CNAI Sample Clauses

CNAI. Each of the Lender and the Subsidiary Loan Parties acknowledges and agrees that CNAI's role as the Loan Administrator hereunder and as the Collateral Agent under this Agreement or any other Loan Document is administrative in nature and that CNAI and its Affiliates do not have any responsibilities to the Lender or the Subsidiary Loan Parties whatsoever insofar as its performance of any of its obligations hereunder (including without limitation any determination by the Loan Administrator of the Borrowing Base for any Subsidiary Borrower) other than to apply any proceeds of funds received by or on behalf of the Lender from the Subsidiary Loan Parties as contemplated by the Loan Documents. Each of the Lender and the Subsidiary Loan Parties further acknowledges and agrees that CNAI or any Affiliate of CNAI may from time to time may be an EPC Lender under the EPC Credit Agreement, and CNAI is the initial EPC Agent under the EPC Credit Agreement, and CNAI's (1) Certain of these provisions will be revised to conform to the EPC Credit Agreement. rights and obligations in such capacities are independent of any rights it may have hereunder and it may exercise any such rights and perform any such obligations as though it were not the Loan Administrator or the Collateral Agent hereunder and under the other Loan Documents. In addition, CNAI and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Subsidiary Loan Parties, the Lender, and any Person who may do business with or own securities of the Lender or any of its Subsidiaries, all as if CNAI were not the Loan Administrator or the Collateral Agent hereunder and under the other Loan Documents and without any duty to account therefor to the Lender or any Subsidiary Loan Party.
Sample 1
AutoNDA by SimpleDocs

Related to CNAI

  • Administrative Agent and its Affiliates The Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise or refrain from exercising such rights and power as though it were not the Administrative Agent, and the Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of business with the Borrower or any Affiliate of the Borrower as if it were not the Administrative Agent under the Loan Documents. The term “Lender” as used herein and in all other Loan Documents, unless the context otherwise clearly requires, includes the Administrative Agent in its individual capacity as a Lender. References in Section 1 hereof to the Administrative Agent’s Loans, or to the amount owing to the Administrative Agent for which an interest rate is being determined, refer to the Administrative Agent in its individual capacity as a Lender.

  • Fortis Benefits represents that it believes, in good faith, that the Separate Account is a “segregated asset account” and that interests in the Separate Account are offered exclusively through the purchase of or transfer into a “variable contract,” within the meaning of such terms under Section 817(h) of the Code and the regulations thereunder. Fortis Benefits will make every effort to continue to meet such definitional requirements, and it will notify the Fund and Distributor immediately upon having a reasonable basis for believing that such requirements have ceased to be met or that they might not be met in the future.

  • Administrative Agent and Affiliates The bank serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Restricted Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder.

  • Documentation Agent 45 SECTION 10. MISCELLANEOUS................................................................................ 45

  • Documentation Agent and Syndication Agent Neither the Documentation Agent nor the Syndication Agent shall have any duties or responsibilities hereunder in its capacity as such.

  • Syndication Agent The Syndication Agent shall not have any duties or responsibilities hereunder in its capacity as such.

  • Capacity IET systems are monitored to optimize the use of resources and to control costs. Where services are hosted by external service providers (outsourced), agreements are in place to monitor capacity and performance. A loss of availability from causes which are beyond the control of IET is excluded from the availability warranty. This includes but is not limited to, acts from natural events such as earthquakes, storms, natural flooding, and wild fires. Also excluded are police actions, interruptions due to protest events, labor disputes, war, pandemic, terrorism, riots, and/or inability to obtain energy. Each party must provide prompt notice of service disruptions. Services will resume as soon as possible. Either party will take all reasonable steps to remove the causes of unavailability and resume services as soon as reasonably possible. IET will provide the availability status of major services on the IET status page. The status page is located at xxxx://xxxxxx.xxxxxxx.xxx/ Managed campus-wide systems, applications and services may be subject to the formal IET Change Management process. Changes to services may be required by system maintenance needs, corrective actions to resolve incidents, or service improvement projects. Changes may require adherence to change management policies including formal authorizations, approvals, peer reviews, risk assessments and lead times for notifying Customers and scheduling changes. IET notifies Customers about planned technology systems are changes that may have a risk of directly or indirectly impacting IET services. Information and Educational Technology shall be responsible for ensuring that reasonable skill, care and diligence are exercised in carrying out the services properly and efficiently in accordance with this service level agreement. Transnational data and information supplied by the Customer or its clients are owned by the Customer. IET serves as custodian of these data and will take measures to house, backup and protect the data for the Customer, consistent with the services, and as appropriate. Customer agrees to use and pay for the services in accordance with the terms of this agreement and in compliance with any overarching UC Xxxxx policies. Customer agrees to take appropriate steps to ensure compliance with The UC Xxxxx Cyber-safety Policy and UC Xxxxx Security Standards Policy (PPM Section 310-22). Customer agrees not to engage in actions or activities that circumvent, compromise, or introduce risks to the policy, standards or the controls established to ensure cyber security compliance. Customer is responsible for costs which result from improper use of the services and which cause damage or loss to IET or its Customers.

  • Citibank and Affiliates With respect to its Commitment, the Advances made by it and the Note issued to it, Citibank shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include Citibank in its individual capacity. Citibank and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any such Subsidiary, all as if Citibank were not the Agent and without any duty to account therefor to the Lenders.

  • Agent’s Head Office The Agent’s head office located at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, or at such other location as the Agent may designate from time to time by notice to the Borrower and the Lenders.

  • Arranger KeyBanc Capital Markets or any successors thereto. Assignment and Acceptance Agreement. See §18.1.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!