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

Effect Upon Loan Documents and Receivables Documents. By executing this Agreement, the Originator and the Receivables Seller agree to be bound by the provisions hereof (i) as they relate to the relative rights of the Banks and the Banks' Agent with respect to the property of the Originator; and (ii) as they relate to the relative rights of the Originator and the Receivables Purchasers as creditors of the Receivables Seller. The Borrower acknowledges that the provisions of this Agreement shall not give the Borrower any substantive rights as against the Banks' Agent or the Banks and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Loan Documents as between the Borrower, the Banks' Agent and the Banks. The Receivables Seller acknowledges that the provisions of this Agreement shall not give the Receivables Seller any substantive rights as against the Administrative Agent, the Receivables Collateral Agent or the Receivables Purchasers and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Receivables Documents as among the Receivables Seller, the Administrative Agent, the Receivables Collateral Agent or the

Effect Upon Loan Documents and Receivables Documents. By executing this Agreement, the Originator and the Receivables Seller agree to be bound by the provisions hereof (i) as they relate to the relative rights of the Banks and the Banks' Agent with respect to the property of the Originator; and (ii) as they relate to the relative rights of the Originator and the Receivables Purchasers as creditors of the Receivables Seller. The Borrower Each Credit Party acknowledges that the provisions of this Agreement shall not give the Borrower such Credit Party any substantive rights as against the Banks' ABL Agent or the Banks any other ABL Secured Party and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Loan Documents as between the BorrowerCredit Parties, the Banks' ABL Agent and the Banksother ABL Secured Parties. The Each of the Originator, the Servicer, and the Receivables Seller acknowledges that the provisions of this Agreement shall not give the Receivables Seller it any substantive rights as against the Administrative Agent, the Receivables Collateral Agent or the Receivables Purchasers Purchaser and that nothing in this Agreement shall amend, modify, change or supersede the terms of the Receivables Documents as among the Receivables SellerSeller or the Receivables Purchaser. Notwithstanding the foregoing, each of the Receivables Purchaser and the ABL Agent agrees, that, as between themselves, to the extent the terms and provisions of the Loan Documents or the Receivables Documents are inconsistent with the terms and provisions of this Agreement, the Administrative Agent, the Receivables Collateral Agent or theterms and provisions of this Agreement shall control.