Common use of Effect Upon Loan Documents and Receivables Documents Clause in Contracts

Effect Upon Loan Documents and Receivables Documents. By executing this Agreement, WESCO, the other Originators and the Receivables Seller agree to be bound by the provisions hereof (i) as they relate to the relative rights of the Lenders and the Lenders Agent with respect to the property of WESCO; and (ii) as they relate to the relative rights of WESCO, the other Originators, the Receivables Seller, the Receivables Purchasers, the Purchaser Agents and/or the Receivables Agent as creditors of (or purchasers from) WESCO, the other Originators, or the Receivables Seller, as the case may be. Each of WESCO and the other Originators acknowledges that the provisions of this Agreement shall not give it or any other Loan Party any substantive rights as against the Lenders Agent or the Lenders and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Loan Documents as between WESCO, the other Loan Parties, the Lenders Agent and the Lenders, Each of the Receivables Seller, WESCO and the other Originators acknowledges that the provisions of this Agreement shall not give the Receivables Seller, WESCO, or the other Originators any substantive rights as against the Receivables Agent, the Purchaser Agents or the Receivables Purchasers and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Receivables Documents as among the Receivables Seller, WESCO, the other Originators, the Receivables Agent, the Purchaser Agents or the Receivables Purchasers. WESCO, the other Originators and the Receivables Seller further acknowledge that the provisions of this Agreement shall not give any such party any substantive rights as against the other and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Receivables Documents as among WESCO, the other Originators and the Receivables Seller. To the extent possible, this Agreement, the other Loan Documents and the Receivables Documents shall be read and construed together so as to give full effect to each of them. Notwithstanding the foregoing, each of the Receivables Agent (for itself and on behalf of each Receivables Purchaser), and the Lenders Agent (for itself and on behalf of each Lenders) agrees, that, as between themselves, to the extent the terms and provisions of the other Loan Documents or the Receivables Documents are inconsistent with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.

Effect Upon Loan Documents and Receivables Documents. By executing this Agreement, WESCO, the other Originators USS and the Receivables Seller Transferor agree to be bound by the provisions hereof (i) as they relate to the relative rights of the Lenders and the Lenders Lender Agent with respect to the property of WESCOUSS; and (ii) as they relate to the relative rights of WESCOUSS, the other Originators, the Receivables SellerTransferor, the Receivables Purchasers, the Purchaser Funding Agents and/or the Receivables Collateral Agent as creditors of (or purchasers from) WESCOUSS, the other Originators, Originators or the Receivables SellerTransferor, as the case may be. Each of WESCO and the other Originators USS acknowledges that the provisions of this Agreement shall not give it or any other Loan Party any substantive rights as against the Lenders Lender Agent or the Lenders and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Loan Documents as between WESCOUSS, the other Loan Parties, the Lenders Lender Agent and the Lenders, Each of the Receivables Seller, WESCO . The Transferor and the other Originators acknowledges USS acknowledge that the provisions of this Agreement shall not give the Receivables SellerTransferor, WESCO, USS or the any other Originators Originator any substantive rights as against the Receivables Collateral Agent, the Purchaser Funding Agents or the Receivables Purchasers and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Receivables Documents as among the Receivables SellerTransferor, WESCOUSS, the other Originators, the Receivables Collateral Agent, the Purchaser Funding Agents or the Receivables Purchasers. WESCO, the other Originators USS and the Receivables Seller Transferor further acknowledge that the provisions of this Agreement shall not give any such party any substantive rights as against the other and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Receivables Documents as among WESCObetween USS, the other Originators and the Receivables Seller. To the extent possible, this Agreement, the other Loan Documents and the Receivables Documents shall be read and construed together so as to give full effect to each of themTransferor. Notwithstanding the foregoing, each of the Receivables Collateral Agent (for itself and on behalf of each Receivables Purchaser), and the Lenders Lender Agent (for itself and on behalf of each LendersLender) agrees, that, as between themselves, to the extent the terms and provisions of the other Loan Documents or the Receivables Documents are inconsistent with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.

Effect Upon Loan Documents and Receivables Documents. By executing this Agreement, WESCO, the other Originators and the Receivables Seller agree to be bound by the provisions hereof (i) as they relate to the relative rights of the ABL Lenders and the ABL Lenders Agent with respect to the property of WESCO; (ii) as they relate to the relative rights of the Term Lenders and the Term Lenders Agent with respect to the property of WESCO; and (iiiii) as they relate to the relative rights of WESCO, the other Originators, the Receivables Seller, the Receivables Purchasers, the Purchaser Agents and/or the Receivables Agent as creditors of (or purchasers from) WESCO, the other Originators, or the Receivables Seller, as the case may be. Each of WESCO and the other Originators acknowledges that the provisions of this Agreement shall not give it or any other Loan Party any substantive rights as against the Lenders Agent Agents or the Lenders and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of (a) the ABL Loan Documents as between WESCO, the other Loan Parties, the ABL Lenders Agent and the ABL Lenders or (b) the Term Loan Documents as between WESCO, the other Loan Parties, the Term Lenders Agent and the Term Lenders, . Each of the Receivables Seller, WESCO and the other Originators acknowledges that the provisions of this Agreement shall not give the Receivables Seller, WESCO, or the other Originators any substantive rights as against the Receivables Agent, the Purchaser Agents or the Receivables Purchasers and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Receivables Documents as among the Receivables Seller, WESCO, the other Originators, the Receivables Agent, the Purchaser Agents or the Receivables Purchasers. WESCO, the other Originators and the Receivables Seller further acknowledge that the provisions of this Agreement shall not give any such party any substantive rights as against the other and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Receivables Documents as among WESCO, the other Originators and the Receivables Seller. Each of the ABL Lenders Agent (on behalf of itself and the ABL Lenders) and the Term Lenders Agent (on behalf of itself and the Term Lenders) agrees that the provisions of this Agreement shall not give the ABL Lenders Agent and the ABL Lenders, on the one hand, or the Term Lenders Agent and the Term Lenders, on the other hand, any substantive rights as against the other and that nothing in this Agreement shall amend, modify, change or supersede the terms of the ABL-Term Loan Intercreditor Agreement. To the extent possible, this Agreement, the other Loan Documents and the Receivables Documents shall be read and construed together so as to give full effect to each of them. Notwithstanding the foregoing, (i) each of the Receivables Agent (for itself and on behalf of each Receivables Purchaser), and the ABL Lenders Agent (for itself and on behalf of each ABL Lenders) agrees, that, as between themselves, to the extent the terms and provisions of the other ABL Loan Documents (other than the ABL-Term Loan Intercreditor Agreement) or the Receivables Documents are inconsistent with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control and (ii) each of the Receivables Agent (for itself and on behalf of each Receivables Purchaser), and the Term Lenders Agent (for itself and on behalf of each Term Lenders) agrees, that, as between themselves, to the extent the terms and provisions of the other Term Loan Documents (other than the ABL-Term Loan Intercreditor Agreement) or the Receivables Documents are inconsistent with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.

Effect Upon Loan Documents and Receivables Documents. By executing this Agreement, WESCO, the other Originators Cxxxxx Tire and the Receivables Seller Transferor agree to be bound by the provisions hereof (i) as they relate to the relative rights of the Lenders and the Lenders Lender Agent with respect to the property of WESCO; Cxxxxx Tire, and (ii) as they relate to the relative rights of WESCOCxxxxx Tire, the other OriginatorsTransferor, the Receivables Seller, the Receivables Purchasers, the Purchaser Agents Purchasers and/or the Receivables Agent Administrator as creditors of (or purchasers from) WESCO, the other Originators, Cxxxxx Tire or the Receivables SellerTransferor, as the case may be. Each of WESCO and the other Originators Cxxxxx Tire acknowledges that the provisions of this Agreement shall not give it or any other Loan Party any substantive rights as against the Lenders Lender Agent or the Lenders and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Loan Documents as between WESCOamong Cxxxxx Tire, the other Loan Parties, the Lenders Lender Agent and the Lenders, Each of the Receivables Seller, WESCO . The Transferor and the other Originators acknowledges Cxxxxx Tire acknowledge that the provisions of this Agreement shall not give the Receivables Seller, WESCO, Transferor or the other Originators Cxxxxx Tire any substantive rights as against the Receivables Agent, the Purchaser Agents Administrator or the Receivables Purchasers and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Receivables Documents as among the Receivables SellerTransferor, WESCOCxxxxx Tire, the other Originators, the Receivables Agent, the Purchaser Agents or Administrator and the Receivables Purchasers. WESCO, the other Originators Cxxxxx Tire and the Receivables Seller Transferor further acknowledge that the provisions of this Agreement shall not give any either such party any substantive rights as against the other and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Receivables Documents as among WESCO, the other Originators between Cxxxxx Tire and the Receivables Seller. To the extent possible, this Agreement, the other Loan Documents and the Receivables Documents shall be read and construed together so as to give full effect to each of themTransferor. Notwithstanding the foregoing, each of the Receivables Agent Administrator (for itself and on behalf of each Receivables Purchaser), and the Lenders Lender Agent (for itself and on behalf of each LendersLender) agrees, that, as between themselves, to the extent that the terms and provisions of the other Loan Documents or the Receivables Documents are inconsistent with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.

Effect Upon Loan Documents and Receivables Documents. By ---------------------------------------------------- executing this Agreement, WESCO, the other Originators USS and the Receivables Seller Transferor agree to be bound by the provisions hereof (i) as they relate to the relative rights of the Lenders and the Lenders Lender Agent with respect to the property of WESCOUSS; and (ii) as they relate to the relative rights of WESCOUSS, the other Originators, the Receivables SellerTransferor, the Receivables Purchasers, the Purchaser Funding Agents and/or the Receivables Collateral Agent as creditors of (or purchasers from) WESCOUSS, the other Originators, Originators or the Receivables SellerTransferor, as the case may be. Each of WESCO and the other Originators USS acknowledges that the provisions of this Agreement shall not give it or any other Loan Party any substantive rights as against the Lenders Lender Agent or the Lenders and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Loan Documents as between WESCOUSS, the other Loan Parties, the Lenders Lender Agent and the Lenders, Each of the Receivables Seller, WESCO . The Transferor and the other Originators acknowledges USS acknowledge that the provisions of this Agreement shall not give the Receivables SellerTransferor, WESCO, USS or the any other Originators Originator any substantive rights as against the Receivables Collateral Agent, the Purchaser Funding Agents or the Receivables Purchasers and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Receivables Documents as among the Receivables SellerTransferor, WESCOUSS, the other Originators, the Receivables Collateral Agent, the Purchaser Funding Agents or the Receivables Purchasers. WESCO, the other Originators USS and the Receivables Seller Transferor further acknowledge that the provisions of this Agreement shall not give any such party any substantive rights as against the other and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Receivables Documents as among WESCObetween USS, the other Originators and the Receivables Seller. To the extent possible, this Agreement, the other Loan Documents and the Receivables Documents shall be read and construed together so as to give full effect to each of themTransferor. Notwithstanding the foregoing, each of the Receivables Collateral Agent (for itself and on behalf of each Receivables Purchaser), and the Lenders Lender Agent (for itself and on behalf of each LendersLender) agrees, that, as between themselves, to the extent the terms and provisions of the other Loan Documents or the Receivables Documents are inconsistent with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.

Effect Upon Loan Documents and Receivables Documents. By executing this Agreement, WESCO, the other Originators and the Receivables Seller agree to be bound by the provisions hereof (i) as they relate to the relative rights of the Lenders and the Lenders Agent with respect to the property of WESCO; and (ii) as they relate to the relative rights of WESCO, the other Originators, the Receivables Seller, the Receivables Purchasers, the Purchaser Agents and/or the Receivables Agent as creditors of (or purchasers from) WESCO, the other Originators, or the Receivables Seller, as the case may be. Each of WESCO and the other Originators Obligors acknowledges that the provisions of this Agreement shall not give it or any other Loan Credit Party any substantive rights as against the Lenders Agent or the Lenders and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Loan Documents as between WESCO, the other Loan Credit Parties, the Lenders Agent and the Lenders, . Each of the Receivables Seller, WESCO and the other Originators Obligors acknowledges that the provisions of this Agreement shall not give the Receivables Seller, WESCO, or the other Originators any substantive rights as against the Receivables Agent, the Purchaser Agents or the Receivables Purchasers and that nothing in this Agreement shall (except as expressly provided herein) amend, modify, change or supersede the terms of the Receivables Documents as among the Receivables Seller, WESCO, the other Originators, the Receivables Agent, the Purchaser Agents or the Receivables Purchasers. WESCO, the other Originators and the Receivables Seller further acknowledge that the provisions of this Agreement shall not give any such party any substantive rights as against the other and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Receivables Documents as among WESCO, the other Originators and the Receivables Seller. To the extent possible, this Agreement, the other Loan Documents and the Receivables Documents shall be read and construed together so as to give full effect to each of them. Notwithstanding the foregoing, each of the Receivables Agent (for itself and on behalf of each Receivables Purchaser), and the Lenders Agent (for itself and on behalf of each Lenders) agrees, that, as between themselves, to the extent the terms and provisions of the other Loan Documents or the Receivables Documents are inconsistent with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.