Subsequent Credit Terms. The Guarantors shall notify the Agent in writing not less than ten (10) Business Days prior to any Lessee and any Guarantor entering into any credit agreement or any amendment or modification to any existing credit agreement in either case as otherwise permitted hereunder, pursuant to which any Lessee or any Guarantor agrees to representations, warranties or covenants which are more restrictive, as determined in the sole discretion of the Agent, than the representations, warranties or covenants hereof (the "More Restrictive Provisions"). Upon the execution of such new credit agreement, amendment or modification, the corresponding covenants, terms and conditions of this Master Agreement shall be and shall be deemed to be automatically and immediately amended to conform with and to include the applicable More Restrictive Provisions of such new credit agreement, amendment or modification; provided that the foregoing shall not be applicable to or be deemed to affect any provision of this Master Agreement if any new credit agreement, amendment or modification is less restrictive. Each of the Lessees and the Guarantors hereby agrees promptly to execute and deliver any and all such documents and instruments and to take all such further actions as the Agent may, in their sole discretion, deem necessary or appropriate to effectuate the provisions of this Section 5.13.
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Samples: Master Agreement (Borders Group Inc)
Subsequent Credit Terms. The Guarantors Company shall notify the Administrative Agent in writing not less than ten (10) Business Days prior to any Lessee and any Guarantor Borrower entering into any credit agreement or any amendment or modification to any existing credit agreement in either case as otherwise permitted hereunder, pursuant to which any Lessee or any Guarantor Borrower agrees to representations, warranties or covenants which are more restrictive, as determined in the sole discretion of the Administrative Agent, than the representations, warranties or covenants hereof (the "More Restrictive Provisions"). Upon the execution of such new credit agreement, amendment or modification, the corresponding covenants, terms and conditions of this Master Agreement shall be and shall be deemed to be automatically and immediately amended to conform with and to include the applicable More Restrictive Provisions of such new credit agreement, amendment or modification; provided provided, that the foregoing shall not be applicable to or be deemed to affect any provision of this Master Agreement if any new credit agreement, amendment or modification is less restrictive. Each of the Lessees and the Guarantors Borrowers hereby agrees promptly to execute and deliver any and all such documents and instruments and to take all such further actions as the Administrative Agent may, in their its sole discretion, deem necessary or appropriate to effectuate the provisions of this Section 5.138.01(k).
Appears in 1 contract
Samples: Credit Agreement (Borders Group Inc)
Subsequent Credit Terms. The Guarantors shall notify the Administrative Agent in writing not less than ten (10) Business Days prior to any Guarantor or Lessee and any Guarantor entering into any credit agreement or any amendment or modification to any existing credit agreement in either case as otherwise permitted hereunder, pursuant to which any Guarantor or Lessee or any Guarantor agrees to representations, warranties or covenants which are more restrictive, as determined in the sole discretion of the Administrative Agent, than the representations, warranties or covenants hereof (the "More Restrictive Provisions"). Upon the execution of such new credit agreement, amendment or modification, the corresponding covenants, terms and conditions of this Master Guarantee and the Participation Agreement shall be and shall be deemed to be automatically and immediately amended to conform with and to include the applicable More Restrictive Provisions of such new credit agreement, amendment or modification; provided that the foregoing shall not be applicable to or be deemed to affect any provision of this Master Guarantee and the Participation Agreement if any new credit agreement, amendment or modification is less restrictive. Each of the Lessees and the Guarantors hereby agrees promptly to execute and deliver deliver, and to cause each of the Lessees promptly to execute and deliver, any and all such documents and instruments and to take all such further actions as the Administrative Agent may, in their its sole discretion, deem necessary or appropriate to effectuate the provisions of this Section 5.1311.13.
Appears in 1 contract
Subsequent Credit Terms. The Guarantors Company shall notify the Administrative Agent in writing not less than ten (10) Business Days prior to any Lessee and any Guarantor Borrower entering into any credit agreement or any amendment or modification to any existing credit agreement in either case as otherwise permitted hereunder, pursuant to which any Lessee or any Guarantor Borrower agrees to representations, warranties or covenants which are more restrictive, as determined in the sole discretion of the Administrative Agent, than the representations, warranties or covenants hereof (the "More Restrictive Provisions"). Upon the execution of such new credit agreement, amendment or modification, the corresponding covenants, terms and conditions of this Master Agreement shall be and shall be deemed to be automatically and immediately amended to conform with and to include the applicable More Restrictive Provisions of such new credit agreement, amendment or modification; provided provided, that the foregoing shall not be applicable to or be deemed to affect any provision of this Master Agreement if any new credit agreement, amendment or modification is less restrictive. Each of the Lessees and the Guarantors Borrowers hereby agrees promptly to execute and deliver any and all such documents and instruments and to take all such further actions as the Administrative Agent may, in their its sole discretion, deem necessary or appropriate to effectuate the provisions of this Section 5.137.01(k).
Appears in 1 contract
Samples: Multicurrency Revolving Credit Facility (Borders Group Inc)
Subsequent Credit Terms. The Guarantors Company shall notify the Administrative Agent in writing not less than ten (10) Business Days prior to any Lessee and any Guarantor entering into any credit agreement or any amendment or modification to any existing credit agreement in either case as otherwise permitted hereunder, pursuant to which any Lessee or any Guarantor agrees to representations, warranties or covenants which are more restrictive, as determined in the sole discretion of the Administrative Agent, than the representations, warranties or covenants hereof contained herein (the "More Restrictive Provisions"). Upon the execution of such new credit agreement, amendment or modification, the corresponding covenants, terms and conditions of this Master Agreement Guarantee shall be and shall be deemed to be automatically and immediately amended to conform with and to include the applicable More Restrictive Provisions of such new credit agreement, amendment or modification; provided provided, that the foregoing shall not be applicable to or be deemed to affect any provision of this Master Agreement Guarantee if any new credit agreement, amendment or modification is less restrictive. Each of the Lessees and the Guarantors hereby agrees promptly to execute and deliver any and all such documents and instruments and to take all such further actions as the Administrative Agent may, in their its sole discretion, deem necessary or appropriate to effectuate the provisions of this Section 5.1311.10.
Appears in 1 contract
Subsequent Credit Terms. The Guarantors BGI shall notify the Agent Bank Agents in writing not less than ten (10) Business Days prior to any Lessee and any Guarantor Borrower entering into any credit agreement or any amendment or modification to any existing credit agreement in either case as otherwise permitted hereunder, pursuant to which any Lessee or any Guarantor Borrower agrees to representations, warranties or covenants which are more restrictive, as determined in the sole discretion of the AgentBank Agents, than the representations, warranties or covenants hereof (the "More Restrictive Provisions"). Upon the execution of such new credit agreement, amendment or modification, the corresponding covenants, terms and conditions of this Master Credit Agreement shall be and shall be deemed to be automatically and immediately amended to conform with and to include the applicable More Restrictive Provisions of such new credit agreement, amendment or modification; provided that the foregoing shall not be applicable to or be deemed to affect any provision of this Master Credit Agreement if any new credit agreement, amendment or modification is less restrictive. Each of the Lessees and the Guarantors Borrowers hereby agrees promptly to execute and deliver any and all such documents and instruments and to take all such further actions as the Agent Bank Agents may, in their sole discretion, deem necessary or appropriate to effectuate the provisions of this Section 5.13ss. 8.13.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc)