Secured Cash Management Obligations and Secured Swap Obligations. (a) Except as otherwise expressly set forth herein or in any Guaranty or any Collateral Document, no Person to whom any Secured Cash Management Obligations are owed and no counterparty to any Swap Agreement the obligations under which constitute Secured Swap Obligations that, in each case, obtains the benefits of Section 7.02, any Guaranty or any Collateral by virtue of the provisions hereof or of any Guaranty or any Collateral Document shall 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 Collateral (including the release or impairment of any Collateral) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article 8 or Section 7.02 to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Secured Cash Management Obligations and Secured Swap Obligations unless the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Person to which such Secured Cash Management Obligations are owed or the applicable counterparty to a Swap Agreement the obligations under which constitute Secured Swap Obligations. (b) Each Person to whom any Secured Cash Management Obligations are owed and each counterparty to any Swap Agreement the obligations under which constitute Secured Swap Obligations hereby authorize the Administrative Agent to enter into any intercreditor agreement or other similar arrangement permitted under this Agreement, and any amendment, modification, supplement or joinder with respect thereto, and acknowledge that any such intercreditor agreement (or amendment, modification, supplement or joinder) is binding upon such Persons.
Appears in 2 contracts
Samples: Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.), Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.)
Secured Cash Management Obligations and Secured Swap Obligations. (a) Except as otherwise expressly set forth herein or in any Guaranty or any Collateral Document, no Person to whom any Secured No Cash Management Obligations are owed and no counterparty to any Swap Agreement the obligations under which constitute Secured Swap Obligations that, in each case, Bank or Hedge Bank that obtains the benefits benefit of the provisions of Section 7.027.03, any the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or of any Guaranty or any Collateral Security Document shall 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 Collateral (including the release or impairment of any Collateral) (or to notice of or to consent to any amendment, waiver or modification of the provisions hereof or of the Subsidiary Guaranty or any Security Document) other than in its capacity as an Agent or a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article 8 or Section 7.02 Agreement to the contrary, the Administrative Agent and the Collateral Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Secured Cash Management Obligations and Secured Swap Obligations Obligations, except to the extent expressly provided herein and unless the Administrative Agent has and the Collateral Agent have received written notice a Secured Party Designation Notice of such Secured Cash Management Obligations or Secured Swap Obligations, together with such supporting documentation as the Administrative Agent or the Collateral Agent may request, from the applicable Person Cash Management Bank or Hedge Bank, as the case may be. The Administrative Agent and the Collateral Agent shall not be required to which such verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Cash Management Obligations are owed or the applicable counterparty to a Swap Agreement the obligations under which constitute Secured Swap Obligations.
(b) Each Person to whom any Secured Cash Management Obligations are owed and each counterparty to any Swap Agreement the obligations under which constitute Secured Swap Obligations hereby authorize in the Administrative Agent to enter into any intercreditor agreement or other similar arrangement permitted under this Agreement, and any amendment, modification, supplement or joinder with respect thereto, and acknowledge that any such intercreditor agreement (or amendment, modification, supplement or joinder) is binding upon such Personscase of a Termination Date.
Appears in 2 contracts
Samples: Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)
Secured Cash Management Obligations and Secured Swap Obligations. (a) Except as otherwise expressly set forth herein or in any Guaranty or any Collateral Document, no Person to whom any Secured No Cash Management Obligations are owed and no counterparty to any Swap Agreement the obligations under which constitute Secured Swap Obligations that, in each case, Bank or Hedge Bank that obtains the benefits benefit of the provisions of Section 7.027.03, any the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or of any hereof, the Subsidiary Guaranty or any Collateral Security Document shall 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 Collateral (including the release or impairment of any Collateral) (or to notice of or to consent to any amendment, waiver or modification of the provisions hereof or of the Guaranty or any Collateral Document) other than in its capacity as an Agent or a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article 8 or Section 7.02 Agreement to the contrary, the Administrative Agent and the Collateral Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Secured Cash Management Obligations and Secured Swap Obligations Obligations, except to the extent expressly provided herein and unless the Administrative Agent has and the Collateral Agent have received written notice a Secured Party Designation Notice of such Secured Cash Management Obligations or Secured Swap Obligations, together with such supporting documentation as the Administrative Agent or the Collateral Agent may request, from the applicable Person Cash Management Bank or Hedge Bank, as the case may be. The Administrative Agent and the Collateral Agent shall not be required to which such verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Cash Management Obligations are owed or the applicable counterparty to a Swap Agreement the obligations under which constitute Secured Swap Obligations.
(b) Each Person to whom any Secured Cash Management Obligations are owed and each counterparty to any Swap Agreement the obligations under which constitute Secured Swap Obligations hereby authorize in the Administrative Agent to enter into any intercreditor agreement or other similar arrangement permitted under this Agreement, and any amendment, modification, supplement or joinder with respect thereto, and acknowledge that any such intercreditor agreement (or amendment, modification, supplement or joinder) is binding upon such Personscase of a Termination Date.
Appears in 1 contract
Samples: Credit Agreement (Viasat Inc)