Examples of ESOP Lender in a sentence
Each Lender, Swing Loan Lender, Issuing Lender and ESOP Lender agrees that no Lender, Swing Loan Lender, Issuing Lender or ESOP Lender shall have the right individually to seek to realize upon the security granted by any Collateral Document, it being understood and agreed that such rights and remedies may be exercised solely by the Agent or Collateral Agent, as applicable for the benefit of the Holders of Secured Obligations, upon the terms of the Collateral Documents.
Each Lender, Swing Loan Lender, Issuing -------------------- Lender and ESOP Lender authorizes the Agents to enter into each of the Collateral Documents to which it is a party and to take all action contemplated by such documents.
Each ESOP Lender hereby authorizes the Agent to ---------- enter into the ESOP Agreements on its behalf and accepts an interest in the ESOP Loans in an amount equal to the amount set forth opposite such ESOP Lender's name under the heading "ESOP Lenders" on Schedule I hereof.
Each Lender acknowledges that it has, ---------------------- independently and without reliance upon any Agent or any other Lender, Swing Loan Lender, Issuing Lender or ESOP Lender and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents.
Each Lender also acknowledges that it will, independently and without reliance upon any Agent or any other Lender, Swing Loan Lender, Issuing Lender or ESOP Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement and the other Loan Documents.
Each of the Lenders, Swing Loan Lenders, Issuing Lenders and ESOP Lenders agrees to assert no claim against either of the Agents on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Lender, Swing Loan Lender, Issuing Lender and ESOP Lender waives.
The Agents shall ---------- not have a fiduciary relationship in respect of the Company, any Borrowing Subsidiary, any Lender, any Swing Loan Lender, any Issuing Lender or any ESOP Lender by reason of this Agreement or the ESOP Loan Agreements.
Notwithstanding the use of the defined term "Agent," and "Collateral Agent" it is expressly understood and agreed that neither of the Agents shall have any fiduciary responsibilities to any Lender, Swing Loan Lender, Issuing Lender or any ESOP Lender by reason of this Agreement and that the Agents are merely acting as the representative of the Lenders, Swing Loan Lenders, Issuing Lenders and ESOP Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents.
ESOP Lender" shall mean the lender with respect to any loan arrangement by and between the Company and such ESOP Lender ("ESOP Outside Loan Agreement").
Each ESOP Lender has made to the Company and, subject to the terms and conditions herein set forth agrees to maintain, a term loan to the Company in an outstanding amount equal to such Lender's ESOP Loan Amount (the "ESOP Loan").