Parallel Liability. (a) Each Loan Party irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time). (b) The parties hereto agree: (i) a Loan Party’s Parallel Liability is due and payable at the same time as, for the same amount of and in the same currency as its Corresponding Liabilities; (ii) a Loan Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; (iii) a Loan Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Party to the Collateral Agent (even though that Loan Party may owe more than one Corresponding Liability to the Secured Parties under the Loan Documents) and an independent and separate claim of the Collateral Agent to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and (iv) for purposes of this Section 9.17, the Collateral Agent acts in its own name and not as agent, representative or trustee of the Secured Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Parallel Liability on trust.
Appears in 3 contracts
Samples: Third Amendment (Broadcom LTD), Second Amendment (Broadcom Cayman L.P.), Credit Agreement (Avago Technologies LTD)
Parallel Liability. (a) Each Loan Party irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).
(b) The parties hereto agreeSecured Parties and each Loan Party agree that: (i) a each Loan Party’s Parallel Liability is due and payable at the same time astime, for in the same amount of and in the same currency as its Corresponding Liabilities; (ii) a each Loan Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; (iii) a each Loan Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that a Loan Party to the Collateral Agent (even though that such Loan Party may owe more than one Corresponding Liability to the Secured Parties under the Loan Documents) and an independent and separate claim of the Collateral Agent Agent, to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and (iv) for purposes of under this Section 9.1710.26, the Xxxxxxx, in its capacity as Collateral Agent Agent, acts in its own name and not as agent, representative or trustee of the Secured Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Parallel Liability on trust.
Appears in 1 contract
Samples: Credit Agreement (Atotech LTD)
Parallel Liability. (a) Each Loan Party irrevocably and unconditionally undertakes to pay to the Administrative Agent in its capacity as Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).
(b) The parties hereto agreeAgents, each Lender (including L/C Issuer) and each Loan Party agree that: (i) a each Loan Party’s Parallel Liability is due and payable at the same time astime, for in the same amount of and in the same currency as its Corresponding Liabilities; (ii) a each Loan Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; (iii) a each Loan Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that a Loan Party to the Collateral Agent Administrative Agent, in its capacity as collateral agent (even though that such Loan Party may owe more than one Corresponding Liability to the Secured Parties under the Loan Documents) and an independent and separate claim of the Administrative Agent, in its capacity as Collateral Agent Agent, to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and (iv) for purposes of under this Section 9.1710.26, the Barclays Bank PLC, in its capacity as Collateral Agent Agent, acts in its own name and not as agent, representative or trustee of the Secured Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Dutch Parallel Liability on trust.
Appears in 1 contract
Samples: Credit Agreement (Atotech LTD)
Parallel Liability. (a) Each Loan Party irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).
(b) The parties hereto agreeSecured Parties and each Loan Party agree that: (i) a each Loan Party’s Parallel Liability is due and payable at the same time astime, for in the same amount of and in the same currency as its Corresponding Liabilities; (ii) a each Loan Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; (iii) a each Loan Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that a Loan Party to the Collateral Agent (even though that such Loan Party may owe more than one Corresponding Liability to the Secured Parties under the Loan Documents) and an independent and separate claim of the Collateral Agent Agent, to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and (iv) for purposes of under this Section 9.1710.26, the UBS, in its capacity as Collateral Agent Agent, acts in its own name and not as agent, representative or trustee of the Secured Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Parallel Liability on trust.
Appears in 1 contract
Parallel Liability. (a) Each Loan Credit Party, other than any Credit Party incorporated in Sweden (a “Non-Swedish Credit Party”) irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).
(b) The parties hereto agree: Parties agree that:
(i) a Loan Non-Swedish Credit Party’s 's Parallel Liability is due and payable at the same time as, for the same amount of and in the same currency as its Corresponding Liabilities; ;
(ii) a Loan Non-Swedish Credit Party’s 's Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; ;
(iii) a Loan Non-Swedish Credit Party’s 's Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Non-Swedish Credit Party to the Collateral Agent (even though that Loan Non-Swedish Credit Party may owe more than one Corresponding Liability to the Secured Lender Parties under the Loan Credit Documents) and an independent and separate claim of the Collateral Agent to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and and
(iv) for purposes of this Section 9.1710.22, the Collateral Agent acts in its own name and not as agent, representative or trustee of the Secured Lender Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Parallel Liability on trust.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Concordia International Corp.)
Parallel Liability. (a) Each Loan Credit Party, other than any Credit Party incorporated in Sweden (a “Non-Swedish Credit Party”) irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).
(b) The parties hereto agree: Parties agree that:
(i) a Loan Non-Swedish Credit Party’s Parallel Liability is due and payable at the same time as, for the same amount of and in the same currency as its Corresponding Liabilities; ;
(ii) a Loan Non-Swedish Credit Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; ;
(iii) a Loan Non-Swedish Credit Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Non-Swedish Credit Party to the Collateral Agent (even though that Loan Non-Swedish Credit Party may owe more than one Corresponding Liability to the Secured Lender Parties under the Loan Credit Documents) and an independent and separate claim of the Collateral Agent to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and and
(iv) for purposes of this Section 9.1710.22, the Collateral Agent acts in its own name and not as agent, representative or trustee of the Secured Lender Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Parallel Liability on trust.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Concordia Healthcare Corp.)
Parallel Liability. (a) Each Loan Party irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to to, but not in addition to, the aggregate amount of its Corresponding Liabilities (as these may exist from time to time). The payment undertakings of each Loan Party under this Section 9.12 are each referred to as a “Parallel Liability”.
(b) The Each of the parties hereto agree: agree that:
(i) a Loan Party’s Parallel Liability is due and payable at the same time as, for the same amount of and in the same currency as as, its Corresponding Liabilities; ;
(ii) a Loan Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged discharged, and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; ;
(iii) a Loan Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Party to the Collateral Agent (even though that Loan Party may owe more than one Corresponding Liability to the Secured Parties under the Loan Documents) Agent, and an independent and separate claim of the Collateral Agent to receive payment of that Parallel Liability (in its capacity as the an independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and ;
(iv) for purposes of this Section 9.179.12, the Collateral Agent acts in its own name and not as agent, representative or trustee of the Secured Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral Liens securing a Parallel Liability on trust;
(v) for purposes of the Loan Documents governed by Dutch law, any resignation by the Collateral Agent is not effective with respect to its rights under the Parallel Liabilities until all rights and obligations under the Parallel Liabilities have been assigned to and assumed by the successor agent appointed in accordance with Section 9.06 of this Agreement; and
(vi) the Administrative Agent (acting at the instructions of the Required Lenders) will reasonably cooperate in assigning its rights and obligations under the Parallel Liabilities to a successor agent in accordance with Section 9.06 of this Agreement and will reasonably cooperate in transferring all rights and obligations under any Loan Document governed by Dutch law to such successor agent. All other Loan Parties hereby, in advance, irrevocably grant their cooperation (medewerking) to the transfer of all rights and obligations by the Administrative Agent to a successor agent in accordance with Section 9.06 of this Agreement. All amounts received or recovered by the Collateral Agent in connection with this Section 9.12, to the extent permitted by Applicable Law, shall be subject to Sections 2.09 and 2.10.
Appears in 1 contract
Parallel Liability. (a) Each Loan Party Guarantor hereby irrevocably and unconditionally undertakes to pay to the Collateral Administrative Agent an amount equal to the aggregate amount of its Corresponding Liabilities (Liabilities, as these they may exist from time to time).
(b) The parties hereto agree: agree that:
(i) a Loan PartyGuarantor’s Parallel Liability is shall be due and payable at the same time as, for the same amount of as and in the same currency as its Corresponding Liabilities; Liabilities become due and payable;
(ii) a Loan PartyGuarantor’s Parallel Liability is shall be decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged discharged, and its Corresponding Liabilities are shall be decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; ;
(iii) a Loan PartyGuarantor’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Party such Guarantor to the Collateral Administrative Agent (even though that Loan Party such Guarantor may owe more than one Corresponding Liability to the Secured Parties Lenders, the Issuing Banks or other Persons under the Loan Documents) and an independent and separate claim of the Collateral Administrative Agent to receive payment of that such Parallel Liability (in its capacity as the independent and separate creditor of that such Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and and
(iv) for purposes of this Section 9.17Section, the Collateral Administrative Agent acts in its own name and not as agent, representative or trustee of the Lenders, the Issuing Banks or any other Secured Parties Party, and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral Lien securing a Parallel Liability on trust.
(c) For purposes of this Section:
Appears in 1 contract
Samples: Credit Agreement (GoPro, Inc.)
Parallel Liability. (a) Each Loan Party irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).
(b) . The parties hereto agree: agree that (ia) a Loan Party’s Parallel Liability is due and payable at the same time as, for the same amount of and in the same currency as its Corresponding Liabilities; , (iib) a Loan Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; , (iiic) a Loan Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Party to the Collateral Agent (even though that Loan Party may owe more than one Corresponding Liability to the Secured Loan Parties under the Loan Documents) and an independent and separate claim of the Collateral Agent to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and (ivd) solely for purposes of this Section 9.1710.22, the Collateral Agent acts as creditor in its own name right and not as agent, agent or representative of any other Senior Credit Party or trustee of the Secured Parties any other Person and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Parallel Liability on trust.
Appears in 1 contract
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Libbey Inc)
Parallel Liability. (a) Each Loan Party irrevocably and unconditionally undertakes to pay to the Collateral Administrative Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).
(ba) The parties hereto agree: (i) a Loan Party’s Parallel Liability is due and payable at the same time as, for the same amount of and in the same currency as its Corresponding Liabilities; (ii) a Loan Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; (iii) a Loan Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Party to the Collateral Administrative Agent (even though that Loan Party may owe more than one Corresponding Liability to the Secured Parties under the Loan Documents) and an independent and separate claim of the Collateral Administrative Agent to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and (iv) for purposes of this Section 9.175.14, the Collateral Administrative Agent acts in its own name and not as agent, representative or trustee of the Secured Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Parallel Liability on trust.
Appears in 1 contract
Samples: Third Amendment (Broadcom LTD)
Parallel Liability. (a) a. Each Loan Credit Party irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).
(b) b. The parties hereto agree: (i) agree that:
i. a Loan Credit Party’s 's Parallel Liability is due and payable at the same time as, for the same amount of and in the same currency as its Corresponding Liabilities; (;
ii) . a Loan Credit Party’s 's Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; (;
iii) . a Loan Credit Party’s 's Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Credit Party to the Collateral Agent (even though that Loan Credit Party may owe more than one Corresponding Liability to the Secured Parties under the Loan Documents) and an independent and separate claim of the Collateral Agent to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and (iv) for purposes of this Section 9.17, the Collateral Agent acts in its own name and not as agent, representative or trustee of the Secured Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral securing a Parallel Liability on trust.;
Appears in 1 contract
Samples: Loan Agreement (INSMED Inc)
Parallel Liability. (a) Each Loan Party irrevocably and unconditionally undertakes to pay to the Collateral Agent an amount equal to the aggregate amount of its Corresponding Liabilities (as these may exist from time to time).. The parties agree that:
(b) The parties hereto agree: (ia) a Loan Party’s Parallel Liability is due and payable at the same time as, for the same amount of and in the same currency as its Corresponding Liabilities; ;
(iib) a Loan Party’s Parallel Liability is decreased to the extent that its Corresponding Liabilities have been irrevocably paid or discharged and its Corresponding Liabilities are decreased to the extent that its Parallel Liability has been irrevocably paid or discharged; ;
(iiic) a Loan Party’s Parallel Liability is independent and separate from, and without prejudice to, its Corresponding Liabilities, and constitutes a single obligation of that Loan Party to the Collateral Agent (even though that Loan Party may owe more than one Corresponding Liability to the Secured Parties under the Loan Documents) and an independent and separate claim of the Collateral Agent to receive payment of that Parallel Liability (in its capacity as the independent and separate creditor of that Parallel Liability and not as a co-creditor in respect of the Corresponding Liabilities); and and
(ivd) for purposes of this Section 9.1710.27, the Collateral Agent acts in its own name and not as agent, representative or trustee of the Secured Parties and accordingly holds neither its claim resulting from a Parallel Liability nor any Collateral Document securing a Parallel Liability on trust.
Appears in 1 contract
Samples: Credit Agreement (Clear Channel Outdoor Holdings, Inc.)