Rights of Banks. Subject to the provisions of Section 11.7 hereof, each of the Banks and their respective Affiliates, without having to account to the other Banks or any other Person, may accept other compensation from the Borrowers and their Affiliates and may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrowers and their Affiliates to the same extent and under the same circumstances as though the Loan Documents had not been entered into; provided, however, that no such transaction shall be, or cause any Borrower to be, in violation of any Loan Documents as at the time any such transaction shall take place.
Rights of Banks. 55 11.20 2000 Credit Agreement.........................................................................56 SCHEDULES AND EXHIBITS SCHEDULE 1 DISCLOSURE SCHEDULES SCHEDULE 2 APPLICABLE MARGINS, COMMITMENT FEE EXHIBIT A SUBSIDIARIES EXHIBIT B BANKS' LOAN COMMITMENTS AND PERCENTAGES EXHIBIT C NOTE EXHIBIT D BORROWING BASE CERTIFICATE EXHIBIT E SECURITY AGREEMENT EXHIBIT F PLEDGE AGREEMENT EXHIBIT G COMPLIANCE CERTIFICATE EXHIBIT H ACCOUNTS RECEIVABLE AGING REPORT EXHIBIT I QUARTERLY INVENTORY REPORT EXHIBIT J RESIDUALS REPORT Amended and Restated Credit Agreement This Amended and Restated Credit Agreement, dated as of January 19, 2001 (this "Agreement"), is entered into by and among ePlus inc., a Delaware corporation, each of its subsidiaries that are signatories hereto and named in Exhibit A attached hereto and such other entities that hereafter become a subsidiary and are added to Exhibit A (collectively, the "Borrowers" and individually, a "Borrower"), National City Bank, a national banking association, as administrative agent for the Banks under this Agreement ("Administrative Agent"), the other banking institution signatories hereto and named in Exhibit B attached hereto, the Additional Banks (as defined below), and such other institutions that hereafter become a "Bank" pursuant to ss. 11.4 hereof (collectively, the "Banks" and individually, a "Bank"). Preliminary Statement
Rights of Banks. If any Event of Default occurs, the Administrative --------------- Agent shall at the request of, or may with the consent of, the Majority Banks,
Rights of Banks. (a) The Company authorizes the Agent to disclose to any Bank any financial or other information pertaining to the Company.
Rights of Banks. In case any one or more of the Events of Default specified in 12 shall have occurred and be continuing, and whether or not all amounts owing with respect to the Advances have been declared due and payable pursuant to 12, (i) each Bank, if owed any amount with respect to such Advances, may proceed to protect and enforce its rights by suit in equity, action at law and/or other appropriate proceeding, whether for the specific performance of any covenant or agreement contained in this Agreement, including the obtaining of the ex parte appointment of a receiver, and, if such amount shall have become due, by declaration or otherwise, proceed to enforce the payment thereof or any other legal or equitable right of the Bank; and (ii) to the extent any Bank holds Advances (excluding Competitive Bid Advances) exceeding in the aggregate principal amount such Bank's Commitment Percentage of the then outstanding aggregate principal amount of all such Advances held by all the Banks, the other Banks shall purchase such participations in such Bank's Advances so as to result in the outstanding aggregate principal amount of such Advances held by each Bank to equal each such Bank's Commitment Percentage of the then outstanding aggregate principal amount of all such Advances. The Company hereby agrees that any Bank so purchasing a participation from another Bank pursuant to this 14.1 may, to the fullest extent permitted by law, exercise all its right of payment (including the right of set-off) with respect to such participation as fully as if such Bank were the direct creditor of the Company in the amount of such participation. 14.2.
Rights of Banks. In case any one or more of the Events of Default specified in ss.13.1 hereof shall have occurred and be continuing, and whether or not all amounts owing with respect to the Notes have been declared due and payable pursuant to ss.13.1 hereof, each Bank, if owed any amount with respect to the Notes, may proceed to protect and enforce its rights by suit in equity, action at law and/or other appropriate proceeding, whether for the specific performance of any covenant or agreement contained in this Agreement or the Notes including the obtaining of the ex parte appointment of a receiver, and, if such amount shall have become due, by declaration or otherwise, proceed to enforce the payment thereof or any other legal or equitable right of such Bank.
Rights of Banks. 104 Section 15.2. Setoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Section 15.3. Distribution of Collateral Proceeds . . . . . . . . . . . . . . . . . . . . . . . 105
Rights of Banks. Subject to the provisions of the Agency/Intercreditor Agreement each Bank shall be entitled to its Pro Rata Interest in proceeds received by Administrative Agent upon the exercise of rights and remedies after an Event of Default.
Rights of Banks. 57 Section 10.16 Receipt by Banks of Payments................................................ 57 Section 10.17 Non-Reliance on other Banks................................................. 58 LOAN AGREEMENT AGREEMENT, made this 23rd day of January, 1997, by and among:
Rights of Banks. 43 10.2 Setoff: Sharing...................................................44 (a) Set-off....................................................44 (b) Sharing....................................................44
