Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the Borrowers' account, including the Revolving Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and attorney's fees which the Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrower. The Borrowers will be credited in accordance with Section 2.4(b)(ii)(B) above, with all amounts received by the Lenders from the Borrowers or from others for the Borrowers' account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' contracts or obligations relating to the Accounts.
Appears in 3 contracts
Samples: Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Fresh Foods Inc)
Maintenance of Account. The Each Agent shall maintain an account on its books in the name of the U.S. Borrowers or the Canadian Borrowers, as applicable, in which the such Borrowers will be charged with all loans and advances made by the applicable Lenders to the such Borrowers or for the such Borrowers' account, including the Revolving Loans, the Letter of Credit LOC Obligations, the BA Obligations and any other Obligations, including any and all costs, expenses and attorney's fees which the Agent Agents may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent Agents (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower Borrower, any other Credit Party or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrower. The Borrowers will be credited in accordance with Section 2.4(b)(ii)(B) 3.1 or 3.2 above, as applicable, with all amounts received by the Lenders from the Borrowers or from others for the Borrowers' account, including, as above set forth, all amounts received by the Agent Agents in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the an Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent Agents shall have no obligation whatsoever to perform in any respect any of the BorrowersCredit Parties' contracts or obligations relating to the Accounts.
Appears in 2 contracts
Samples: Credit Agreement (Wolverine Tube Inc), Credit Agreement (Cott Corp /Cn/)
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers in which the such Borrowers will be charged with all loans and advances made by the applicable Lenders to the such Borrowers or for the such Borrowers' account, including the Revolving Loans, the Letter of Credit Obligations LOC Obligations, and any other Obligations, including any and all costs, expenses and attorney's fees which the Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower Borrower, any other Credit Party or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrower. The Borrowers will be credited in accordance with Section 2.4(b)(ii)(B) 3.1 or 3.2 above, as applicable, with all amounts received by the Lenders from the Borrowers or from others for the Borrowers' account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the BorrowersCredit Parties' contracts or obligations relating to the Accounts.
Appears in 2 contracts
Samples: Credit Agreement (Wolverine Tube Inc), Pledge Agreement (Wolverine Tube Inc)
Maintenance of Account. The Agent shall maintain an account on ---------------------- its books in the name of the Borrowers Borrower (the "Loan Account") and in which the Borrowers ------------ Borrower will be charged with all loans and advances made by the Lenders to the Borrowers Borrower or for the Borrowers' Borrower's account, including the Revolving Loans, the Letter of Credit Obligations, the Acceptance Obligations and with any other Obligations, including any and all interest, Fees, costs, expenses and attorney's fees which the Agent may incur, including, without limitation, incur in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any the Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement Agreement, the Case, the Orders or the Accounts, or any Obligations owing to the Lenders by any Borrower. The Borrowers Borrower will be credited in accordance with Section 2.4(b)(ii)(B) above, with all amounts received by the Lenders from the Borrowers Borrower or from others for the Borrowers' Borrower's account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' Borrower's contracts or obligations relating to the Accounts.
Appears in 1 contract
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the Borrowers' account, including the Revolving Loans, the Term Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and reasonable attorney's fees which the Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower the Borrowers or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrowerthe Borrowers. The Borrowers will be credited in accordance with Section 2.4(b)(ii)(B2.4(b) above, with all amounts received by the Lenders from the Borrowers or from others for the Borrowers' account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' contracts or obligations relating to the Accounts.
Appears in 1 contract
Maintenance of Account. The Agent shall maintain an account on its ---------------------- books in the name of the Borrowers Borrower (the "Loan Account") and in which the Borrowers Borrower will be charged with all loans and advances made by the Lenders to the Borrowers Borrower or for the Borrowers' Borrower's account, including the Revolving Loans, the Letter of Credit Obligations, the Foreign Exchange Obligations, the Acceptance Obligations and with any other Obligations, including any and all interest, Fees, costs, expenses and attorney's fees which the Agent may incur, including, without limitation, incur in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any the Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrower. The Borrowers Borrower will be credited in accordance with Section 2.4(b)(ii)(B) above, with all amounts received by the Lenders from the Borrowers Borrower or from others for the Borrowers' Borrower's account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' Borrower's contracts or obligations relating to the Accounts.
Appears in 1 contract
Samples: Credit Agreement (Converse Inc)
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers in which each of the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers such Borrower or for the Borrowers' such Borrower's account, including the Revolving Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and reasonable attorney's fees actually incurred which the Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrower. The Borrowers will be credited in accordance with Section 2.4(b)(ii)(B2.4(b)(ii)(C) above, with all amounts received by the Lenders from the Borrowers or from others for the Borrowers' account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' contracts or obligations relating to the Accounts.
Appears in 1 contract
Maintenance of Account. The Administrative Agent shall maintain an account on its books in the name of the Borrowers in which the Borrowers will be charged with all loans Loans and advances made by the Lenders to the Borrowers or for the Borrowers' account, including the Revolving Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and attorney's fees which the Administrative Agent may incur, including, without limitation, including in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Administrative Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower Borrowers or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrowerthe Borrowers. The Borrowers will be credited in accordance with Section 2.4(b)(ii)(B2.3(b)(ii)(B) above, with all amounts received by the Lenders from the Borrowers Borrowers' or from others for the Borrowers' account, including, as above set forth, all amounts received by the Administrative Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Administrative Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Administrative Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' contracts or obligations relating to the Accounts.
Appears in 1 contract
Samples: Credit Agreement (Industrial Distribution Group Inc)
Maintenance of Account. The Administrative Agent shall maintain an account on its books in the name of the Borrowers Borrower in which the Borrowers Borrower will be charged with all loans Loans and advances made by the Lenders to the Borrowers Borrower or for the Borrowers' Borrower's account, including the Revolving Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and attorney's fees which the Administrative Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Administrative Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any the Borrower. The Borrowers Borrower will be credited in accordance with Section 2.4(b)(ii)(B2.3(b)(ii)(B) above, with all amounts received by the Lenders from the Borrowers Borrower's or from others for the Borrowers' Borrower's account, including, as above set forth, all amounts received by the Administrative Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Administrative Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Administrative Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' Borrower's contracts or obligations relating to the Accounts.
Appears in 1 contract
Samples: Credit Agreement (Industrial Distribution Group Inc)
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the Borrowers' ’ account, including the Revolving Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and reasonable attorney's ’s fees which the Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrower. The Borrowers will be credited in accordance with Section 2.4(b)(ii)(B) above, with all amounts received by the Lenders from the Borrowers or from others for the Borrowers' ’ account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's ’s right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' ’ contracts or obligations relating to the Accounts.
Appears in 1 contract
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers Borrower in which the Borrowers Borrower will be charged with all loans and advances made by the Lenders to the Borrowers Borrower or for the Borrowers' Borrower's account, including the Revolving Loans, the Swing Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and attorney's fees which the Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any the Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any the Borrower. The Borrowers Borrower will be credited in accordance with Section 2.4(b)(ii)(B2.3(b)(ii) above, with all amounts received by the Lenders from the Borrowers Borrower or from others for the Borrowers' Borrower's account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' Borrower's contracts or obligations relating to the Accounts.
Appears in 1 contract
Samples: Transmontaigne Inc
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers Borrower in which the Borrowers Borrower will be charged with all loans and advances made by the Lenders to the Borrowers Borrower or for the Borrowers' Borrower's account, including the Revolving Loans, the Letter of Credit Obligations and with any other Obligations, including any and all costs, expenses and attorney's fees which the Agent may incur, including, without limitation, incur in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any the Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Agent or the Lenders by any the Borrower. The Borrowers Borrower will be credited credited, in accordance with Section 2.4(b)(ii)(B) 3.5 above, with all amounts received by the Agent or the Lenders from the Borrowers Borrower or from others for the Borrowers' Borrower's account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' Borrower's contracts or obligations relating to the Accounts.
Appears in 1 contract
Samples: Credit Agreement (Di Giorgio Corp)
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers Borrower in which the Borrowers Borrower will be charged with all loans and advances made by the Lenders to the Borrowers Borrower or for the Borrowers' Borrower’s account, including the Revolving Loans, the Swing Loans, the Term Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and attorney's ’s fees which the Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any the Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any the Borrower. The Borrowers Borrower will be credited in accordance with Section 2.4(b)(ii)(B) above, with all amounts received by the Lenders from the Borrowers Borrower or from others for the Borrowers' Borrower’s account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's ’s right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' Borrower’s contracts or obligations relating to the Accounts.
Appears in 1 contract
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers Borrower in which the Borrowers Borrower will be charged with all loans and advances made by the Lenders to the Borrowers Borrower or for the Borrowers' Borrower’s account, including the Revolving Loans, the Swing Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and attorney's ’s fees which the Agent may incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any the Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any the Borrower. The Borrowers Borrower will be credited in accordance with Section 2.4(b)(ii)(B2.3(b)(ii) above, with all amounts received by the Lenders from the Borrowers Borrower or from others for the Borrowers' Borrower’s account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's ’s right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' Borrower’s contracts or obligations relating to the Accounts.
Appears in 1 contract
Maintenance of Account. The Agent shall maintain an account on its books in the name of the Borrowers each Borrower in which the Borrowers such Borrower will be charged with all loans and advances made by the Lenders to the Borrowers such Borrower or for the Borrowers' such Borrower's account, including the such Borrower's Revolving Loans, the Letter of Credit Obligations and any other Obligations, including any and all costs, expenses and attorney's fees which the Agent may actually incur, including, without limitation, in connection with the exercise by or for the Lenders of any of the rights or powers herein conferred upon the Agent (other than in connection with any assignments or participations by any Lender) or in the prosecution or defense of any action or proceeding by or against any Borrower or the Lenders concerning any matter arising out of, connected with, or relating to this Credit Agreement or the Accounts, or any Obligations owing to the Lenders by any Borrower. The Borrowers will be credited in accordance with Section 2.4(b)(ii)(B2.3(b)(ii) above, with all amounts received by the Lenders from the Borrowers or from others for the Borrowers' account, including, as above set forth, all amounts received by the Agent in payment of Accounts. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Agent's right to demand payment of any Obligation upon its maturity. Further, it is understood that the Agent shall have no obligation whatsoever to perform in any respect any of the Borrowers' contracts or obligations relating to the Accounts.
Appears in 1 contract