Meetings.....................78 Section 15.4. Quorum; Action...........................................78

  • Prior Payment to Senior Debt Upon Acceleration of Securities In the event that any Securities are declared due and payable before their Stated Maturity, then and in such event the holders of Senior Debt shall be entitled to receive payment in full of all amounts due or to become due on or in respect of all Senior Debt or provision shall be made for such payment in cash, before the Holders of the Securities are entitled to receive any payment (including any payment which may be payable by reason of the payment of any other indebtedness of the Company being subordinated to the payment of the Securities) by the Company on account of the principal of (or premium, if any) or interest on the Securities or on account of the purchase or other acquisition of Securities; provided, however, that nothing in this Section shall prevent the satisfaction of any sinking fund payment in accordance with Article XII by delivering and crediting pursuant to Section 1202 Securities which have been acquired (upon redemption or otherwise) prior to such declaration of acceleration. In the event that, notwithstanding the foregoing, the Company shall make any payment to the Trustee or the Holder of any Security prohibited by the foregoing provisions of this Section, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be paid over and delivered forthwith to the Company.

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