Common use of Collateral Documents and Guaranty Clause in Contracts

Collateral Documents and Guaranty. (a) Agents under Collateral Documents and Guaranty. Each Lender hereby further authorizes Administrative Agent or Collateral Agent, as applicable, on behalf of and for the benefit of Lenders, to (i) be the agent for and representative of Lenders with respect to the Guaranty, the Collateral and the Collateral Documents and (ii) enter into the Intercreditor Agreement, and each Lender agrees to be bound by the terms of the Intercreditor Agreement. Subject to Section 10.5, without further written consent or authorization from Lenders, Administrative Agent or Collateral Agent, as applicable may execute any documents or instruments necessary to (i) release any Lien encumbering any item of Collateral that is the subject of a sale or other disposition of assets permitted hereby or to which Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.5) have otherwise consented or (ii) release any Guarantor from the Guaranty pursuant to Section 7.12 or with respect to which Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.5) have otherwise consented; provided that Collateral Agent shall not enter into or consent to any material amendment, modification, termination or waiver of the Intercreditor Agreement without the prior consent of Requisite Lenders (or such other Lenders as may be required to give such instructions under subsection 10.5).

Appears in 2 contracts

Samples: Credit Agreement (Carmike Cinemas Inc), Credit and Guaranty Agreement (Carmike Cinemas Inc)

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Collateral Documents and Guaranty. (a) Agents under Collateral Documents and Guaranty. Each Lender Secured Party hereby further authorizes Administrative Agent or Collateral Agent, as applicable, on behalf of and for the benefit of LendersSecured Parties, to (i) be the agent for and representative of Lenders the Secured Parties with respect to the Guaranty, the Collateral and the Collateral Documents and (ii) enter into the Intercreditor AgreementDocuments; provided that neither Administrative Agent nor Collateral Agent shall owe any fiduciary duty, and each Lender agrees duty of loyalty, duty of care, duty of disclosure or any other obligation whatsoever to be bound by the terms any holder of the Intercreditor Obligations with respect to any Hedge Agreement. Subject to Section 10.5, without further written consent or authorization from Lendersany Secured Party, Administrative Agent or Collateral Agent, as applicable may execute any documents or instruments necessary to (i) in connection with a sale or disposition of assets permitted by this Agreement, release any Lien encumbering any item of Collateral that is the subject of a such sale or other disposition of assets permitted hereby or to which Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.5) have otherwise consented or (ii) release any Guarantor from the Guaranty pursuant to Section 7.12 or with respect to which Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.5) have otherwise consented; provided that Collateral Agent shall not enter into or consent to any material amendment, modification, termination or waiver of the Intercreditor Agreement without the prior consent of Requisite Lenders (or such other Lenders as may be required to give such instructions under subsection 10.5).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

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Collateral Documents and Guaranty. (a) Agents under Collateral Documents and Guaranty. Each Lender Secured Party hereby further authorizes Administrative Agent or Collateral Agent, as applicable, on behalf of and for the benefit of LendersSecured Parties, to (i) be the agent for and representative of Lenders the Secured Parties with respect to the Guaranty, the Collateral and the Collateral Documents and (ii) enter into the Intercreditor AgreementDocuments; provided that neither Administrative Agent nor Collateral Agent shall owe any fiduciary duty, and each Lender agrees duty of loyalty, duty of care, duty of disclosure or any other obligation whatsoever to be bound by the terms any holder of the Intercreditor Obligations with respect to any Hedge Agreement. Subject to Section 10.5, without further written consent or authorization from Lendersany Secured Party, Administrative Agent or Collateral Agent, as applicable may execute any documents or instruments necessary to (i) in connection with a sale or disposition of assets permitted by this Agreement, release any Lien encumbering any item of Collateral that is the subject of a such sale or other disposition of assets permitted hereby or to which Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.5) have otherwise consented or (ii) release any Guarantor from the Guaranty pursuant to Section 7.12 or 100 with respect to which Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.5) have otherwise consented; provided that Collateral Agent shall not enter into or consent to any material amendment, modification, termination or waiver of the Intercreditor Agreement without the prior consent of Requisite Lenders (or such other Lenders as may be required to give such instructions under subsection 10.5).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

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