Lender Acknowledgement. Each undersigned Lender, by its signature hereto, hereby authorizes and directs DBTCA in its capacity as Administrative Agent and as Collateral Agent to execute this Amendment.
Lender Acknowledgement. The Lender acknowledges that any wholly-owned subsidiary of the Borrower is a legal entity separate from the Borrower and the assets of any such subsidiary are not intended to be available to satisfy any obligations of the Borrower hereunder or under the Note.
Lender Acknowledgement. The Lender acknowledges that any obligations of the Borrower hereunder are unsecured and are expressly subordinated and junior in right of payment to the Senior Indebtedness as more fully described in Section 22.
Lender Acknowledgement. The Lenders and L/C Issuers hereby irrevocably authorize the Administrative Agent to enter into any Permitted Junior Intercreditor Agreement, and agree to be bound by the provisions of the Permitted Junior Intercreditor Agreement.
Lender Acknowledgement. By its execution and delivery hereof, each Lender acknowledges and agrees that they have received a copy of the Approved Bank Side Letter.
Lender Acknowledgement. The Lender acknowledges that the SPV is a legal entity separate from the Borrower and the assets of the SPV are not intended to be available to satisfy any obligations of the Borrower hereunder.
Lender Acknowledgement. The Lender acknowledges that each of Gxxxx Capital BDC 2010-1 LLC (the “2010 Issuer”), Gxxxx Capital BDC CLO 2014 LLC (the “2014 Issuer”), Gxxxx Capital BDC Funding LLC (“Funding”), and Gxxxx Capital BDC Revolver Funding,
Lender Acknowledgement. (a) Lender acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security arrangements for the financing of the Tenant Facilities (as defined in the Lease, hereinafter the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities) and may enter into sale/leaseback or other similar arrangements with Affiliates (as defined in the Lease) of Tenant who may become sub-tenants with respect to certain of the Sites and may install items equivalent to the Tenant Facilities (as defined in the Lease) at such Sites, which in turn may be subject to financing and security agreement terms similar to those applicable to Tenant (such items collectively, "Affiliate Collateral"). In connection therewith, Lender (i) consents to the installation of the Collateral and the Affiliate Collateral; (ii) disclaims any interest in the Collateral and the Affiliate Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral and the Affiliate Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent (as defined in the Lease) due or to become due, and that such Collateral and Affiliate Collateral may be removed by Tenant or its Affiliates, as appropriate, at any time without recourse to legal proceedings, subject to the terms of the Lease.
(b) Lender further acknowledges that Tenant has assigned its rights in and to the Collateral and under the Lease as collateral security for the aforesaid financing arrangements, and may in the future enter into additional financing arrangements.
Lender Acknowledgement. Each Lender acknowledges that each of the Closing Date Agents are Permitted Holders and that the Permitted Holders own, directly or indirectly, a majority of the Equity Interests in the Credit Parties and that the Permitted Holders (including the Closing Date Agents) may make loans to, issue letters of credit for the account of, accept deposits from, acquire additional Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with each of the Credit Parties and their respective Affiliates as though the Closing Date Agents were not the Administrative Agent or the Collateral Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Permitted Holders (including the Closing Date Agents) and their Affiliates may receive information regarding any Credit Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Party or such Affiliate) and acknowledge that the Closing Date Agents (and any other Permitted Holder) shall be under no obligation to provide such information to them. With respect to Loans held by any Permitted Holder, such Permitted Holder shall have the same rights and powers under this Agreement as any other Lender.
Lender Acknowledgement. Subject to the occurrence of the Effective Time, the Lenders hereby acknowledge and agree, effective as of the Effective Time that Fifth Third shall receive all the benefits of Section 9 of the Existing Credit Agreement, that Fifth Third has not reviewed any Credit Document with any purpose other than with the purpose of assuming the role of Administrative Agent and that the knowledge of GSCP, in its capacity as Administrative Agent prior to the Effective Time, shall not be imputed to Fifth Third.
