Common use of to Agent Clause in Contracts

to Agent. Except for such Compliance Certificates, Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event, shall have no responsibility to monitor compliance by American Vanguard with any request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. Each Loan Party hereby acknowledges that (a) Agent may make available to the Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Loan parties hereunder (collectively, “Borrower Materials”) by posting Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to American Vanguard or its securities) (each, a “Public Lender”). Each Loan Party hereby agrees that so long as American Vanguard is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering-or is actively contemplating issuing any such securities (w) any Borrower Materials that are not to be made available to Public Lenders shall be clearly and conspicuously marked “CONFIDENTIAL” which, at a minimum, shall mean that the word “CONFIDENTIAL” shall appear prominently on the first page thereof; (x) by not marking Borrower Materials “CONFIDENTIAL,” the Loan Parties shall be deemed to have authorized Agent to treat such Borrower Materials as not containing any material non-public information with respect to American Vanguard or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (y) all Borrower Materials not marked “CONFIDENTIAL” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) Agent shall be entitled to treat any Borrower Materials that are marked “CONFIDENTIAL” as being suitable only for posting on a portion of the Platform not designated “Public Investor.”

to Agent. Except for such Compliance Certificates, Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event, shall have no responsibility to monitor compliance by American Vanguard with any request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. Each Loan Party hereby acknowledges that (a) Agent may make available to the Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Loan parties hereunder (collectively, “Borrower Materials”) by posting Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to American Vanguard Borrower or its securities) (each, a “Public Lender”). Each Loan Party party hereby agrees that so long as American Vanguard is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering-offering or is actively contemplating issuing any such securities (w) any all Borrower Materials that are not to be made available to Public Lenders shall be clearly and conspicuously marked “CONFIDENTIALPUBLIC” which, at a minimum, shall mean that the word “CONFIDENTIALPUBLIC” shall appear prominently on the first page thereof; (x) by not marking Borrower Materials “CONFIDENTIALPUBLIC,” the Loan Parties shall be deemed to have authorized Agent to treat such Borrower Materials as not containing any material non-public information with respect to American Vanguard Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (y) all Borrower Materials not marked “CONFIDENTIALPUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) Agent shall be entitled to treat any Borrower Materials that are not marked “CONFIDENTIALPUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC.”

to Agent. Except for such Compliance Certificates, Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event, event shall have no responsibility to monitor compliance by American Vanguard Borrower with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. Each Loan Party Borrower hereby acknowledges that (a) Agent may and/or the Arranger will make available to the Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Loan parties Borrower hereunder (collectively, “Borrower Materials”) by posting Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders (each, a “Public Lender”) may be “public-side” Lenders (i.e., Lenders that have personnel who do not wish to receive material non-public information with respect to American Vanguard Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Lender”). Each Loan Party Borrower hereby agrees that so long as American Vanguard is it will use commercially reasonable efforts to identify that portion of Borrower Materials that may be distributed to the issuer of any outstanding debt or equity securities Public Lenders and that are registered or issued pursuant to a private offering-or is actively contemplating issuing any such securities (w) any all such Borrower Materials that are not to be made available to Public Lenders shall be clearly and conspicuously marked “CONFIDENTIALPUBLIC” which, at a minimum, shall mean that the word “CONFIDENTIALPUBLIC” shall appear prominently on the first page thereof; (x) by not marking Borrower Materials “CONFIDENTIALPUBLIC,” the Loan Parties Borrower shall be deemed to have authorized Agent Agent, the Arranger, the L/C Issuer and the Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to American Vanguard Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.0710.7); (y) all Borrower Materials not marked “CONFIDENTIALPUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) Agent and the Arranger shall be entitled to treat any Borrower Materials that are not marked “CONFIDENTIALPUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public InvestorSide Information.”

to Agent. Except for such Compliance Certificates, Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event, shall have no responsibility to monitor compliance by American Vanguard with any request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. Each Loan Party hereby acknowledges that (a) Agent may make available to the Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Loan parties hereunder (collectively, “Borrower Materials”) by posting Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to American Vanguard Borrower or its securities) (each, a “Public Lender”). Each Loan Party hereby agrees that so long as American Vanguard is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering-offering or is actively contemplating issuing any such securities (w) any all Borrower Materials that are not to be made available to Public Lenders shall be clearly and conspicuously marked “CONFIDENTIALPUBLIC” which, at a minimum, shall mean that the word “CONFIDENTIALPUBLIC” shall appear prominently on the first page thereof; (x) by not marking Borrower Materials “CONFIDENTIALPUBLIC,” the Loan Parties shall be deemed to have authorized Agent to treat such Borrower Materials as not containing any material non-public information with respect to American Vanguard Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (y) all Borrower Materials not marked “CONFIDENTIALPUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) Agent shall be entitled to treat any Borrower Materials that are not marked “CONFIDENTIALPUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC.”