Common use of Confirmation of Authority; Execution of Releases Clause in Contracts

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by Agent, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds Administrator, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party in respect of all interests retained by the Credit Parties or any Subsidiary of any Credit Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property covered by this Agreement or the other Loan Documents).

Appears in 6 contracts

Samples: Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.)

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Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).

Appears in 4 contracts

Samples: Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (Katapult Holdings, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon upon, as applicable, receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).

Appears in 4 contracts

Samples: Loan and Security Agreement (Bluegreen Vacations Holding Corp), Loan and Security Agreement, Loan and Security Agreement (Bluegreen Vacations Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent Purchasers (as set forth in Section 11.1(h)(iSections 9.1(H)(1) and (ii)9.1(H)(2) above), each Lender Purchaser agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Documents (i) Collateral conferred upon Agent under Section 11.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority 9.1(H)(1) and (ii) to release any particular item Subsidiary Guarantor under Section 9.1(H)(2). To the extent any Note Party requests that Agent release (or types of Property covered subordinate) any Lien granted to or held by this Agreement Agent as authorized under Section 9.1(H)(1) or the other Loan Documentsrelease any Subsidiary Guarantor under Section 9.1(H)(2), (a) Agent shall, and upon at least five (5) Business Days’ prior written request by Borrower Funds Administrator, Agent shall (and is hereby is irrevocably authorized by Lenders Purchasers to) , execute such documents as may be necessary to evidence (I) the release of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Purchasers, herein or pursuant hereto upon such CollateralCollateral and (II) the release of such Subsidiary Guarantor; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release of such Liens or the release of such Subsidiary Guarantor without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) Note Parties shall provide at least ten (10) Business Days (or such shorter period as agreed to by Agent in its reasonable discretion) prior written notice of any request for any document evidencing such release (or subordination) of the Liens or such release of the Subsidiary Guarantor and Note Parties agree that any such release (or subordination) shall not in any manner discharge, affect or impair the Obligations or any Liens or any Liens granted to Agent on behalf of Agent and Purchasers upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Note Party, in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit Note Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Note Documents).

Appears in 4 contracts

Samples: Note Purchase Agreement (Arena Group Holdings, Inc.), Note Purchase Agreement (theMaven, Inc.), Note Purchase Agreement (theMaven, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 8.2(H)(1)), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under Section 11.1(h)(iiclauses (i) through (iii) of subsection 8.2(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of confirmation from the requisite percentage of the Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 3 contracts

Samples: Credit Agreement (Cherokee International Corp), Loan Agreement (Nassau Broadcasting Corp), Credit Agreement (Acorn Products Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent Xxxxxxx (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentXxxxxxxx, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).

Appears in 2 contracts

Samples: Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (Katapult Holdings, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).

Appears in 2 contracts

Samples: Loan and Security Agreement (Harvest Capital Credit Corp), Loan and Security Agreement (Harvest Capital Credit Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Collateral Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(isubsection 9.1(H)(1) and (ii)above), each Lender agrees to confirm in writing, upon request by AgentCollateral Agent or Borrowers, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Collateral Agent under Section 11.1(h)(iiclauses (a), (b) and (c) of subsection 9.1(H)(1). So long as no Event of Default exists, upon receipt by To the extent Collateral Agent of confirmation from the requisite percentage of the Lenders of its authority agrees to release any particular item Lien granted to or types of Property covered held by this Agreement or the other Loan DocumentsCollateral Agent as authorized under subsection 9.1(H)(1), and upon at least five (5a) Business Days’ prior written request by Borrower Funds Administrator, Collateral Agent shall (and is hereby is irrevocably authorized by Lenders to) to execute and/or authorize the filing of such documents documents, including, without limitation, UCC-3 partial release statements as may be necessary to evidence the release of the Liens granted to Agent, Collateral Agent for the benefit of the Lender PartiesCollateral Agent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Collateral Agent shall not be required to execute any such document on terms which, in Collateral Agent’s 's opinion, would expose Collateral Agent to liability or create upon Collateral Agent any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) Borrowers shall provide at least five (5) Business Days prior written notice of any request for any document evidencing such release of the Liens and Borrowers agree that any such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Collateral Agent on behalf of the Lenders upon (or or, except as provided in clause (1), obligations of the Credit Parties or any Subsidiary of any Credit Party Borrower, in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 2 contracts

Samples: Loan and Security Agreement (Sun Healthcare Group Inc), Loan and Security Agreement (Sun Healthcare Group Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i12.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii12.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s 's own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower, in respect of of), all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Redenvelope Inc), Revolving Credit and Security Agreement (Redenvelope Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(isubsection 9.1(H)(1) and (ii)above), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Agent under Section 11.1(h)(iiclauses (i) and (ii) of subsection 9.1(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of confirmation from the requisite percentage of the Lenders (as set forth in subsection 9.1(H)(1) above), if any, of its Agent’s authority to release any particular item or types of Property covered by this Agreement or the other Loan DocumentsLiens upon any Collateral, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (shall, and is hereby is irrevocably authorized by Lenders to) , execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 2 contracts

Samples: Loan and Security Agreement (Beacon Roofing Supply Inc), Loan and Security Agreement (Beacon Roofing Supply Inc)

Confirmation of Authority; Execution of Releases. Without in ------------------------------------------------ any manner limiting Administrative Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iiSubsection 8.2(I)(1)), each Lender agrees to confirm in writing, upon request by AgentAdministrative Agent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Administrative Agent under Section 11.1(h)(iiclauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1). So long as no Event of Default exists, upon Upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders Requisite Lenders, if any, of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Administrative Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of the Lender PartiesAdministrative Agent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (Ai) Administrative Agent shall not be required to -------- execute any such document on terms which, in Administrative Agent’s 's opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrower, in respect of of), all interests retained by Borrower in the Credit Parties or any Subsidiary of any Credit PartyCollateral, including, without limitation, including the proceeds of any salesale or other disposition of Collateral, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 2 contracts

Samples: Credit Agreement (Unwired Telecom Corp), Credit Agreement (Us Unwired Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iiSECTION 8.2(H)(I)), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release or subordinate any property covered by this Agreement or the Loan Documents Collateral conferred upon Agent under Section 11.1(h)(iiclauses (w), (x) and (y) of SECTION 8.2(H)(I). So long as no Event of Default exists, upon Upon receipt by Agent of any required confirmation from the requisite percentage of the Requisite Lenders of its authority to release or subordinate Liens on any particular item or types of Property covered by this Agreement or the other Loan DocumentsCollateral, and upon at least five ten (510) Business Days' prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or subordination of the Liens granted to Agent, for the benefit of the Lender Parties, herein or pursuant hereto Agent upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Ax) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (By) such release or subordination shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Party, including, without limitation, including the proceeds of any sale, all of which shall continue to constitute part of the Property covered by this Agreement or the other Loan Documents)Collateral.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Primedex Health Systems Inc), Credit Agreement (Primedex Health Systems Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iiSubsection 8.2(I)(i)), each Lender agrees to confirm in writing, upon request by AgentAdministrative Agent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Administrative Agent under Section 11.1(h)(iiclauses (2) through (4) of the first sentence of Subsection 8.2(I)(i). So long as no Event of Default exists, upon Upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders each Lender of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan DocumentsSecurity Documents under Subsection 8.2(I)(i), and upon at least five (5) 10 Business Days’ prior written request by Borrower Funds AdministratorBorrower, Administrative Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of the Lender PartiesAdministrative Agent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (A1) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent’s opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (B2) such release or compromise shall not in any manner discharge, affect or impair the Secured Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Parties, in respect of of) all interests retained by the Credit Loan Parties or any Subsidiary of any Credit Partyin the Collateral, including, without limitation, the including proceeds of any salesale or other disposition of any Collateral, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 2 contracts

Samples: Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Atlantic Tele Network Inc /De)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(1)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the other Loan Documents conferred upon Agent under Section 11.1(h)(iisubsection 9.2(H)(1). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Agent and Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 2 contracts

Samples: Loan and Security Agreement (Chief Auto Parts Inc), Loan and Security Agreement (Chief Auto Parts Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Trigger Event, Default or Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, including the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Enova International, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Requisite Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 10.4(a)), each Lender agrees to confirm in writing, upon request by AgentBorrowers, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under Section 11.1(h)(iiclauses (i) through (iii) of subsection 10.4(a). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Requisite Lenders of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrowers, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrowers, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyBorrowers, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (Clearview Cinema Group Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (CURO Group Holdings Corp.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(iSECTION 11-A.1(h)(i) and AND (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(iiSECTION 11-A.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary subsidiary of any Credit Party Borrower, in respect of of), all interests retained by the Credit Parties Borrower or any Subsidiary subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Gardenburger Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s Co-Agents' authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(1)), each Lender agrees to confirm in writing, upon request by Borrowing Agent, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Administrative and Documentation Agent under Section 11.1(h)(iisubsection 9.2(H)(1). So long as no Event of Default existsis then continuing, upon receipt by Administrative and Documentation Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrowing Agent, Agent Co-Agents shall (and are hereby is irrevocably authorized by Lenders to) direct Administrative and Documentation Agent execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Administrative and Documentation Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Administrative and Documentation Agent shall not be required to execute any such document on terms which, in Administrative and Documentation Agent’s 's opinion, would expose Administrative and Documentation Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Belding Heminway Co Inc /De/)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent Note Purchasers (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender Note Purchaser agrees to confirm in writing, upon request by AgentIssuer, the authority to release any property covered by this Agreement or the Loan Transaction Documents conferred upon Administrative Agent or Collateral Trustee under Section 11.1(h)(ii13.1(h)(ii). So long as no Early Wind-Down Trigger Event, Default or Event of Default exists, upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders Note Purchasers of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Transaction Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorIssuer, Administrative Agent shall (and hereby is irrevocably authorized by Lenders Note Purchasers to) direct Collateral Trustee in writing to execute such documents as may be necessary to evidence the release of the Liens granted to AgentCollateral Trustee, for the benefit of the Lender Secured Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Administrative Agent shall not be required to execute execute, or to direct Collateral Trustee to execute, any such document on terms which, in Administrative Agent’s opinion, would expose Administrative Agent or Collateral Trustee to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Issuer in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit PartyIssuer, including, without limitation, including the proceeds of any sale, 101 all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Transaction Documents).

Appears in 1 contract

Samples: Note Issuance and Purchase Agreement (Enova International, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in this Section 11.1(h)(i) and (ii))8.9, each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Administrative Agent under this Section 11.1(h)(ii)8.9. So long as no Event of Default existsis then continuing, upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Administrative Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release of the Liens liens granted to Agent, Administrative Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Administrative Agent shall not be required to execute any such document on terms whichthat, in Administrative Agent’s opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (KBS Growth & Income REIT, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s 's authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii))11.1, each Lender agrees to confirm in writing, upon request by Agentthe Borrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon the Agent under Section 11.1(h)(ii). 11.1 So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds Administratorthe Borrower, the Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release of the Liens liens granted to Agent, the Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Ai) the Agent shall not be required to execute any such document on terms which, in the Agent’s 's opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Asset Based Loan and Security Agreement (Mazel Stores Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 8.2(H)(1)), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under Section 11.1(h)(iiclauses (i) through (iii) of subsection 8.2(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of confirmation from the requisite percentage of the Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, PROVIDED that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (Cherokee International Finance Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(1)), each Lender agrees to confirm in writing, upon request by Administrative Agent, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Administrative Agent under Section 11.1(h)(iisubsection 9.2(H)(1). So long as no Event of Default existsis then continuing, upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days' prior written request by Borrower Funds AdministratorRepresentative, Administrative Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Administrative Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent’s 's opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Comforce Operating Co)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Requisite Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(i)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority of Agent to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under Section 11.1(h)(iisubsection 9.2(H)(i). So Prior to any termination of this Agreement, so long as no Event of Default existshas occurred and is then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Requisite Lenders of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrowers, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Aa) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrowers, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyBorrowers, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by the Security Documents. The foregoing shall not apply, however, in respect of the release of any security interest or Lien by Agent, on behalf of Lenders, in connection with a termination of this Agreement or the other Loan DocumentsAgreement, which shall be governed exclusively by subsections 9.2(H)(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Jan Bell Marketing Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising under the Loan Documents from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party in respect of all interests retained by the Credit Parties or any Subsidiary of any a Credit Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property covered by this Agreement Agreement, the Loan Documents or the other Revolving Loan Documents).

Appears in 1 contract

Samples: Credit Agreement (Evolving Systems Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i12.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii12.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered property covered, by this Agreement or the other Loan Documents, and upon at least five (5) Business Days' prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising under the Loan Documents or from such Person’s 's own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: And Security Agreement (Trover Solutions Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i12.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrowers, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii12.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lender of its authority to release any particular item or types of Property covered property covered, by this Agreement or the other Loan Documents, and upon at least five (5) Business Days' prior written request by Borrower Funds AdministratorBorrowers, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s 's own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Party, in respect of all interests retained by the Credit Parties or any Subsidiary of any Credit Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Corrpro Companies Inc /Oh/)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and 11.4.1 (iiRelease of Collateral)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon the Agent under clauses (a) through (d) of Section 11.1(h)(ii)11.4.1 (Release of Collateral) and under Section 11.5.1. So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of Lenders or from Lenders required by Section 11.5 (Amendments; Consents and Waivers for Certain Actions), as the Lenders case may be, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Aa) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) such release shall not in any manner discharge, affect or impair the Obligations obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party General Partner, in respect of of), all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyGeneral Partner, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (Redwood Mortgage Investors Viii)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii14.8(a)), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrowers, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Agent under Section 11.1(h)(ii14.8(a). So long as no Event of Default exists, upon receipt by Agent of confirmation from Notwithstanding anything to the requisite percentage of the Lenders of its authority to release contrary contained herein or in any particular item or types of Property covered by this Agreement or the other Loan DocumentsDocument, and upon at least five each Lender hereby irrevocably authorizes Agent (5without requirement of notice to or consent of any Lender except as expressly required by Section 13.5) Business Days’ prior written request to take any action requested by Borrower Funds Administrator, Borrowers having the effect of releasing any Collateral or guarantee obligations (i) to the extent necessary to permit consummation of any transaction not prohibited by any Loan Document or that has been consented to in accordance with Section 13.5or (ii) under the circumstances described in Section 14.8(a). Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender Parties, herein or pursuant hereto Agent upon such Collateral; provided, however, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Secured Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrower, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyBorrower, including, without limitation, including the proceeds of any sale, all of which shall continue to constitute part of the Property covered by this Agreement or the other Loan Documents)Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (ThredUp Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent Managing Agents (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender and each Managing Agent agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender other Secured Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, including the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Enova International, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i11.3(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii11.3(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary subsidiary of any Credit Party Borrower, in respect of of), all interests retained by the Credit Parties Borrower or any Subsidiary subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Texas San Macros Treatment Center Lp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(1)), each Lender agrees to confirm in writing, -------------------- upon request by Agent, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(iisubsection 9.2(H)(1). So long as no Event of Default existsis then -------------------- continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) -------- ------- Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Tender Offer Loan Agreement (Lund International Holdings Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).. Katapult SPV-1 LLC – Loan and Security Agreement 115

Appears in 1 contract

Samples: Loan and Security Agreement (FinServ Acquisition Corp.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and 8.8.1 (ii)Release of Collateral), each Lender agrees to confirm in writing, upon request by Agentthe Borrowers, the authority to release any property covered by this Agreement or the Loan Financing Documents conferred upon the Agent under Section 11.1(h)(ii8.8.1 (Release of Collateral). So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Financing Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds Administratorthe Borrowers, the Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Aa) the Agent shall not be required to execute any such document on terms which, in the Agent’s opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Financing Documents).

Appears in 1 contract

Samples: Business Loan and Security Agreement (Vse Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii))Lenders, each Lender agrees to confirm in writing, upon request by Agent, Borrower the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii)Documents. So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Silverstar Holdings LTD)

Confirmation of Authority; Execution of Releases. Without in any manner ------------------------------------------------------ limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i9.1(h)(1) and (ii)above), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrowers, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Agent under clauses (a) and (b) of Section 11.1(h)(ii9.1(h)(1). So long as no Event of Default exists, upon receipt by To the extent Agent of confirmation from the requisite percentage of the Lenders of its authority agrees to release any particular item Lien granted to or types of Property covered held by this Agreement or the other Loan DocumentsAgent as authorized under Section 9.1(h)(1), and upon at least five (5a) Business Days’ prior written request by Borrower Funds Administrator, Agent shall (and is hereby is irrevocably authorized by Lenders to) to execute and/or authorize the filing of such documents documents, including, without limitation, UCC-3 partial release statements as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Partiesitself and Lenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) -------- ------- Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) Borrowers shall provide at least five (5) Business Days prior written notice of any request for any document evidencing such release of the Liens and Borrowers agree that any such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of itself and Lenders upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrower, in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents). The Agent is hereby irrevocably authorized by each of the Lenders to release any Lien covering any property or assets of any Borrower that is the subject of a disposition which is permitted by this Agreement or which has been consented to in accordance with Section 9.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Harborside Healthcare Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(isubsection 9.1(H)(1) and (ii)above), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Agent under Section 11.1(h)(iisubsection 9.1(H)(1). So long as no Event of Default exists, upon receipt by To the extent Agent of confirmation from the requisite percentage of the Lenders of its authority agrees to release any particular item Lien granted to or types of Property covered held by this Agreement or the other Loan DocumentsAgent as authorized under subsection 9.1(H)(1), and upon at least five (5a) Business Days’ prior written request by Borrower Funds Administrator, Agent shall (and is hereby is irrevocably authorized by Lenders to) , execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall will not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) except when a release is to be made in connection with any termination of this Agreement, Borrower will provide at least ten (10) Business Days prior written notice of any request for any document evidencing such release shall of the Liens and Borrower agrees that any such release will not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall will continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Arvinmeritor Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent Xxxxxxx (as set forth in Section 11.1(h)(i) and (iiSubsection 8.2(I)(1)), each Lender agrees to confirm in writing, upon request by AgentAdministrative Agent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Administrative Agent under Section 11.1(h)(iiclauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1). So long as no Event of Default exists, upon Upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan DocumentsSecurity Documents under clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorXxxxxxxx, Administrative Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of the Lender PartiesAgents and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (Ai) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent’s opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrower, in respect of of), all interests retained by Borrower in the Credit Parties or any Subsidiary of any Credit PartyCollateral, including, without limitation, including the proceeds of any salesale or other disposition of Collateral, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent Holders (as set forth in Section 11.1(h)(i22.1(h) (i) and (ii)), each Lender Holder agrees to confirm in writing, upon request by Agent, the Company the authority to release any property covered by this Agreement or the Loan Collateral Documents conferred upon Agent under Section 11.1(h)(ii22.1(h)(ii). So long as no Termination Event, Potential Default, or Event of Default exists, upon upon, as applicable, receipt by Agent of confirmation from the requisite percentage of the Lenders Majority Holders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Collateral Documents, and upon at least five one (51) Business Days’ prior written request by Borrower Funds Administratorthe Company, Agent shall (and hereby is irrevocably authorized by Lenders Holders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender PartiesHolders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall 80 not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Company or any Subsidiary of any Credit Party in respect of of) all interests retained by the Credit Parties Company or any Subsidiary of any Credit PartySubsidiary, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Collateral Documents).

Appears in 1 contract

Samples: Security Agreement (BFC Financial Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i12.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by Agentthe Credit Parties, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii12.1(h)(ii). So Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders (as set froth in Section 12.1(h)(i) and (ii)), so long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds Administratorthe Credit Parties, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any the Credit Party Parties, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any the Credit PartyParties, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan DocumentsDocuments (including without limitation the Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Firearms Training Systems Inc)

Confirmation of Authority; Execution of Releases. Without in any ------------------------------------------------ manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 8.2(H)(1)), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under Section 11.1(h)(iiclauses (i) through (iv) of subsection 8.2(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of confirmation from the requisite percentage of the Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the ratable benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (Ai) -------- Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (MCG Capital Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s 's authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and 8.8.1 (ii)Release of Collateral), each Lender agrees to confirm in writing, upon request by Agentthe Borrower, Fostxx Xxxxx xxx Fantasma, the authority to release any property covered by this Agreement or the Loan Financing Documents conferred upon the Agent under Section 11.1(h)(ii8.8.1 (Release of Collateral). So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Financing Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds Administratorthe Borrower, Fostxx Xxxxx xxx Fantasma, the Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to 109 evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Ai) the Agent shall not be required to execute any such document on terms which, in the Agent’s 's opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Financing Documents).

Appears in 1 contract

Samples: Financing and Security Agreement (O Ray Holdings Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)Subsection 8.2(I)(1), each Lender agrees to confirm in writing, upon request by AgentAdministrative Agent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Administrative Agent under Section 11.1(h)(iiclauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1). So long as no Event of Default exists, upon Upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders Requisite Lenders, if any, of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan DocumentsSecurity Documents under clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Administrative Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of the Lender Partiesitself and Lenders, herein or pursuant hereto upon such Collateral; providedCollateral under clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), however, provided that (Ai) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent’s opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such Second Amended and Restated Credit Agreement/D&E Communications, Inc. release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Parties, in respect of of) all interests retained by Loan Parties in the Credit Parties or any Subsidiary of any Credit PartyCollateral, including, without limitation, including the proceeds of any salesale or other disposition of Collateral, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (D&e Communications Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(1)), each Lender agrees to confirm in writing, upon request by AgentBorrower on behalf of each Loan Party, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(iisubsection 9.2(H)(1). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds Administratoron behalf of each Loan Party, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Unitel Video Inc/De)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Senior Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(isubsection 9.2(H)(1) and (ii)above), each Lender agrees to confirm in writing, upon request by AgentAdministrative Agent or Borrowers, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Senior Agent under Section 11.1(h)(iiclauses (i) and (ii) of subsection 9.2(H)(1). So long as no Event of Default exists, upon Upon receipt by Senior Agent of confirmation from the requisite percentage of the Lenders (as set forth in subsection 9.1(H)(1) above), if any, of its Senior Agent’s authority to release any particular item or types of Property covered by this Agreement or the other Loan DocumentsLiens upon any Collateral, and upon at least five (5) 10 Business Days’ Days prior written request by Borrower Funds AdministratorBorrowers, Agent shall (shall, and is hereby is irrevocably authorized by Lenders to) , execute such documents as may be necessary to evidence the release of the Liens granted to Senior Agent, for the benefit of the Lender Parties, herein or pursuant hereto Benefitted Persons upon such Collateral; provided, however, that (Ai) Senior Agent shall not be required to execute any such document on terms which, in Senior Agent’s opinion, would expose Senior Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Senior Agent on behalf of the Benefitted Persons upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (Recoton Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property Property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party in respect of all interests retained by the Credit Parties or any Subsidiary of any Credit Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Credit Agreement (Adam Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrowers, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrowers, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, itself and Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrowers or any Subsidiary subsidiary or Affiliate of any Credit Party Borrower, in respect of of), all interests retained by the Credit Parties any Borrower or any Subsidiary subsidiary or Affiliate of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Secure America Acquisition CORP)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent Managing Agents (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender and each Managing Agent agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of itself and the Lender other Secured Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, including the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).. [RumbleOn] Loan Agreement 108

Appears in 1 contract

Samples: Loan and Security Agreement (RumbleOn, Inc.)

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Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(iSUBSECTION 9.1(H)(1) and (ii)above), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Agent under Section 11.1(h)(iiclauses (i) and (ii) of SUBSECTION 9.1(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of confirmation from the requisite percentage of the Lenders (as set forth in SUBSECTION 9.1(H)(1) above), if any, of its Agent's authority to release any particular item or types of Property covered by this Agreement or the other Loan DocumentsLiens upon any Collateral, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (shall, and is hereby is irrevocably authorized by Lenders to) , execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to -------- act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 8.2(H)(1)), each Lender -------------------- agrees to confirm in writing, upon request by AgentAgent or Borrower Representative, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under Section 11.1(h)(iiclauses (i) through (iii) of subsection 8.2(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of -------------------- confirmation from the requisite percentage of the Lenders required by subsection 8.2(H)(1), if any, of its authority to release or -------------------- compromise any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorRepresentative, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (Ai) Agent -------- shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (Lund International Holdings Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(1)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(iisubsection 9.2(H)(1). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) except in the case of a release described in clause (i) of subsection 9.2(H)(1), such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Gradall Industries Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party in respect of all interests retained by the Credit Parties or any Subsidiary of any Credit Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Credit Agreement (Global Employment Holdings, Inc.)

Confirmation of Authority; Execution of Releases. Without in any ------------------------------------------------ manner limiting the Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent the Purchasers (as set forth in Section 11.1(h)(i9.1(h)(i) and (ii)), each Lender Purchaser agrees to confirm in writing, upon request by Agentthe Parent, the authority to release any property covered by this Agreement or the Loan Purchase Documents conferred upon the Agent under Section 11.1(h)(ii9.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Purchasers, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Purchase Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorLoan Parties, the Agent shall (and is hereby is irrevocably authorized by Lenders the Purchasers to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Purchasers herein or pursuant hereto upon such Collateral; provided, however, that (A) the -------- ------- Agent shall not be required to execute any such document on terms which, in the Agent’s 's opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Loan Parties or any Subsidiary of any Credit Party in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyLoan Parties, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Purchase Documents).

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Encore Medical Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii9.2(h)(i)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the other Loan Documents conferred upon the Agent under Section 11.1(h)(ii9.2(h)(i). So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, the Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) the Agent shall not be required to execute any such document on terms which, in the Agent’s opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Credit and Security Agreement (Tower Air Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i12.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrowers, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii12.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrowers, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s 's own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrowers or any Subsidiary of any Credit Party Borrowers, in respect of of), all interests retained by the Credit Parties Borrowers or any Subsidiary of any Credit PartyBorrowers, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: , and Security Agreement (Advanced Nutraceuticals Inc/Tx)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Requisite Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii10.4(a)), each Lender agrees to confirm in writing, upon request by AgentBorrowers, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under clauses (i) through (iii) of Section 11.1(h)(ii10.4(a). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Requisite Lenders of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrowers, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrowers, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyBorrowers, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (Eco Soil Systems Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s 's authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)8.8(a), each Lender agrees to confirm in writing, upon request by Agentthe Borrowers, the authority to release any property covered by this Agreement or the Loan Documents conferred upon the Agent under Section 11.1(h)(ii8.8(a). So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, the Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that -------- ------- (Ai) the Agent shall not be required to execute any such document on terms which, in the Agent’s 's opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Cahill Edward L)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iiSubsection 8.2(I)(i)), each Lender agrees to confirm in writing, upon request by AgentAdministrative Agent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Administrative Agent under Section 11.1(h)(iiclauses (2) through (4) of the first sentence of Subsection 8.2(I)(i). So long as no Event of Default exists, upon Upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders each Lender of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan DocumentsSecurity Documents under Subsection 8.2(I)(i), and upon at least five (5) 10 Business Days' prior written request by Borrower Funds AdministratorBorrower, Administrative Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of the Lender PartiesAdministrative Agent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (A1) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent’s 's opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty warranty, (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B2) such release or compromise shall not in any manner discharge, affect or impair the Secured Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Parties, in respect of of) all interests retained by the Credit Loan Parties or any Subsidiary of any Credit Partyin the Collateral, including, without limitation, the including proceeds of any salesale or other disposition of any Collateral, all of which shall continue to constitute part of the Property property covered by the Security Documents, and (3) nothing in this Agreement or the other Loan DocumentsSubsection 8.2(I)(ii) shall limit Administrative Agent's authorization to release Liens in accordance with Subsection 8.2(I)(i).. Credit Agreement/Shenandoah Telecommunications Company

Appears in 1 contract

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i11-A.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii11-A.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Requisite Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary subsidiary of any Credit Party Borrower, in respect of of), all interests retained by the Credit Parties Borrower or any Subsidiary subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (America Service Group Inc /De)

Confirmation of Authority; Execution of Releases. Without in any ------------------------------------------------ manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 8.2(H)(1)), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrowers, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under Section 11.1(h)(iiclauses (i) through (iii) of subsection 8.2(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of confirmation from the requisite percentage of the Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrowers, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that -------- (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (Opinion Research Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 8.2(H)(1)), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower or any other Loan Party, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Agent under Section 11.1(h)(iiclause (i) through (iii) of subsection 8.2(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of confirmation from the requisite percentage of the Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan Security Documents, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds Administratoror any other Loan Party, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (Universal Technical Institute Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered covered, by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Parties herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising under the Loan Documents or from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party in respect of of) all interests retained by the Credit Parties or any Subsidiary of any a Credit Party, Party including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property covered by this Agreement Agreement, the Loan Documents or subject to the other last sentence of Section 9.1(a),the Term Loan Documents).

Appears in 1 contract

Samples: Revolving Facility Agreement (Evolving Systems Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s 's authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii))8.8.1, each Lender agrees to confirm in writing, upon request by Agentthe Borrowers, the authority to release any property covered by this Agreement or the Loan Financing Documents conferred upon the Agent under Section 11.1(h)(ii)8.8.1. So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Financing Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds Administratorthe Borrowers, the Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Aa) the Agent shall not be required to execute any such document on terms which, in the Agent’s 's opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Financing Documents).

Appears in 1 contract

Samples: Financing and Security Agreement (First Alert Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(iSUBSECTION 9.1(H)(1) and (ii)above), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Agent under Section 11.1(h)(iiclauses (i) and (ii) of SUBSECTION 9.1(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of confirmation from the requisite percentage of the Lenders (as set forth in SUBSECTION 9.1(H)(1) above), if any, of its Agent's authority to release any particular item or types of Property covered by this Agreement or the other Loan DocumentsLiens upon any Collateral, and upon at least five ten (510) Business Days’ Days prior SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT written request by Borrower Funds AdministratorBorrower, Agent shall (shall, and is hereby is irrevocably authorized by Lenders to) , execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; providedPROVIDED, howeverHOWEVER, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i11-A.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii11-A.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower, in respect of of), all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Acorn Products Inc)

Confirmation of Authority; Execution of Releases. Without in ------------------------------------------------ any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(1)), each -------------------- Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(iisubsection 9.2(H)(1). So long as no Event of Default existsis then -------------------- continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Tower Air Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).. [Harvest] Loan and Security Agreement (Conformed) 119

Appears in 1 contract

Samples: Loan and Security Agreement (Harvest Capital Credit Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free [Harvest] Loan and Security Agreement (Conformed) 120 and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Harvest Capital Credit Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s 's authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and 8.8.1 (ii)Release of Collateral), each Lender agrees to confirm in writing, upon request by Agentthe Borrower, the authority to release any property covered by this Agreement or the Loan Financing Documents conferred upon the Agent under Section 11.1(h)(ii8.8.1 (Release of Collateral). So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Financing Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds Administratorthe Borrower, the Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Aa) the Agent shall not be required to -------- ------- execute any such 107 document on terms which, in the Agent’s 's opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Financing Documents).

Appears in 1 contract

Samples: Financing and Security Agreement (Reunion Industries Inc)

Confirmation of Authority; Execution of Releases. Without in ------------------------------------------------ any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(isubsection 9.2(H)(1) and (ii)-------------------- above), each Lender agrees to confirm in writing, upon request by AgentAgent or Borrower, the authority to release any property covered by this Agreement or the Loan Documents Collateral conferred upon Agent under Section 11.1(h)(iiclauses (i) and (ii) of subsection 9.2(H)(1). So long as no Event of Default exists, upon Upon receipt by Agent of -------------------- confirmation from the requisite percentage of the Lenders (as set forth in subsection 9.1(H)(1) above), if any, of its Agent's authority to release any particular item or types of Property covered by this Agreement or the other Loan DocumentsLiens -------------------- upon any Collateral, and upon at least five ten (510) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (shall, and is hereby is irrevocably authorized by Lenders to) , execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesAgent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Agent shall not be required to execute -------- ------- any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Banctec Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Requisite Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iiSubsection 11.4(a)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(iiclauses (i) through (iii) of Subsection 11.4(a). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Requisite Lenders of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Ai) Agent shall not be required to execute any such document on terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrower, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyBorrower, including, including (without limitation, ) the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Term Loan Agreement (Baldwin Piano & Organ Co /De/)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Administrative Agent’s 's authority to act without any specific or further authorization or consent by the Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and 8.8.1 (ii)Release of Collateral; Guarantees), each Lender agrees to confirm in writing, upon request by Agentthe Borrowers, the authority to release any property or guarantees covered by this Agreement or the Loan Financing Documents conferred upon the Administrative Agent under Section 11.1(h)(ii8.8.1 (Release of Collateral; Guarantees). So long as no Event of Default existsis then continuing, upon receipt by the Administrative Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property or guarantees covered by this Agreement or the other Loan Financing Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds Administratorthe Borrowers, the Administrative Agent shall (and is hereby is irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release of the Liens or guarantees granted to Agent, the Administrative Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Aa) the Administrative Agent shall not be required to execute any such document on terms which, in the Administrative Agent’s 's opinion, would expose the Administrative Agent to liability or create any obligation or entail any consequence other than the release of such Liens or guarantees without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Financing Documents).

Appears in 1 contract

Samples: Financing and Security Agreement (Walbro Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iiSubsection 8.2(I)(1)), each Lender agrees to confirm in writing, upon request by AgentAdministrative Agent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Administrative Agent under Section 11.1(h)(iiclauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1). So long as no Event of Default exists, upon Upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders each Lender of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan DocumentsSecurity Documents under Subsection 8.2(I)(1), and upon at least five (5) ten Business Days’ prior written request by Borrower Funds AdministratorBorrower, Administrative Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of the Lender PartiesAdministrative Agent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (Ai) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent’s opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrower, in respect of of) all interests retained by Borrower in the Credit Parties or any Subsidiary of any Credit PartyCollateral, including, without limitation, the including proceeds of any salesale or other disposition of any Collateral, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).

Appears in 1 contract

Samples: Credit Agreement (Atlantic Tele Network Inc /De)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorBorrower, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender PartiesLenders, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties Borrower or any Subsidiary of any Credit Party Borrower in respect of of) all interests retained by the Credit Parties Borrower or any Subsidiary of any Credit PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Documents).. 109

Appears in 1 contract

Samples: Loan and Security Agreement (Harvest Capital Credit Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent Note Purchasers (as set forth in Section 11.1(h)(i13.1(h)(i) and (ii)), each Lender Note Purchaser agrees to confirm in writing, upon request by AgentIssuer, the authority to release any property covered by this Agreement or the Loan Transaction Documents conferred upon Administrative Agent or Collateral Agent under Section 11.1(h)(ii13.1(h)(ii). So long as no Early Wind-Down Trigger Event, Default or Event of Default exists, upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders Note Purchasers of its authority to release any particular item or types of Property Collateral covered by this Agreement or the other Loan Transaction Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds AdministratorIssuer, Administrative Agent shall (and hereby is irrevocably authorized by Lenders Note Purchasers to) direct Collateral Agent in writing to execute such documents as may be necessary to evidence the release of the Liens granted to Collateral Agent, for the benefit of the Lender Secured Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Administrative Agent shall not be required to execute execute, or to direct Collateral Agent to execute, any such document on terms which, in Administrative Agent’s opinion, would expose Administrative Agent or Collateral Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Issuer in respect of of) all interests retained by the Credit Parties or any Subsidiary of any Credit PartyIssuer, including, without limitation, including the proceeds of any sale, all of which shall continue to constitute part of the Property Collateral covered by this Agreement or the other Loan Transaction Documents).

Appears in 1 contract

Samples: Note Issuance and Purchase Agreement (Enova International, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent the Purchasers (as set forth in Section 11.1(h)(i9.1(h)(i) and (ii)), each Lender Purchaser agrees to confirm in writing, upon request by Agentthe Parent, the authority to release any property covered by this Agreement or the Loan Purchase Documents conferred upon the Agent under Section 11.1(h)(ii9.1(h)(ii). So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Purchasers, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Purchase Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorLoan Parties, the Agent shall (and is hereby is irrevocably authorized by Lenders the Purchasers to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Purchasers herein or pursuant hereto upon such Collateral; provided, however, that (A) the Agent shall not be required to execute any such document on terms which, in the Agent’s opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Loan Parties or any Subsidiary of any Credit Party in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyLoan Parties, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Purchase Documents).

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Encore Medical Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iiSubsection 8.2(I)(1)), each Lender agrees to confirm in writing, upon request by AgentAdministrative Agent or Borrower, the authority to release any property covered by this Agreement or the Loan Security Documents conferred upon Administrative Agent under Section 11.1(h)(iiclauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1). So long as no Event of Default exists, upon Upon receipt by Administrative Agent of confirmation from the requisite percentage of the Lenders each Lender of its authority to release or compromise any particular item or types of Property property covered by this Agreement or the other Loan DocumentsSecurity Documents under Subsection 8.2(I)(1), and upon at least five (5) ten Business Days’ prior written request by Borrower Funds AdministratorBorrower, Administrative Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of the Lender PartiesAdministrative Agent and Lenders, herein or pursuant hereto upon such Collateral; provided, however, provided that (Ai) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent’s opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Borrower, in respect of of) all interests retained by Borrower in the Credit Parties or any Subsidiary of any Credit PartyCollateral, including, without limitation, the including proceeds of any salesale or other disposition of any Collateral, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Security Documents).. Credit Agreement/Atlantic Tele-Network, Inc.

Appears in 1 contract

Samples: Credit Agreement (Atlantic Tele Network Inc /De)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and 11.8.1 (ii)Release of Collateral), each Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Financing Documents conferred upon Agent under Section 11.1(h)(ii11.8.1 (Release of Collateral). So long as no Event of Default existsis then continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Financing Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (Aa) Agent shall not be required to execute any such document on terms whichthat, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit PartyPerson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Financing Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Senior Living Inc)

Confirmation of Authority; Execution of Releases. Without in any ------------------------------------------------ manner limiting Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (iisubsection 9.2(H)(1)), each --------------------- Lender agrees to confirm in writing, upon request by AgentBorrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(iisubsection 9.2(H)(1). So long as no Event of Default existsis then -------------------- continuing, upon receipt by Agent of confirmation from the requisite percentage of the Lenders Lenders, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds AdministratorBorrower, Agent shall (and is hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of the Lender Parties, Lenders herein or pursuant hereto upon such Collateral; provided, -------- however, that (Ai) Agent shall not be required to execute any such document on ------- terms which, in Agent’s 's opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bii) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party Loan Party, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Tower Air Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent’s 's authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (the Banks as set forth in Section 11.1(h)(i) and (ii)Release of Collateral), each Lender Bank agrees to confirm in writing, upon request by Agentthe Borrower, the authority to release any property covered by this Agreement or the Loan Documents conferred upon the Agent under Section 11.1(h)(ii(Release of Collateral). So long as no Event of Default existsis then continuing, upon receipt by the Agent of confirmation from the requisite percentage of the Lenders Banks, of its authority to release any particular item or types of Property property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ Days prior written request by Borrower Funds Administratorthe Borrower, the Agent shall (and is hereby is irrevocably authorized by Lenders the Banks to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, the Agent for the benefit of the Lender Parties, Banks herein or pursuant hereto upon such Collateral; provided, however, that (Aa) the Agent shall not be required to execute any such document on terms which, in the Agent’s 's good faith opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts)warranty, and (Bb) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party person, in respect of of), all interests retained by the Credit Parties or any Subsidiary of any Credit Partyperson, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property property covered by this Agreement or the other Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (Mason Dixon Bancshares Inc/Md)

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