Credit Agreement Provisions. The Guarantor acknowledges that (a) the Borrower has made certain representations and warranties in the Credit Agreement with respect to the Guarantor and confirms that each such representation and warranty is true and correct, with the same effect as set forth herein, and (b) the Borrower has made certain covenants and agreements in the Credit Agreement with respect to the Guarantor and agrees to promptly and properly comply with or be bound by each of them, with the same effect as if set forth herein.
Credit Agreement Provisions. Mortgagor agrees to comply with the covenants and conditions of the Credit Agreement that is hereby incorporated by reference in and made a part of this Agreement. All sums disbursed by Agent to protect the security of this Agreement shall be treated as Related Expenses. All such sums shall bear interest from the date of disbursement. In the event of any conflict or inconsistency between this Agreement and the Credit Agreement, the terms of the Credit Agreement shall control. As used herein, "Related Expenses" shall mean any and all reasonable costs, liabilities and expenses (including, without limitation, losses, damages, penalties, claims, actions, reasonable attorneys' fees, legal expenses, judgments, suits and disbursements) (a) incurred by Agent, or imposed upon or asserted against Agent or any Lender, in any attempt by Agent and the Lenders to (i) obtain, preserve, perfect, or enforce any security interest evidenced by this Agreement, the Credit Agreement, any Credit Document, or any other document, instrument or agreement executed in connection with any of the foregoing; (ii) obtain payment, performance or observance of any and all of the Obligations; or (iii) maintain, insure, audit, collect, preserve, repossess or dispose of any of the Property or any other collateral securing the Obligations, including, without limitation, costs and expenses for appraisals, assessments and audits of the Borrowers or any such collateral; or (b) incidental or related to (a) above, including, without limitation, interest thereupon from the date incurred, imposed or asserted until paid.
Credit Agreement Provisions. In this Deed (including in the Recitals), words and expressions defined, and principles of construction and interpretation set out, in Article 1 of the Credit Agreement shall, unless the context otherwise requires, have the same meanings herein, save that in the event of a conflict between a definition in the Credit Agreement and a definition in this Deed, the definition in this Deed shall prevail.
Credit Agreement Provisions. Each Guarantor acknowledges that certain --------------------------- (a) representations and warranties in the Credit Agreement are applicable to it and confirms that each such representation and warranty is true and correct, and (b) covenants and other provisions in the Credit Agreement are applicable to it or are imposed upon it and agrees to promptly and properly comply with or be bound by each of them.
Credit Agreement Provisions. Each of the Agents, the Secured Parties and each Grantor hereby agrees that Section 12.13 (Submission to Jurisdiction; Waivers), Section 12.14 (Acknowledgements) and Section 12.16 (Release of Collateral and Guarantee Obligations) of the Credit Agreement shall be applicable to this Agreement mutatis mutandis, and each of such parties acknowledges that it has reviewed such provisions and agrees to their applicability, mutatis mutandis, hereto.
Credit Agreement Provisions. Each Guarantor acknowledges that certain (a) representations and warranties in the Credit Agreement are applicable to it and confirms that each such representation and warranty is true and correct, (b) covenants, agreements, and other provisions in the Credit Agreement (INCLUDING, WITHOUT LIMITATION, INDEMNIFICATION AND RELATED PROVISIONS IN SECTION 8.12 OF THE CREDIT AGREEMENT) are applicable to it or are imposed upon it and agrees to promptly and properly comply with or be bound by each of them, AND (C) IT IRREVOCABLY CONSENTS TO AND APPROVES THE VENUE, SERVICE OF PROCESS, AND WAIVER OF JURY TRIAL PROVISIONS OF SECTION 14.11
Credit Agreement Provisions. Article VIII of the Credit Agreement is hereby incorporated herein by this reference mutatis mutandis. Without limiting the foregoing, Xxxxxxx agrees that this Agreement shall be interpreted in accordance with Delaware law and that any dispute will be determined by and arbitral tribunal in accordance with Section 8.09(c) of the Credit Agreement.
Credit Agreement Provisions. Secured Party is executing and delivering this Agreement, and accepting the security interests, rights, remedies, powers and benefits conferred upon Secured Party hereby, as Lender under the Credit Agreement. The provisions of Article VII of the Credit Agreement and all rights, powers, immunities and indemnities granted to the Lender under the Credit Agreement and other Loan Documents shall apply in respect of such execution, delivery and acceptance and in respect of any and all actions taken or omitted by Secured Party under, in connection with or with respect to this Agreement.
Credit Agreement Provisions. For purposes hereof, the --------------------------- provisions of Sections 10.09, 11.03 and 11.04 of the Credit Agreement are hereby incorporated, mutatis mutandis, as if set forth herein in full. So long as any ------- -------- Secured Obligations shall remain outstanding hereunder, such provisions, as so incorporated, shall survive the payment in full of the Loans, and the termination of the Credit Agreement.
Credit Agreement Provisions. (a) Notwithstanding any provision of this Agreement or any other Loan Document to the contrary, the Agent, the Lenders and the Borrower agree that on or after the date hereof any amendment to, or waiver of, (i) the Credit Agreement Representations, (ii) the Credit Agreement Defaults or (iii) the covenants from the Credit Agreement referred to in Section 7.1., which has been consented to by the Requisite Lenders (or all Lenders if such amendment or waiver required the consent of all Lenders (as defined in the Credit Agreement) under the applicable terms of the Credit Agreement) in writing, shall be deemed to be incorporated herein by reference and shall become effective hereunder when such amendment or waiver becomes effective thereunder, without any further action necessary by the Borrower, the Lenders or the Agent. Any such amendment or waiver shall be effective only in the specific instance and for the specific purpose for which given. The Borrower agrees to promptly provide the Agent with a copy of such amendment or waiver if the Agent is not also acting as "Agent" under the Credit Agreement.
(b) The Credit Agreement Representations, the Credit Agreement Defaults and the covenants from the Credit Agreement referred to in Section 7.1. incorporated herein by reference and any definitions or other terms or provisions of the Credit Agreement incorporated herein by reference, will be deemed to continue in effect for the benefit of the Agent and the Lenders (notwithstanding the termination of the Credit Agreement) until this Agreement has terminated and all Obligations have been indefeasibly paid in full, including, without limitation, whether or not the Credit Agreement remains in effect or whether or not the Credit Agreement is amended, restated or terminated after the date hereof. If after the date hereof, the Credit Agreement is terminated, then references to the Credit Agreement shall continue to be references to the Credit Agreement as provided in the immediately preceding sentence. For purposes of the foregoing, (i) references in the provisions of the Credit Agreement incorporated herein by reference to the "Borrower" shall refer to the Borrower; (ii) references therein to the "Agent" shall refer to the Agent; (iii) references therein to the "Lenders" or a "Lender" shall refer to the Lenders and a Lender, respectively; and (iii) the terms "Agreement," "hereto" and "hereof" when used in the provisions of the Credit Agreement incorporated herein by refer...
