Public Lenders. The Company hereby acknowledges that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Company Materials”) by posting the Company Materials on Debt Domain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Company or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Company hereby agrees that (w) all Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Materials “PUBLIC,” the Company shall be deemed to have authorized the Administrative Agent, the Arranger and the Banks to treat such Company Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Company Materials constitute confidential information, they shall be treated as set forth in Section 10.13); (y) all Company Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Side Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Company Materials “PUBLIC.”
Appears in 2 contracts
Samples: Bridge Loan Agreement (Conagra Foods Inc /De/), Term Loan Agreement (Conagra Foods Inc /De/)
Public Lenders. Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Company Platform is provided “as is” and “as available.” The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, the “Company Borrower Materials”) by posting the Company Borrower Materials on Debt Domain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) Platform and (b) certain of the Banks Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Company Borrower hereby agrees that (w) all Company Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Arranger Agent and the Banks Lenders to treat such Company Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal federal and state securities laws (provided, however, that to the extent such Company Borrower Materials constitute confidential informationConfidential Information, they shall be treated as set forth in Section 10.1312.17); (y) all Company Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Side InformationInvestor;” and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated marked as “Public Side InformationInvestor.” Notwithstanding the foregoing, the Company following Borrower Materials shall be under no obligation deemed to xxxx any Company Materials have been marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents, (2) notification of changes in the terms of the credit facility hereunder and (3) any financial statements and compliance certificates delivered by the Borrower pursuant to Section 8.01(a), (b), (c) or (d) hereof.”
Appears in 2 contracts
Samples: Credit Agreement (PARETEUM Corp), Credit Agreement (Elephant Talk Communications Corp)
Public Lenders. Each Credit Party agrees that Administrative Agent may, but shall not be obligated to, make the Communications available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Company Platform is provided “as is” and “as available.” Each Credit Party hereby acknowledges that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, make available to the Banks Lenders materials and/or or information provided by or on behalf of the Company such Credit Party hereunder (collectively, the “Company Credit Party Materials”) by posting the Company Credit Party Materials on Debt Domain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) Platform and (b) certain of the Banks Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Company any Credit Party or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Company Each Credit Party hereby agrees that (w) all Company Credit Party Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Credit Party Materials “PUBLIC,” the Company each Credit Party shall be deemed to have authorized the Administrative Agent, the Arranger Agent and the Banks Lenders to treat such Company Credit Party Materials as not containing any material non-public information with respect to the Company such Credit Party or its securities for purposes of United States Federal federal and state securities laws and Canadian securities laws (provided, however, that to the extent such Company Credit Party Materials constitute confidential informationConfidential Information, they shall be treated as set forth in Section 10.1312.16); (y) all Company Credit Party Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Side InformationInvestor;” and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Credit Party Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated marked as “Public Side InformationInvestor.” Notwithstanding the foregoing, the Company following Credit Party Materials shall be under no obligation deemed to xxxx any Company Materials have been marked “PUBLIC”, unless Parent notifies Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents, (2) notification of changes in the terms of the credit facility hereunder and (3) any financial statements and compliance certificates delivered by any Credit Party pursuant to Section 8.01(a), 8.01(b) or 8.01(c).”
Appears in 2 contracts
Samples: Credit Agreement and Security Agreements (TerrAscend Corp.), Credit Agreement and Security Agreements (TerrAscend Corp.)
Public Lenders. The Company Borrowers hereby acknowledges acknowledge that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, will make available to the Lenders and the Issuing Banks materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Company Borrower Materials”) by posting the Company Borrower Materials on Debt Domain, IntraLinks, Syndtrak IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Company Borrowers or its Affiliatestheir respective securities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Company Borrowers hereby agrees agree that (w) all Company Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Administrative Agent, the Arranger Arranger, the Issuing Banks and the Banks Lenders to treat such Company Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrowers or its their respective securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Company Materials constitute confidential information, they shall be treated as set forth in Section 10.13)laws; (y) all Company Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side InformationInvestor;” and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Side Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Company Materials “PUBLICInvestor.”
Appears in 2 contracts
Samples: Credit Agreement (Dennys Corp), Credit Agreement (Dennys Corp)
Public Lenders. Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Company Platform is provided “as is” and “as available.” Borrower hereby acknowledges that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, the “Company Borrower Materials”) by posting the Company Borrower Materials on Debt Domain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) Platform and (b) certain of the Banks Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Company Borrower hereby agrees that (w) all Company Borrower Materials that are to be made available to Public Lenders by the Administrative Agent through the Platform shall be clearly and conspicuously marked “PUBLIC” by the Borrower which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Arranger Agent and the Banks Lenders to treat such Company Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal federal and state securities laws and Canadian securities laws (provided, however, that to the extent such Company Borrower Materials constitute confidential informationConfidential Information, they shall be treated as set forth in Section 10.1312.16); (y) all Company Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Side InformationInvestor;” and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated marked as “Public Side InformationInvestor.” Notwithstanding the foregoing, the Company following Borrower Materials shall be under no obligation deemed to xxxx any Company Materials have been marked “PUBLIC”, unless Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) any financial statements delivered by Borrower pursuant to Section 8.01(a), (b) or (c) hereof.”
Appears in 2 contracts
Samples: Credit Agreement (Verano Holdings Corp.), Credit Agreement (Verano Holdings Corp.)
Public Lenders. The Company Borrower hereby acknowledges that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Company Borrower Materials”) by posting the Company Borrower Materials on Debt Domain, IntraLinks, Syndtrak IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its AffiliatesSubsidiaries, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Company Borrower hereby agrees that (w) all Company Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Arranger and the Banks Lenders to treat such Company Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Company Borrower Materials constitute confidential informationInformation, they shall be treated as set forth in Section 10.139.19); (y) all Company Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” ”; and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Side Information”.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Company Materials “PUBLIC.”
Appears in 1 contract
Public Lenders. The Company Borrowers hereby acknowledges acknowledge that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, Arrangers will make available to the Banks Lenders and the Issuing Bank materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Company "Borrower Materials”") by posting the Company Borrower Materials on Debt Domain, IntraLinks, Syndtrak IntraLinks or another similar electronic system (the “"Platform”") and (b) certain of the Banks Lenders may be "public-side" Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Company Borrowers or its Affiliatestheir respective securities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa "Public Lender"). The Company Borrowers hereby agrees agree that (w) all Company Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “"PUBLIC” " which, at a minimum, shall mean that the word “"PUBLIC” " shall appear prominently on the first page thereof; (x) by marking Company Borrower Materials “"PUBLIC,” " the Company Borrowers shall be deemed to have authorized the Administrative Agent, the Arranger Arrangers, the Issuing Bank and the Banks Lenders to treat such Company Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrowers or its their respective securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Company Materials constitute confidential information, they shall be treated as set forth in Section 10.13)laws; (y) all Company Borrower Materials marked “"PUBLIC” " are permitted to be made available through a portion of the Platform designated “"Public Side InformationInvestor;” " and (z) the Administrative Agent and the Arranger Arrangers shall be entitled to treat any Company Borrower Materials that are not marked “"PUBLIC” " as being suitable only for posting on a portion of the Platform not designated “"Public Side InformationInvestor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Company Materials “PUBLIC.”"
Appears in 1 contract
Samples: Credit Agreement (Dennys Corp)
Public Lenders. Each Credit Party agrees that Administrative Agent may, but shall not be obligated to, make the Communications available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Company Platform is provided “as is” and “as available.” Each Borrower hereby acknowledges that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, make available to the Banks Lenders materials and/or or information provided by or on behalf of the Company Borrowers hereunder (collectively, the “Company Borrower Materials”) by posting the Company Borrower Materials on Debt Domain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) Platform and (b) certain of the Banks Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Company any Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Company each Borrower hereby agrees that (w) all Company Borrower Materials that are to be made available to Public Lenders by Administrative Agent through the Platform shall be clearly and conspicuously marked “PUBLIC” by Borrowers which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Administrative Agent, the Arranger Agent and the Banks Lenders to treat such Company Borrower Materials as not containing any material non-public information with respect to the Company any Borrower or its securities for purposes of United States Federal federal and state securities laws and Canadian securities laws (provided, however, that to the extent such Company Borrower Materials constitute confidential informationConfidential Information, they shall be treated as set forth in Section 10.1312.16); (y) all Company Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Side InformationInvestor;” and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated marked as “Public Side InformationInvestor.” Notwithstanding the foregoing, the Company following Borrower Materials shall be under no obligation deemed to xxxx any Company Materials have been marked “PUBLIC”, unless Parent notifies Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) any financial statements delivered by Borrowers pursuant to Section 8.01(a) or 8.01(b).”
Appears in 1 contract
Public Lenders. Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Company Platform is provided “as is” and “as available.” The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, the “Company Borrower Materials”) by posting the Company Borrower Materials on Debt Domain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) Platform and (b) certain of the Banks Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its Affiliatessecurities) (each, or a “Public Lender”). the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Company Borrower hereby agrees that (w) all Company Borrower Materials that are to be made available to Public Lenders by the Administrative Agent through the Platform shall be clearly and conspicuously marked “PUBLIC” by the Borrower which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Arranger Agent and the Banks Lenders to treat such Company Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal federal and state securities laws and Canadian securities laws (provided, however, that to the extent such Company Borrower Materials constitute confidential informationConfidential Information, they shall be treated as set forth in Section 10.1312.16); (y) all Company Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Side InformationInvestor;” and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated marked as “Public Side InformationInvestor.” Notwithstanding the foregoing, the Company following Borrower Materials shall be under no obligation deemed to xxxx any Company Materials have been marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) any financial statements delivered by the Borrower pursuant to Section 8.01(a) or 8.01(b).”
Appears in 1 contract
Public Lenders. The Company hereby acknowledges that (a) the Administrative Agent and/or the Arranger may, but shall not be obligated to, will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company hereunder (collectively, “Company Materials”) by posting the Company Materials on Debt Domain, IntraLinks, Syndtrak SyndTrak Online or another similar electronic system (the “Platform”) and (b) certain of the Banks Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Company Credit Parties or its Affiliatestheir securities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Company hereby agrees that upon request by Administrative Agent it will use commercially reasonable efforts to identify that portion of the Company Materials that may be distributed to the Public Lenders and that (w) all such Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Company Materials “PUBLIC,” the Company shall be deemed to have authorized the Administrative Agent, the Arranger Agent and the Banks Lenders to treat such Company Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Credit Parties or its their securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Company Materials constitute confidential information, they shall be treated as set forth in Section 10.13)laws; (y) all Company Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side InformationInvestor;” and (z) the Administrative Agent and the Arranger shall be entitled to treat any Company Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Side Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Company Materials “PUBLICInvestor.”
Appears in 1 contract