Common use of Treasury Management Agreements and Swap Contracts Clause in Contracts

Treasury Management Agreements and Swap Contracts. No Lender or Affiliate of a Lender providing Treasury Management Agreements or Swap Contracts that obtains the benefit of Section 8.03, the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or any Loan 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 Loan Document) 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 IX 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 Treasury Management Agreements and Swap Contracts except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Lender or Affiliate of a Lender providing Treasury Management Agreements or Swap Contracts, as the case may be. 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 any such Treasury Management Agreements or such Swap Contracts in the case of the termination of the Commitments and payment in full of all Obligations (other than contingent indemnification obligations) arising under the Loan Documents.

Treasury Management Agreements and Swap Contracts. No Lender Except as otherwise expressly set forth herein or Affiliate of a Lender providing in any Collateral Document, no Treasury Management Agreements Bank or Swap Contracts Hedge Bank that obtains the benefit of the provisions of Section 8.039.03, the Subsidiary Guaranty or Guaranty, any Collateral by virtue of the provisions hereof or of any Loan Collateral Document or any other Credit 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 Credit 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 Loan Collateral Document) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Credit Documents. Notwithstanding any other provision of this Article IX X 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 Treasury Management Agreements and Swap Contracts except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice written notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Lender or Affiliate of a Lender providing Treasury Management Agreements Bank or Swap ContractsHedge Bank, as the case may be. 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 any such Treasury Management Agreements or such Swap Contracts and Hedge Agreements in the case of the termination of the Commitments and Aggregate Revolving Commitments, payment in full of all the Obligations (other than (A) contingent indemnification obligationsobligations not then due and payable and (B) arising obligations and liabilities under Swap Contracts and Treasury Management Agreements not then due and payable) and the Loan Documentsexpiration or termination of all Letters of Credit (other than Letters of Credit as to which other arrangements with respect thereto satisfactory to the Administrative Agent and the L/C Issuer shall have been made).

Treasury Management Agreements and Swap Contracts. No Lender Except as otherwise expressly set forth herein or Affiliate of a Lender providing in any Collateral Document, no Treasury Management Agreements Bank or Swap Contracts Hedge Bank that obtains the benefit of the provisions of Section 8.039.03, the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or of any Loan 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 Credit 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 Loan Collateral Document) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Credit Documents. Notwithstanding any other provision of this Article IX X 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 Treasury Management Agreements and Swap Contracts except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice written notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Lender or Affiliate of a Lender providing Treasury Management Agreements Bank or Swap ContractsHedge Bank, as the case may be. 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 any such Treasury Management Agreements or such Swap Contracts and Hedge Agreements in the case of the termination of the Commitments and Aggregate Commitments, payment in full of all the Obligations (other than contingent indemnification obligationsobligations not then due and payable) arising under and the Loan Documentsexpiration or termination of all Letters of Credit (other than Letters of Credit as to which other arrangements with respect thereto satisfactory to the Administrative Agent and the applicable L/C Issuer shall have been made).

Treasury Management Agreements and Swap Contracts. No Lender or Affiliate of a Lender providing Except as otherwise expressly set forth herein, no Treasury Management Agreements Bank or Swap Contracts Bank that obtains the benefit of the provisions of Section 8.039.03, the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or any other Loan 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 other Loan Document) 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 IX X 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 Treasury Management Agreements and entered into with any Treasury Management Bank or Swap Contracts entered into with any Swap Bank except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Lender or Affiliate of a Lender providing Treasury Management Agreements Bank or Swap ContractsBank (other than the Administrative Agent or any Affiliate thereof), as the case may be. 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 any such Treasury Management Agreements entered into with any Treasury Management Bank or such Swap Contracts in the case of the entered into with any Swap Bank upon termination of the Aggregate Revolving Commitments and payment in full of all Obligations (other than contingent indemnification obligations) arising under the Loan Documents.

Treasury Management Agreements and Swap Contracts. No Lender or Affiliate of a Lender providing Treasury Management Agreements or Swap Contracts that obtains the benefit of Section 8.03, the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or any Loan 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 Loan Document) 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 IX 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 Treasury Management Agreements and Swap Contracts except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Lender or Affiliate of a Lender providing Treasury Management Agreements or Swap Contracts, as the case may be. 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 any such Treasury Management Agreements or such Swap Contracts in the case of the termination of the Commitments and payment in full of all Obligations (other than contingent indemnification obligations) arising under the Loan DocumentsMaturity Date.

Treasury Management Agreements and Swap Contracts. No Lender or Affiliate of a Lender providing party to a Treasury Management Agreements Agreement or Swap Contracts Contract with any Loan Party that obtains the benefit of Section 8.039.03, the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or any Loan 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) (or to notice of or to consent to any amendment, waiver or modification of the provisions hereof or of the Subsidiary Guaranty or any Loan Collateral Document) 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 IX X 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 Treasury Management Agreements between any Loan Party and any Lender or any Affiliate of a Lender, or under Swap Contracts between any Loan Party and any Lender or any Affiliate of a Lender, except in each case to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Lender or Affiliate of a Lender providing Treasury Management Agreements or Swap ContractsLender, as the case may be. 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 any such Treasury Management Agreements between any Loan Party and any Lender or such any Affiliate of a Lender, or under Swap Contracts between any Loan Party and any Lender or any Affiliate of a Lender, in the case of the Maturity Date or any termination of the Commitments and payment in full of all Obligations (other than contingent indemnification obligations) arising under the Loan DocumentsAggregate Revolving Commitments.

Treasury Management Agreements and Swap Contracts. No Lender or Affiliate of a Lender providing Except as otherwise expressly set forth herein, no Treasury Management Agreements Bank or Swap Contracts Bank that obtains the benefit of the provisions of Section 8.039.03, the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or any other Loan 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 other Loan Document) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. CHAR1\1829960v3 Notwithstanding any other provision of this Article IX X 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 Treasury Management Agreements and entered into with any Treasury Management Bank or Swap Contracts entered into with any Swap Bank except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Lender or Affiliate of a Lender providing Treasury Management Agreements Bank or Swap ContractsBank (other than the Administrative Agent or any Affiliate thereof), as the case may be. 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 any such Treasury Management Agreements entered into with any Treasury Management Bank or such Swap Contracts in the case of the entered into with any Swap Bank upon termination of the Aggregate Revolving Commitments and payment in full of all Obligations (other than contingent indemnification obligations) arising under the Loan Documents.

Treasury Management Agreements and Swap Contracts. No Lender or Affiliate of a Lender providing Except as otherwise expressly set forth herein, no Treasury Management Agreements Bank or Swap Contracts Bank that obtains the benefit of the provisions of Section 8.039.03, the Subsidiary Guaranty or any Collateral by virtue of the provisions hereof or any other Loan 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 other Loan Document) 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 IX X 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 Treasury Management Agreements and entered into with any Treasury Management Bank or Swap Contracts entered into with any Swap Bank except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Lender or Affiliate of a Lender providing Treasury Management Agreements Bank or Swap ContractsBank (other than the Administrative Agent or any Affiliate thereof), as the case may be. 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 any such Treasury Management Agreements entered into with any Treasury Management Bank or such Swap Contracts in the case of the entered into with any Swap Bank upon termination of the Aggregate Revolving Commitments and payment in full of all Obligations (other than contingent indemnification obligations) arising under the Loan Documents.. cxxxvii CHAR1\1980830v3