Security Bank, N. A. as Certificate Trustee on behalf of the Certificate Holders, Wells Fargo Bank Nevada, N.A., as Collateral Agent, and Bank xx Xmerica, N.A., as Administrative Agent and Administrator under that certain Second Amended and Restated Participation Agreement, dated as of January 28, 2002, among Williams Oil Gathering, L.L.C., as Lessee, Williams Field Sexxxxxx Xompany, as Construction Agent, The Xxxxxxxx Companies, Inc., as Guarantor, First Security Bank, X.X. xx Certificate Trustee, the Certificate Holders party thereto, Wells Fargo Bank Nevada, N.A., as Collateral Agent, Bank of Xxxxxca, N.A., as Administrative Agent and Administrator, as amended.
Security Bank, N. A., formerly known as First Security Bank of Utah, N.A., a national banking association existing pursuant to the laws of the United States, having its principal place of business at 00 Xxxxx Xxxx Xxxxxx, Xxxx Xxxx Xxxx, Xxxx 00000-0000, not in its individual capacity (except as expressly set forth in the Leases) but solely as Owner Trustee under the Trust Agreement ("Trustee" or "Lessor").
Security Bank, N. A., its successors and assigns, shall have no right of reimbursement or right of recourse against Wood County Development Authority for any amount(s) drawn under strict compliance of this Letter of Credit.
Security Bank, N. A. and The Northern Trust Company, as managing agents (in such capacity, the "Managing Agents"), First Union National Bank, Union Bank Of California, N.A., U.S. Bank National Association and Xxxxx Fargo Bank, N.A., as senior managing agents (in such capacity, the "Senior Managing Agents"), and Bank of America, N.A., as Swingline Bank and as administrative agent for itself, the Designated Bidders and the Banks (in such capacity, the "Agent").
Security Bank, N. A. in Other Capacities. --------------------------------------------------------------- Nothing in this Agreement shall affect any obligation First Security Bank, N.A. may have in any other capacity.
Security Bank, N. A. hereby agrees, whether or not any of the transactions contemplated hereby shall be consummated, to assume liability for, and hereby agrees to indemnify, protect, save and keep harmless the Owner Trustee, and its successors, assigns, legal representatives, agents and servants, from and against any and all liabilities, obligations, losses, damages, penalties, taxes (excluding any taxes payable by the Owner Trustee on or measured by any compensation received by the Owner Trustee for its services hereunder), claims, actions, suits, costs, expenses or disbursements (including, without limitation, reasonable legal fees and expenses) of any kind and nature whatsoever which may be imposed on, incurred by or asserted against the Owner Trustee (whether or not also indemnified against by the Servicer under the Sale and Servicing Agreement or also indemnified against by any other Person) in any way relating to or arising out of this Trust Agreement or any of the Basic Documents or the enforcement of any of the terms contained therein, or in any way relating to or arising out of the administration of the Trust Estate or the action or inaction of the Owner Trustee hereunder, except:
Security Bank, N. A. may make loans bearing interest above, at or below its prime rate.
Security Bank, N. A. in its capacity as the Servicer hereunder. The Trustee or such successor servicer shall take such action, consistent with this Agreement, as shall be necessary to effectuate any such succession. No Servicer shall resign or be relieved of its duties under this Agreement until a newly appointed servicer shall have assumed the responsibilities and obligations of the terminated Servicer under this Agreement.
Security Bank, N. A. and NBD Bank, each in its capacity as a Bank hereunder, shall have the same rights and powers hereunder as any other Bank and may exercise or refrain from exercising the same as though it were not an Agent. First
Security Bank, N. A. and NBD Bank and its affiliates may (without having to account therefor to any Bank) accept deposits from, lend money to, and generally engage in any kind of banking, trust, financial advisory or other business with the Company, any Guarantor or any of their respective Subsidiaries as if it were not acting as an Agent hereunder, and may accept fees and other consideration therefor without having to account for the same to the Banks.
