Common use of Several Obligations; Benefits of this Agreement Clause in Contracts

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 and 10.10 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her own behalf and in its, his or her own name to the same extent as if it, he or she were a party to this Agreement.

Appears in 12 contracts

Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Forestar Group Inc.)

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Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and any Person indemnified under Section 9.5 or any other provision of this Agreement, and their respective successors and assigns; provided, however, provided that the parties hereto expressly agree that the each Joint Lead Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.5, 9.9 and 10.10 10.8 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 6 contracts

Samples: Credit Agreement, Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and any Person indemnified under Section 9.6 or any other provision of this Agreement, and their respective successors and assigns; provided, however, provided that the parties hereto expressly agree that the each Joint Lead Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 6 contracts

Samples: Credit Agreement (Idacorp Inc), Credit Agreement (Idacorp Inc), Credit Agreement (Idacorp Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders and the Issuing Banks hereunder are several and not joint or joint and several and no Lender or Issuing Bank shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender or any Issuing Bank to perform any of its obligations hereunder shall not relieve any other Lender or any Issuing Bank from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the each Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this AgreementAgreement (it being acknowledged that Section 9.6 may be enforced against any Borrower only to the extent of the amounts for which such Borrower is liable under the terms of such Section).

Appears in 5 contracts

Samples: Credit Agreement (Central Illinois Public Service Co), Credit Agreement, Credit Agreement (Central Illinois Public Service Co)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; provided, however, that the parties hereto expressly agree that the Arranger Arrangers (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 10.6, 10.10 and 10.10 11.10 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her own behalf and in its, his or her own name to the same extent as if it, he or she were a party to this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is Agents are authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10, 10.11, and 10.10 10.13 and each Person entitled to indemnification under Sections 2.21.9 and 9.6(ii) shall enjoy the benefits of such provisions, in each case to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Applebees International Inc), Assignment Agreement (Applebees International Inc), Revolving Credit Agreement (Applebees International Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and any Person indemnified under Section 9.5 or any other provision of this Agreement, and their respective successors and assigns; provided, however, provided that the parties hereto expressly agree that the each Joint Lead Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.5, 9.9 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement (Idacorp Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement (and their Affiliates and respective directors, officers and employees with respect to Section 9.7) and their respective successors and assigns; provided, however, that the parties hereto expressly agree that the each Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.7, 9.11 and 10.10 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement (and their Affiliates and respective directors, officers and employees with respect to Section 9.7) and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the each Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.7, 9.11 and 10.10 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; provided, however, that the parties hereto expressly agree that the Arranger Arrangers (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 10.6(b) and 10.10 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her own behalf and in its, his or her own name to the same extent as if it, he or she were a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Toll Brothers, Inc.), Credit Agreement (Toll Brothers, Inc.), Credit Agreement (Toll Brothers, Inc.)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 10.6, 10.10 and 10.10 11.10 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her own behalf and in its, his or her own name to the same extent as if it, he or she were a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders and the Issuing Banks hereunder are several and not joint or joint and several and no Lender or Issuing Bank shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender or any Issuing Bank to perform any of its obligations hereunder shall not relieve any other Lender or any Issuing Bank from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the each Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Amerenenergy Generating Co), Credit Agreement (Union Electric Co), Credit Agreement (Union Electric Co)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is Agents are authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) Arrangers shall enjoy the benefits of the provisions of Sections 10.6 (provided that, with respect to the Arrangers, only X.X. Xxxxxx Securities LLC shall enjoy the benefits of Section 10.6(i)), 10.10, 11.11, and 10.10 11.13 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Acuity Brands Inc), Credit Agreement (Acuity Brands Inc), Credit Agreement (Acuity Brands Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders and the Issuing Banks hereunder are several and not joint or joint and several and no Lender or Issuing Bank shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender or any Issuing Bank to perform any of its obligations hereunder shall not relieve any other Lender or any Issuing Bank from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) Arrangers shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her their own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this AgreementAgreement (it being acknowledged that Section 9.6 may be enforced against any Borrower only to the extent of the amounts for which such Borrower is liable under the terms of such Section).

Appears in 2 contracts

Samples: Credit Agreement (Ameren Energy Generating Co), Credit Agreement (Ameren Energy Generating Co)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner partner, co-venturer, or agent of any other Lender (except to the extent to which the Administrative Agent is authorized to act as suchadministrative agent for the Lenders hereunder). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 Section 9.6, Section 9.10, and 10.10 Section 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (K2 Inc), Credit Agreement (K2 Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger Arrangers (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 10.6, 10.10 and 10.10 11.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her own behalf and in its, his or her own name to the same extent as if it, he or she were a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The Obligations of each Borrower are several and not joint, except to the extent that any Borrower has executed a Guaranty with respect to the Secured Obligations of another Borrower. The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 9.6, 9.10 and 10.6 and 10.10 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Modine Manufacturing Co), Credit Agreement and Waiver (Modine Manufacturing Co)

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Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 10.6, 10.10 and 10.10 11.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her own behalf and in its, his or her own name to the same extent as if it, he or she were a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Agents, the Lenders and the LC Issuer hereunder are several and not joint or joint and several and no Lender Lender, Agent or LC Issuer shall be the partner or agent of any other (except to the extent to which the Administrative Agent or the LC Issuer is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) Co-Lead Arrangers shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Corp)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 10.6(b) and 10.10 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her own behalf and in its, his or her own name to the same extent as if it, he or she were a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers, Inc.)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other A&R CREDIT AGREEMENT lender (except to the extent to which the Administrative Agent is authorized to act as suchadministrative agent for the Lenders hereunder). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; provided, provided however,, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Newpark Resources Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and any Person indemnified under Section 9.6 or any other provision of this Agreement, and their respective successors and assigns; provided, however, provided that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 1 contract

Samples: Term Loan Credit Agreement

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The Obligations of each Borrower are several and not joint, except to the extent that any Borrower has executed a Guaranty with respect to the Secured Obligations of another Borrower. The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 10.6,10.10 and 10.10 11.6 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and any Person indemnified under Section 9.5 or any other provision of this Agreement, and their respective successors and assigns; provided, however, provided that the parties hereto expressly agree that the each Joint Lead Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.5, 9.9 and 10.10 10.8 to the 85 15484836v115484836v9 extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Idaho Power Co)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders and the Issuing Banks hereunder are several and not joint or joint and several and no Lender or Issuing Bank shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender or any Issuing Bank to perform any of its obligations hereunder shall not relieve any other Lender or any Issuing Bank from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.6, 9.10 and 10.10 10.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this AgreementAgreement (it being acknowledged that Section 9.6 may be enforced against any Borrower only to the extent of the amounts for which such Borrower is liable under the terms of such Section).

Appears in 1 contract

Samples: Credit Agreement (Ameren Corp)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; , provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 10.6, 10.10 and 10.10 11.11 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her own behalf and in its, his or her own name to the same extent as if it, he or she were a party to this Agreement. 10.6.

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers Inc)

Several Obligations; Benefits of this Agreement. The respective obligations of the Lenders hereunder are several and not joint or joint and several and no Lender shall be the partner or agent of any other (except to the extent to which the Administrative Agent is authorized to act as such). The failure of any Lender to perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. This Other than as and to the extent specified in Section 12.01(a), this Agreement shall not be construed so as to confer any right or benefit upon any Person other than the parties to this Agreement and their respective successors and assigns; assigns and, to the extent expressly contemplated hereby, each Indemnitee, provided, however, that the parties hereto expressly agree that the Arranger (and, in the case of the provisions of Section 10.6(b), any other Person indemnified by the Borrower thereunder) shall enjoy the benefits of the provisions of Sections 10.6 9.06 and 10.10 9.08 to the extent specifically set forth therein and shall have the right to enforce such provisions on its, his or her its own behalf and in its, his or her its own name to the same extent as if it, he or she it were a party to this Agreement.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Moneygram International Inc)

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