Common use of Platform Clause in Contracts

Platform. (a) Each of the Borrowers and each other Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on the Platform; and (b) the Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan Party’s or the Administrative Agent’s transmission of Communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 6 contracts

Samples: Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.)

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Platform. (ai) Each of the Borrowers and each other Loan Party Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Party Borrower provides to the Agent pursuant to any Credit Document this Agreement or the transactions contemplated therein herein which is distributed to the Administrative Agent, Agent any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 5 contracts

Samples: 364 Day Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Party The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party the Borrower pursuant to any Credit Loan Document or the transactions contemplated therein herein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 4 contracts

Samples: 364 Day Term Loan Agreement (Becton Dickinson & Co), 364 Day Term Loan Agreement (Becton Dickinson & Co), 364 Day Term Loan Agreement (Becton Dickinson & Co)

Platform. (ai) Each of the The Borrowers and each other Loan Party agrees agree that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Party Borrower provides to the Agent pursuant to any Credit Document this Agreement or the transactions contemplated therein herein which is distributed by the Agent to the Administrative Agent, any Lender or the Issuing Bank by means of electronic communications pursuant to this SectionSection 9.02, including through the Platform.

Appears in 4 contracts

Samples: Credit Agreement (Corning Inc /Ny), Credit Agreement (Corning Inc /Ny), Credit Agreement (Corning Inc /Ny)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’any Borrower’s, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Credit Party provides to the Administrative Agent pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 4 contracts

Samples: Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Borrower or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Credit Party provides to the Administrative Agent pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 4 contracts

Samples: First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Second Lien Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)

Platform. (a) Each of the Borrowers and each other Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and (b) the ”). The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, as used in this Section, the “Agent Parties”) have any liability to any of the Borrowers or to any other Loan Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of Communications communications through the PlatformPlatform unless, and only in the case of direct, out-of-pocket losses, such direct, out-of-pocket losses are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of the Administrative Agent. “Communications” as used in this Section means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 4 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesCredit Party, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 3 contracts

Samples: Term Loan Agreement (DCP Midstream Partners, LP), Term Loan Agreement (DCP Midstream Partners, LP), Term Loan Agreement (DCP Midstream Partners, LP)

Platform. (a1) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Bank Lenders and the other Lenders by posting the Communications Borrower Materials on the Platform; and . (b2) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Internet (including, without limitation, the Platform. “Communications” means), collectivelyexcept to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided that in no event shall any notice, demand, communication, information, document or other material provided by or on behalf of Agent Party have any Loan Party pursuant liability to any Credit Document or the transactions contemplated therein which is distributed to the Administrative AgentParty, any Lender, the Issuing Lender or the Issuing Bank by means of electronic communications pursuant any other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Appears in 2 contracts

Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesCredit Party, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (Kronos Worldwide Inc), Credit Agreement (Kronos Worldwide Inc)

Platform. (a) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on the Platform; and (b) the . The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties Affiliates or the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of Agent or its Affiliates (collectively, the “Agent Parties”) have any liability to the Borrowers or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’any Borrower’s, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Document Financing Agreement or the transactions contemplated therein which is distributed to the Administrative Agent, any Lender or the Issuing Bank any L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Subordinated Term Loan and Security Agreement (Summit Healthcare REIT, Inc)

Platform. (ai) Each of the Borrowers and each other Loan Party Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party Borrower pursuant to any Credit Document this Agreement or the transactions contemplated therein herein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (Mirae Asset Discovery Funds), Credit Agreement (Mirae Asset Discovery Funds)

Platform. (ai) Each of the Borrowers and each other Loan Party The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party the Borrower pursuant to any Credit Document this Agreement or the transactions contemplated therein herein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: 364 Day Bridge Term Loan Agreement (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co)

Platform. (ai) Each of the Borrowers and each other Loan Party The Company agrees that the Administrative Agent Agents may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative any Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to Company, any other Loan PartiesGuarantor, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Company’s, any Loan PartyGuarantor’s or the Administrative any Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Company or any Loan Party Guarantor pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, any Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (CSRA Inc.), Credit Agreement (CSRA Inc.)

Platform. (a) Each of the Borrowers and each other Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank Lender and the other Lenders by posting the Communications on the Platform; and . (b) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Borrower or to any the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower or any Loan Party pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, any Lender or the any Issuing Bank Lender by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debtdomain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesCredit Party, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (MSP Recovery, Inc.), Credit Agreement (MSP Recovery, Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank Lender and the other Lenders by posting the Communications on the Platform; and Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system. (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesCredit Party, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Credit Party provides to the Administrative Agent pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, the Issuing Lender or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Macquarie Infrastructure CO LLC)

Platform. (ai) Each of the Borrowers and each other Loan Party The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on DebtDomain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party that the Borrower provides to the Agent pursuant to any Credit Document this Bridge Agreement or the transactions contemplated therein which is distributed by the Agent to the Administrative Agent, any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Senior Bridge Term Loan Credit Agreement (Eastman Chemical Co), Senior Bridge Term Loan Credit Agreement (Eastman Chemical Co)

Platform. (a1) Each of the Borrowers and each other Loan Party Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (b2) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties Affiliates (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan Partiesof their Subsidiaries, any Lender or any other Person or entity for damages of any kind, including, without limitation, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’any Borrower’s, any Loan PartySubsidiary’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by that a Borrower or on behalf of any Loan Party Subsidiary thereof provides to the Agent pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this SectionSection 16.19, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (Baytex Energy Corp.), Credit Facilities (Baytex Energy Corp.)

Platform. (a) Each of the Borrowers and each other Loan Party Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debtdomain, IntraLinks, SyndTrak or a substantially similar electronic transmission system (the Platform; and ”). (b) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties Affiliates (collectively, the “Agent Parties”) have any liability to the Borrowers a Borrower or to any other Loan Partiesof its Subsidiaries, any Lender or any other Person or entity person for damages of any kind, including, without limitation, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’applicable Borrower’s, any Loan PartySubsidiary’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by that the applicable Borrower or on behalf of any Loan Party Subsidiary thereof provides to the Agent pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this SectionSection 16.15, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (Kinder Morgan, Inc.), Credit Agreement (Kinder Morgan, Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Party Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent and its Related Parties (as defined belowcollectively, the “Agent Parties”) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Company or to any the other Loan PartiesBorrowers, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party Borrower pursuant to any Credit Document this Agreement or the transactions contemplated therein herein which is distributed to the Administrative Agent, any Lender or the any Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 2 contracts

Samples: Credit Agreement (Xerox Corp), Credit Agreement (Xerox Corp)

Platform. (ai) Each of the Borrowers and each other Loan Party The Company agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesCompany, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyCompany’s or the Administrative Agent’s transmission of Communications communications through the Platform, except to the extent resulting from the gross negligence or willful misconduct of an Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party that the Company provides to the Agent pursuant to any Credit Document this Agreement or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Jabil Inc)

Platform. (ai) Each of the Borrowers and each other Loan Party Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform, except to the extent resulting from the gross negligence or willful misconduct of an Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Party Borrower provides to the Agent pursuant to any Credit Document this Agreement or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Jabil Inc)

Platform. (ai) Each of the Borrowers and each other Loan Party The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party the Borrower pursuant to any Credit Document this Agreement or the transactions contemplated therein herein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: 364 Day Term Loan Agreement (Becton Dickinson & Co)

Platform. (a) a. Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank Lender, the Swing Line Lender and the other Lenders by posting the Communications on the Platform; and (b) the . b. The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Borrower or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s , any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Loan Document or the transactions contemplated therein which that is distributed to the Administrative Agent, any Lender, the Issuing Lender or the Issuing Bank Swing Line Lender by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit and Security Agreement (Bel Fuse Inc /Nj)

Platform. (ai) Each of the Borrowers and each other Loan Party The Company agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to Company, any other Loan PartiesGuarantor, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Company’s, any Loan PartyGuarantor’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Company or any Loan Party Guarantor pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Perspecta Inc.)

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Platform. (a1) Each of the Borrowers and each other Loan Party The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (b2) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party the Borrower pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this SectionSubsection 9.3, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Frontier Communications Corp)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, may make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Intralinks or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers BorrowerBorrowers or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowersBorrower’sBorrowers’, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, any Lender or the any Issuing Bank by means of electronic communications pursuant to this Section, including through the PlatformLender by.

Appears in 1 contract

Samples: Credit Agreement (CrossAmerica Partners LP)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Borrower or to any the other Loan Transaction Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan Transaction Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Transaction Party pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (ATN International, Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Party Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent and its Related Parties (as defined belowcollectively, the “Agent Parties”) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Company or to any the other Loan PartiesBorrowers, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party Borrower pursuant to any Credit Document this Agreement or the transactions contemplated therein herein which is distributed to the Administrative Agent, any Lender or the any Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.. NYDOCS01/1357750.4

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

Platform. (a) Each of the Borrowers and each other Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on the Platform; and (b) the Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan Party’s or the Administrative Agent’s transmission of Communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Lazydays Holdings, Inc.)

Platform. (a) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank Lender, the Swing Line Lender and the other Lenders by posting the Communications on the Platform; and . (b) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Borrower or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s , any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Loan Document or the transactions contemplated therein which that is distributed to the Administrative Agent, any Lender, the Issuing Lender or the Issuing Bank Swing Line Lender by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit and Security Agreement (Bel Fuse Inc /Nj)

Platform. (ai) Each of the Borrowers and each other Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Administrative Agent and its Related Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by Administrative Agent of any Agent Party of its Related Parties in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to Borrower or the Borrowers or to any other Loan Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of Communications communications through the Platform, unless as a result of the gross negligence or willful misconduct of the Administrative Agent or any of its Related Parties as determined by a court of competent jurisdiction by final non-appealable judgment. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this SectionSection 13.1, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Fiesta Restaurant Group, Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the "Platform; and "). (bii) the The Platform is provided "as is" and "as available.” The " Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the "Agent Parties") have any liability to the Borrowers or to any the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers', any Loan Party’s 's or the Administrative Agent’s 's transmission of Communications communications through the Platform. "Communications" means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, any Lender or the Issuing Bank any Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Auxilio Inc)

Platform. (ai) Each of the Borrowers and each other Loan Party The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission transmission, in accordance with the terms of Communications this Agreement, of communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party that the Borrower provides to the Agent pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Five Year Credit Agreement (SNAP-ON Inc)

Platform. (ai) Each of the Borrowers and each other Loan Party The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any Borrower, the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan other Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Aquaventure Holdings LLC)

Platform. (a) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank Lender, the Swing Line Lender and the other Lenders by posting the Communications on the Platform; and . (b) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’any Borrower’s, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform, other than liability arising from the gross negligence or willful misconduct (as determined by a final non-appealable judgment of a court of competent jurisdiction) of an Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Loan Document or the transactions contemplated therein which that is distributed to the Administrative Agent, any Lender, any Issuing Lender or the Issuing Bank any Swing Line Lender by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit and Security Agreement (DMC Global Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Neither Administrative Agent Parties (as defined below) do not warrant nor any of its Affiliates warrants the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Administrative Agent Party or any of its Affiliates in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) Affiliates have any liability to the Borrowers Borrower or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Pacific Drilling S.A.)

Platform. (ai) Each of the Borrowers and each other Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement non‑infringement of third-party third‑party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Borrower or to any the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (Cowen Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Party Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or to any other Loan PartiesBorrower, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’, any Loan PartyBorrower’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party Borrower pursuant to any Credit Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Credit Agreement (USMD Holdings, Inc.)

Platform. (ai) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the Platform; and ”). (bii) the The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-third- party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers Borrower or to any the other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Credit Party provides to the Administrative Agent pursuant to any Credit Document or the transactions contemplated therein which is distributed to the Administrative Agent, Agent or any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.)

Platform. (a) Each of the Borrowers and each other Loan Credit Party agrees that the Administrative Agent may, but shall not be obligated to, to make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on the Platform; and (b) the . The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties Affiliates or the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of Agent or its Affiliates (collectively, the “Agent Parties”) have any liability to Borrower or the Borrowers or to any other Loan Credit Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowers’Borrower’s, any Loan Credit Party’s or the Administrative Agent’s transmission of Communications communications through the Platform. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Credit Party pursuant to any Credit Document Financing Agreement or the transactions contemplated therein which is distributed to the Administrative Agent, any Lender or the Issuing Bank any L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Appears in 1 contract

Samples: Mezzanine Term Loan and Security Agreement (Summit Healthcare REIT, Inc)

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