Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's execution of this Agreement or an assignment agreement pursuant to Section 12.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement). In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guaranties.
Appears in 2 contracts
Samples: Credit Agreement (Whitestone REIT Operating Partnership, L.P.), Credit Agreement (Whitestone REIT)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 13.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Collateral and the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of GuarantiesGuaranties and Liens.
Appears in 2 contracts
Samples: Credit Agreement (DG FastChannel, Inc), Credit Agreement (DG FastChannel, Inc)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 12.07 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary Loan Party has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Collateral and the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)herein. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Collateral Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent Agents shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of GuarantiesGuaranties and Liens.
Appears in 2 contracts
Samples: Credit Agreement (Lantheus Medical Imaging, Inc.), Credit Agreement (Lantheus MI Intermediate, Inc.)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 13.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the any Borrower or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Collateral and the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of GuarantiesGuaranties and Liens.
Appears in 2 contracts
Samples: Credit Agreement (Rc2 Corp), Credit Agreement (Rc2 Corp)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 13.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary Guarantor has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Collateral and the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of GuarantiesGuaranties and Liens.
Appears in 2 contracts
Samples: Credit Agreement (Smart Balance, Inc.), Credit Agreement (Smart Balance, Inc.)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 10.10 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Restricted Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)4 hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution distribution; provided, however, that the consent of any such Affiliate shall not be required for any amendment or payment other modification to this Agreement or any other Loan Document or for the release of any party to any of the Guaranties.
Appears in 2 contracts
Samples: Term Loan Agreement (Cliffs Natural Resources Inc.), Credit Agreement (Cleveland Cliffs Inc)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 hereof11.10, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary Guarantor has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)2.11. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guaranties.
Appears in 2 contracts
Samples: Credit Agreement (BIO-TECHNE Corp), Credit Agreement (Techne Corp /Mn/)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 13.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower any Loan Party or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Collateral and the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of GuarantiesGuaranties and Liens.
Appears in 1 contract
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's execution of this Agreement or an assignment agreement pursuant to Section 12.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary Credit Party has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's right to share in payments and collections out of the Guaranties Collateral and the guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guarantiesguaranties and Liens.
Appears in 1 contract
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's execution of this Agreement or an assignment agreement pursuant to Section 12.12 hereof, as the case may be12.20 of this Agreement, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary other Obligor has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's right to share in payments and collections out of the Guaranties Collateral and the Guarantees as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)4.1 hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination or expiration of the Revolving all Credit Commitments and the payment in full of the ObligationsExposure, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of GuarantiesLiens.
Appears in 1 contract
Samples: Credit Agreement
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's Bank’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 13.12 hereof, as the case may be, any Affiliate of such Lender Bank with whom Whitestone REIT, the Borrower or any Subsidiary Guarantor has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender Bank party hereto for purposes of any reference in a Loan Credit Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Credit Documents consist exclusively of such Affiliate's ’s right to share in payments and collections arising out of the Guaranties Collateral and the guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)4.2 hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties guaranties and the Administrative Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender Bank or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender Bank has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guarantiesguaranties and Liens.
Appears in 1 contract
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's execution of this Agreement or an assignment agreement pursuant to Section 12.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guaranties.
Appears in 1 contract
Samples: Credit Agreement (Whitestone REIT Operating Partnership, L.P.)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 13.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)4.1 hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guaranties.
Appears in 1 contract
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 10.10 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower Company or any Restricted Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)Article 4 hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution distribution; provided, however, that the consent of any such Affiliate shall not be required for any amendment or payment other modification to this Agreement or any other Loan Document or for the release of any party to any of the Guaranties.
Appears in 1 contract
Samples: Assignment and Assumption (Cliffs Natural Resources Inc.)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 hereof11.10, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary Guarantor has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)2.11. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guaranties.
Appears in 1 contract
Samples: Credit Agreement (BIO-TECHNE Corp)
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guaranties.
Appears in 1 contract
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 10.10 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the collateral subject to the Liens granted pursuant to the Pledge Agreements and the Guaranties as more fully set forth in Section 3.1 hereof (2.8 and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)Section 4 hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution distribution; provided, however, that the consent of any such Affiliate shall not be required for any amendment or payment other modification to this Agreement or any other Loan Document or for the release of any collateral or the release of the Borrower or any party to any of the Guaranties.
Appears in 1 contract
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 10.10 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)4 hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution distribution; provided, however, that the consent of any such Affiliate shall not be required for any amendment or payment other modification to this Agreement or any other Loan Document or for the release of any party to any of the Guaranties.
Appears in 1 contract
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 13.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary Canadian Borrower has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Collateral and the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)other provisions hereof. In connection with any such distribution of payments and collections, collections or any request for the release of the Guaranties and the Administrative Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of Guarantiesdistribution.
Appears in 1 contract
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. □By virtue of a Lender's execution of this Agreement or an assignment agreement pursuant to Section 12.12 hereof, as the case may be12.20 of this Agreement, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary other Obligor has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's right to share in payments and collections out of the Guaranties Collateral and the Guarantees as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)4.1 hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's Liens in connection with the termination or expiration of the Revolving all Credit Commitments and the payment in full of the ObligationsExposure, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of GuarantiesLiens.
Appears in 1 contract
Samples: Credit Agreement
Hedging Liability and Funds Transfer and Deposit Account Liability Arrangements. By virtue of a Lender's ’s execution of this Agreement or an assignment agreement pursuant to Section 12.12 13.12 hereof, as the case may be, any Affiliate of such Lender with whom Whitestone REIT, the Borrower or any Subsidiary Guarantor has entered into an agreement creating Hedging Liability or Funds Transfer and Deposit Account Liability shall be deemed a Lender party hereto for purposes of any reference in a Loan Document to the parties for whom the Administrative Agent is acting, it being understood and agreed that the rights and benefits of such Affiliate under the Loan Documents consist exclusively of such Affiliate's ’s right to share in payments and collections out of the Collateral and the Guaranties as more fully set forth in Section 3.1 hereof (and the foregoing shall not be construed to afford such Affiliates any voting rights of a Lender under this Agreement)hereof. In connection with any such distribution of payments and collections, or any request for the release of the Guaranties and the Administrative Agent's ’s Liens in connection with the termination of the Revolving Credit Commitments and the payment in full of the Obligations, the Administrative Agent shall be entitled to assume no amounts are due to any Lender or its Affiliate with respect to Hedging Liability or Funds Transfer and Deposit Account Liability unless such Lender has notified the Administrative Agent in writing of the amount of any such liability owed to it or its Affiliate prior to such distribution or payment or release of GuarantiesLiens.
Appears in 1 contract
Samples: Credit Agreement (Lecg Corp)