EACH OF THE LENDERS. FROM TIME TO TIME PARTY HERETO (together with its respective successors and assigns in such capacity, each a “Lender”, collectively, the “Lenders”);
EACH OF THE LENDERS. PARTY TO THE AGREEMENT (as defined below; collectively, the “Lenders”);
EACH OF THE LENDERS hereby appoints the Collateral Agent as trustee (Treuhänder) and administrator for the purpose of accepting and administering the Security Documents governed by German law (the “German Transaction Security Documents”) for and on behalf of the Secured Parties and the Collateral Agent hereby accepts such appointment on the terms and subject to the conditions set out in this Section 9.1. The Collateral Agent shall (i) in case of non-accessory (nicht akzessorische) security rights created under the German Transaction Security Documents, hold and administer and, as the case may be, enforce such Liens and/or Collateral in its own name, but as trustee (Treuhänder) for the account of the Secured Parties; and (ii) in case of accessory (akzessorische) security rights created by way of pledge or other accessory instruments under the German Transaction Security Documents, administer and, as the case may be, enforce any and all Liens and/or Collateral in the name and for and on behalf of the Secured Parties or in its own name in accordance with Section 10.26 (Parallel Debt) or any parallel debt provision contained in this Agreement but in each case for the account of the Secured Parties. Each Lender hereby authorises the Collateral Agent (whether or not by or through employees or agents) (i) to exercise such rights, remedies, powers and discretions as are specifically delegated to or conferred upon the Collateral Agent under the German Transaction Security Documents together with such powers and discretions as are reasonably incidental thereto, and (ii) to take such action on its behalf as may from time to time be authorized under or in connection with the German Transaction Security Documents.
EACH OF THE LENDERS relying upon each of the representations and warranties of the Credit Parties and the guaranty of the Guarantor, hereby severally and not jointly agrees with each Borrower that, upon its agreement to make Additional Loans available, satisfaction of the applicable conditions precedent set forth in Article V and subject to and upon the terms and conditions of this Agreement and such other terms and conditions acceptable to the Lenders, it will, on each Drawdown Date, make Additional Loans available to the applicable Borrower in an aggregate amount not to exceed its Loan Commitment ratably with the other Lenders according to their respective Loan Commitments. The maximum aggregate amount of all Loans which may be outstanding at any time under this Agreement is the Aggregate Loan Commitment, as may be reduced
