Co-Lender Agreement. On the Closing Date the Trustee is hereby directed to execute each Co-Lender Agreement.
Co-Lender Agreement. The Banks, Administrative Agent and the Documentation and Syndication Agent shall have entered into the Co-Lender Agreement.
Co-Lender Agreement. Each Borrower hereby acknowledges and agrees that any one or more co-lender agreements may at any time be entered into between the Agent and any or all Lenders (each a “Co-Lender Agreement”) pursuant to which, among other things, the Lenders party thereto shall agree upon the rights of the Lenders as among themselves and the manner in which Agent shall administer the Loan. Any Co-Lender Agreement will be solely for the benefit of the Agent and the applicable Lenders, and none of the Borrowers or any Guarantor or any other Person shall be a third-party beneficiary of any of the provisions therein or have any rights thereunder or be entitled to rely on any of the provisions contained therein. Neither the Agent nor any Lenders shall have any obligation to disclose to any Borrower or any Guarantor or any Affiliate of any of them the contents of any Co-Lender Agreement. The Borrowers’ obligations under the Loan Documents are and will be independent of any Co-Lender Agreement and will remain unmodified by the provisions thereof (although each Borrower acknowledges that with respect to certain approvals, calculations and other decisions hereunder, any Co-Lender Agreement may require the Agent to consult with or receive the approval of one or more Lenders prior to providing its own approval or determination regarding the same).
Co-Lender Agreement. Borrowers hereby acknowledge and agree that any one or more co-lender agreements may at any time be entered into between Agent and any or all Lenders (each, a “Co-Lender Agreement”) pursuant to which, among other things, the Lenders shall agree upon rights of the Lenders as among themselves and the manner in which Agent shall administer the Loan. Any Co-Lender Agreement will be solely for the benefit of Agent and the applicable Lenders, and neither any Borrower Party nor any other Person shall be a third-party beneficiary of any of the provisions therein, or have any rights thereunder or be entitled to rely on any of the provisions contained therein. Neither Agent nor any Lenders shall have any obligation to disclose to any Borrower Party or any of its Affiliates the contents of any Co-Lender Agreement. The Borrower Party’s obligations under the Loan Documents are and will be independent of any Co-Lender Agreement and shall remain unmodified by the provisions thereof (although Borrowers acknowledge that with respect to certain approvals, calculations and other decisions hereunder, any Co-Lender Agreement may require Agent to consult with or receive the approval of one or more Lenders prior to providing its own approval or determination regarding the same).
Co-Lender Agreement. The Borrower acknowledges that the Banks have executed a Co-Lender Agreement of even date herewith (the "Co-Lender Agreement") to supplement the Loan Documents with respect to the relationship of the Banks and the Agent among themselves in connection with the Secured Facility. The Co-Lender Agreement is not a Loan Document and the Borrower is not bound by the terms thereof.
Co-Lender Agreement. Except as otherwise set forth in this Agreement, in the event of any conflict between the terms of the Co-Lender Agreement and this Agreement, the terms of this Agreement shall govern and control. Any action, consent, direction, notice, instruction, request, determination or exercise of rights or remedies by the Lenders or the Requisite Lenders hereunder shall be subject to the terms of the Co-Lender Agreement with respect to the rights of the Lenders party thereto to take action or to cause any Agent to take action or refrain from taking action hereunder, or to prevent other Lenders party thereto from taking action or causing any Agent to take action or refrain from taking action hereunder, in each case, in accordance with the terms of the Co-Lender Agreement and the Administrative Agent shall be permitted to so act or refrain from acting (including, without limitation, with respect to exercising remedies and any other rights and powers provided for herein) in accordance therewith. The Administrative Agent shall be permitted to direct payments made by the Borrowers for the account of the Lenders party to the Co- Lender Agreement as provided for therein, including, without limitation, the application of such payments to any tranche of Loans. All references to the Co-Lender Agreement hereunder shall have no force or effect until such time as the Agent and the Lenders shall have executed the Co-Lending Agreement and the Administrative Agent shall have provided the Borrowers notice thereof. Neither the Borrowers nor any Guarantor shall have any right to consent to the terms of the Co-Lender Agreement or any modification thereof.
Co-Lender Agreement. Borrowers acknowledge that Administrative Agent and any other Lender hereunder may from time to time enter into one or more agreements (any such agreement as the same may be modified, amended, restated supplemented or replaced from time to time, a “Co-Lender Agreement”) governing the relationship among Lender with respect to the Loan and the Loan Documents. Any such Co-Lender Agreements are intended solely for the benefit of Administrative Agent and Lender, and the Borrowers acknowledge that none of Borrowers, any Guarantor, and any Affiliate of Borrowers or any Guarantor is an intended third-party beneficiary of any Co- Lender Agreement and shall not be entitled to rely on any of the terms or provisions contained therein. Neither Administrative Agent nor any Lender shall have any obligation to provide a copy of any Co-Lender Agreement to Borrowers, any Guarantor or any Affiliate of Borrowers or any Guarantor or to otherwise disclose to Borrowers or any other such party the contents of any Co-Lender Agreement.
Co-Lender Agreement. Borrower acknowledges that the Banks (and each Designated Bid Lender at any time party to a Designation Agreement) have executed a Co-Lender Agreement (as amended from time to time, the "Co-Lender Agreement") to supplement the Loan Documents with respect to the relationship of the Banks, the Designated Bid Lenders and Administrative Agent among themselves in connection with the credit facilities provided under the Loan Documents. The Co-Lender Agreement is not a Loan Document.
Co-Lender Agreement. Borrower acknowledges that Banks are acting as co-lenders pursuant to a Co-Lender Agreement of even date herewith. The Banks' rights as co-lender are set forth more fully in the Co-Lender Agreement. In addition, INTRUST Bank, N.A. is acting as agent for National Bank of Canada in connection with the Collateral as set forth more fully in the Co-Lender Agreement. Borrower agrees notwithstanding anything to the contrary herein, no Bank shall be liable for the failure of the other Bank to perform its obligations hereunder. Without limiting the generality of the foregoing, if one Bank fails to fund the amount due hereunder the remaining Bank shall have no further liability or obligation to fund amounts required to be funded hereunder and Borrower shall have no claim against such Bank for failure to fund. Each Bank has a 50% interest in the Facility and the Term Note.
Co-Lender Agreement. That certain Co-Lender Agreement by and between LaSalle and USBank of even date herewith, including all appendices, exhibits or schedules thereto, as such may be modified from time to time by any amendment, modification, restatement or supplement thereto.
