Related Credit Arrangements. All obligations of any Loan Party under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary hereunder with respect to such Guaranteed Liabilities; provided, however, that such obligations shall cease to be Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations (including the release or modification of any Guarantors’ Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Beneficiary, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Piedmont Natural Gas Co Inc), Credit Agreement (Piedmont Natural Gas Co Inc), Credit Agreement (Piedmont Natural Gas Co Inc)
Related Credit Arrangements. All obligations of any Loan No Secured Party under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary hereunder with respect to such Guaranteed Liabilities; provided, however, (other than the Administrative Agent) that such obligations shall cease to be Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations (including the release release, impairment or modification of any Guarantors’ Guarantied Obligations or security therefor) other than in its capacity as a Lender and and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Guaranty to the contrary, the Administrative Agent shall only be required to verify the payment of, or that other satisfactory arrangement have been made with respect to, the Guarantied Obligations arising under any Related Credit Arrangement to the extent the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as it may request, from the applicable Cash Management Bank or Hedge Counterparty, as the case may be. Each Beneficiary Secured Party not a party to the Credit Agreement who that obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX Section 9 of the Credit Agreement.
Appears in 4 contracts
Samples: Company Guaranty (Hexcel Corp /De/), Subsidiary Guaranty (Hexcel Corp /De/), Subsidiary Guaranty (Hexcel Corp /De/)
Related Credit Arrangements. All obligations of any Loan Party under Related Credit Arrangements to which any No Lender or its Affiliates are a party shall be deemed to be Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary hereunder with respect to such Guaranteed Liabilities; provided, however, Group member (other than the Administrative Agent) that such obligations shall cease to be Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations (including the release release, impairment or modification of any Guarantors’ Guarantied Obligations or security therefor) other than in its capacity as a Lender and and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Guaranty to the contrary, the Administrative Agent shall only be required to verify the payment of, or that other satisfactory arrangement have been made with respect to, the Guarantied Obligations arising under any Related Credit Arrangement to the extent the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as it may request, from the applicable Cash Management Bank or Hedge Counterparty, as the case may be. Each Beneficiary Lender Group member not a party to the Credit Agreement who that obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiaryLender Group member, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX Section 9 of the Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Company Guaranty (Hexcel Corp /De/), Company Guaranty (Hexcel Corp /De/)
Related Credit Arrangements. All obligations of any Loan Party under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed Liabilities; provided, however, that such obligations shall cease to be Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “"Lender” " under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ ' Obligations (including the release or modification of any Guarantors’ ' Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (Barnes & Noble Inc), Guaranty Agreement (Main Street Restaurant Group, Inc.)
Related Credit Arrangements. All obligations of any Loan Credit Party under or in respect of Related Credit Arrangements to which any Lender or its Affiliates are any Affiliate of any Lender is a party party, shall be deemed to be Guaranteed LiabilitiesObligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement Arrangements shall be deemed to be a Beneficiary Secured Creditor hereunder with respect to such Guaranteed LiabilitiesObligations; provided, however, that such obligations shall cease to be Guaranteed Liabilities Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations Mortgaged Property (including the release or modification impairment of any Guarantors’ Obligations or security thereforMortgaged Property) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Creditor not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement Deed of Trust by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant Beneficiary to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent Beneficiary hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Creditor, the Administrative Agent Beneficiary and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX X of the Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Related Credit Arrangements. All obligations of any Loan Party under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed LiabilitiesLiabilities in accordance with Section 1, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed Liabilities; provided, however, that such obligations shall cease to be Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section and the definition of “Secured Parties” and “Guaranteed Liabilities” shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations (including the release or modification of any Guarantors’ Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section and the definition of “Secured Parties” and “Guaranteed Liabilities” shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Agent-Related Parties Person shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 2 contracts
Samples: Guaranty Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
Related Credit Arrangements. All obligations of any Loan Party each Grantor under or in respect of Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Guaranteed Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations Collateral (including the release or modification impairment of any Guarantors’ Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Security Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX X of the Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Related Credit Arrangements. All obligations of any Loan Party each Grantor under or in respect of Related Credit Arrangements to which any Lender or its Affiliates are is a party shall be deemed to be Guaranteed LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Guaranteed Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “"Lender” " under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations Collateral (including the release or modification impairment of any Guarantors’ Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Security Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 2 contracts
Samples: Security Agreement (Main Street Restaurant Group, Inc.), Security Agreement (Infocrossing Inc)
Related Credit Arrangements. All obligations of any Loan Party each Pledgor under or in respect of Related Credit Arrangements to which any Lender or its Affiliates are any Affiliate of any Lender is a party party, shall be deemed to be Guaranteed LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Guaranteed Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations Collateral (including the release or modification impairment of any Guarantors’ Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Pledge Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX X of the Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Related Credit Arrangements. All obligations of any Loan Party under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed Liabilities; provided, however, that such obligations shall cease to be Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations (including the release or modification of any Guarantors’ Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each Related Party of its Related Parties any of the foregoing shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 1 contract
Related Credit Arrangements. All obligations of any Loan Party under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed Liabilities; provided, however, that such obligations shall cease to be Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations (including the release or modification of any Guarantors’ Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Hologic Inc)
Related Credit Arrangements. All obligations of any Loan Party Designated Borrower under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed Liabilities; provided, however, that such obligations shall cease to be Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who that obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Guarantor's Obligations (including the release or modification of any Guarantors’ the Guarantor's Obligations or security therefor) other than in its capacity as the Administrative Agent, a Lender and or an L/C Issuer and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Guaranty Agreement to the contrary, the Administrative Agent shall only be required to verify the payment of, or that other satisfactory arrangement have been made with respect to, the Guaranteed Liabilities arising under Related Credit Arrangements to the extent the Administrative Agent has received written notice of such obligations, together with such supporting documentation as it may request, from the applicable Lender or Affiliate of Lender, as the case may be. Each Beneficiary Secured Party not a party to the Credit Agreement who that obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Stryker Corp)
Related Credit Arrangements. All obligations of any Loan Party the Pledgor under or in respect of Related Swap Contracts and Secured Cash Management Arrangements (which are not prohibited under the terms of the Revolving Credit Arrangements Agreement) to which any Lender or its Affiliates are any Affiliate of any Lender is a party party, shall be deemed to be Guaranteed LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Credit Swap Contract or Secured Cash Management Arrangement shall be deemed to be a Beneficiary Revolving Secured Party hereunder with respect to such Guaranteed LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Guaranteed Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Revolving Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations Collateral (including the release or modification impairment of any Guarantors’ Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Notwithstanding any other provisions of this Pledge Agreement to the contrary, the Administrative Agent shall only be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, the Secured Obligations arising under Related Swap Contracts or Secured Cash Management Arrangements to the extent the Administrative Agent has received written notice of such Obligations, together with such supportive documentation as it may request from the applicable Lender or Affiliate of a Lender. Each Beneficiary Revolving Secured Party not a party to the Revolving Credit Agreement who obtains the benefit of this Guaranty Pledge Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Revolving Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiaryRevolving Secured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Revolving Credit Agreement.
Appears in 1 contract
Related Credit Arrangements. All obligations of any Loan Party the Borrower under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed Borrower’s Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement Arrangements shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed Borrower’s Liabilities; provided, however, that such obligations shall cease to be Guaranteed Borrower’s Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations (including the release or modification of any Guarantors’ Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX X of the Credit Agreement.
Appears in 1 contract
Related Credit Arrangements. All obligations of any Loan Party each Pledgor under or in respect of Related Credit Arrangements (which are not prohibited under the terms of the Credit Agreement) to which any Lender or its Affiliates are any Affiliate of any Lender is a party party, shall be deemed to be Guaranteed LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Guaranteed Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “"Lender” " under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations Collateral (including the release or modification impairment of any Guarantors’ Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Pledge Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 1 contract
Related Credit Arrangements. All obligations of any Loan Party the Borrower under Related Credit Arrangements to which any Lender or its Affiliates are a party shall be deemed to be Guaranteed Borrower’s Liabilities, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement Arrangements shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed Borrower’s Liabilities; provided, however, that such obligations shall cease to be Guaranteed Borrower’s Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations (including the release or modification of any Guarantors’ Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each each–of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX X of the Credit Agreement.
Appears in 1 contract
Related Credit Arrangements. All obligations of any Loan Party each Grantor under or in respect of Related Credit Arrangements to which any Lender or its Affiliates are is a party shall be deemed to be Guaranteed LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Guaranteed Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations Collateral (including the release or modification impairment of any Guarantors’ Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Security Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 1 contract
Related Credit Arrangements. All obligations of any Loan Party each Pledgor under or in respect of Related Credit Arrangements (which are not prohibited under the terms of the Credit Agreement) to which any Lender or its Affiliates are any Affiliate of any Lender is a party party, shall be deemed to be Guaranteed LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Credit Arrangement shall be deemed to be a Beneficiary Secured Party hereunder with respect to such Guaranteed LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Guaranteed Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a “Lender” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors’ Obligations Collateral (including the release or modification impairment of any Guarantors’ Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Beneficiary Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Pledge Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such BeneficiarySecured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Appears in 1 contract