Common use of Secured Bank Product Provider Clause in Contracts

Secured Bank Product Provider. (a) Bank of America or any of its Affiliates or branches; and (b) any other Lender or Affiliate or branch of a Lender that is providing a Bank Product or any other Person providing a Bank Product that was a Lender or Affiliate or branch of Lender at the time of entering into a Bank Product Document with respect to the Bank Product Debt designated as a Secured Bank Product Obligation pursuant to the definition thereof; provided that such provider and the Administrative Borrower shall have delivered or shall deliver a written notice to the Agent, in form and substance reasonably satisfactory to the Agent, by the later of the Closing Date or 10 Business Days (or such later time as the Agent and the Administrative Borrower may agree in their reasonable discretion) following the later of the creation of the Bank Product or such Secured Bank Product Provider (or its Affiliate or branch) becoming a Lender hereunder, (i) describing the Bank Product and setting forth the maximum amount of the related Secured Bank Product Obligations (and, if all or any portion of such Secured Bank Product Obligations are to constitute Qualified Secured Bank Product Obligations, the maximum amount of such Qualified Secured Bank Product Obligations) that are to be secured by the Collateral and the methodology to be used in calculating such amount(s) and (ii) if such provider is not a Lender, agreeing to be bound by Section 12.15.

Appears in 3 contracts

Samples: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.)

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Secured Bank Product Provider. (a) Bank of America or any of its Affiliates or branches; and (b) any other Lender or Affiliate or branch of a Lender that is providing a Bank Product or any other Person providing a Bank Product that was a Lender or Affiliate or branch of Lender at the time of entering into a Bank Product Document with respect to the Bank Product Debt designated as a Secured Bank Product Obligation pursuant to the definition thereof; Product, provided that such other provider and the Administrative Borrower shall have delivered or a Loan Party Agent shall deliver a written notice to the Agent, in form and substance reasonably satisfactory to the Agent, by the later of by, as to each such Bank Product in existence on the Closing Date (including any Bank Product that was entered into on or 10 prior to the Closing Date), thirty (30) Business Days after the Closing Date, and as to all other such Bank Products, thirty (30) Business Days (or such later time as the Agent and the Administrative Borrower may agree in their its reasonable discretion) following the later of the creation of the Bank Product or such Secured Bank Product Provider (or its Affiliate or branchAffiliate) becoming a Lender hereunder, (i) describing reasonably specifying the key economic terms of the Bank Product and requesting that such Bank Product Debt thereunder be treated as Secured Bank Product Obligations, (ii) setting forth the maximum amount of the related Secured Bank Product Obligations (and, if all or any portion of such Secured Bank Product Obligations are to constitute Qualified Secured Bank Product Obligations, the maximum amount of such Qualified Secured Bank Product Obligations) that are to be secured by the Collateral which amounts may be revised from time to time by written notice to Agent from such provider and the methodology to be used in calculating such amount(s) Loan Party Agent, and (iiiii) if such provider is not a Lender, agreeing to be bound by Section 12.1512.14.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Secured Bank Product Provider. (a) Bank of America or any of its Affiliates or branches; and (b) any other Person that is a Lender or Affiliate or branch of a Lender that is providing (x) on the Closing Date with respect to any Bank Product existing on the Closing Date or (y) at the time it enters into an agreement to provide a Bank Product or any other Person providing (even though, at a Bank Product that was a Lender or Affiliate or branch of Lender at the later time of entering into a Bank Product Document with respect to the Bank Product Debt designated as a Secured Bank Product Obligation pursuant to the definition thereof; determination, such Person or such Person’s Affiliate no longer holds any commitments or Loans hereunder), provided that such provider and the Administrative Borrower shall have delivered or shall deliver a delivers written notice to the Administrative Agent, in the form and substance reasonably satisfactory attached hereto as Exhibit G or in such other form as agreed by the Administrative Agent (including any form accepted by the Administrative Agent prior to the Additional Amendments Effective Date), in each case, as acknowledged by Borrower Agent, by within 10 days (or such later date as the Administrative Agent may agree) following the later of the Closing Date or 10 Business Days (or such later time as the Agent and the Administrative Borrower may agree in their reasonable discretion) following the later of the creation of the Bank Product or such Secured Bank Product Provider (or its Affiliate or branch) becoming a Lender hereunderProduct, (i) describing the Bank Product and setting forth the amount of the obligations in respect of such Bank Product to be secured by the Collateral (and, if the Bank Product is not a Hedging Agreement, setting forth the maximum amount of the related Secured Bank Product Obligations (and, if all or any portion of such Secured Bank Product Obligations are to constitute Qualified Secured Bank Product Obligations, the maximum amount of such Qualified Secured Bank Product Obligations) ), which amount may be established and increased or decreased by further written notice from such provider to the Administrative Agent from time to time, that are to be secured by the Collateral Collateral, and the methodology to be used in calculating such amount(s) amount, and (ii) if such provider is not a Lender, agreeing to be bound by Section 12.1512.13.

Appears in 1 contract

Samples: Loan Agreement (United Natural Foods Inc)

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Secured Bank Product Provider. (a) Bank of America or any of its Affiliates or branches; and (b) any other Lender or Affiliate or branch of a Lender that is providing a Bank Product or any other Person providing a Bank Product that was a Lender or Affiliate or branch of Lender at the time of entering into a Bank Product Document with respect to the Bank Product Debt designated as a Secured Bank Product Obligation pursuant to the definition thereof; provided that such provider and the Administrative Borrower shall have delivered or shall deliver a written notice to the Agent, in form and substance reasonably satisfactory to the Agent, by the later of the Closing Date or 10 Business Days (or such later time as the Agent and the Administrative Borrower may agree in their reasonable discretion) following the later of the creation of the Bank Product or such Secured Bank Product Provider (or its Affiliate or branch) becoming a Lender hereunder, (i) describing the Bank Product and setting forth the maximum amount of the related Secured Bank Product Obligations (and, if all or any portion of such Secured Bank Product Obligations are to constitute Qualified Secured Bank Product Obligations, the maximum amount of such Qualified Secured Bank Product Obligations) that are to be secured by the Collateral and the methodology to be used in calculating such amount(s) and (ii) if such provider is not a Lender, agreeing to be bound by Section 12.15.

Appears in 1 contract

Samples: Abl Credit Agreement (WillScot Corp)

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