Examples of Intercreditor and Collateral Agency Agreement in a sentence
The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder and under the other Loan Documents and the Intercreditor and Collateral Agency Agreement.
The Administrative Agent shall be fully justified in failing or refusing to take any action under this Agreement, any other Loan Document or the Intercreditor and Collateral Agency Agreement unless it shall first receive such advice or concurrence of the Majority Lenders as it deems appropriate or it shall first be indemnified to its satisfaction by the Lenders against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.
With respect to the Advances made by it, the Administrative Agent shall have the same rights and powers under this Agreement, the other Loan Documents and the Intercreditor and Collateral Agency Agreement as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.
The Administrative Agent shall not be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement, any other Loan Document or the Intercreditor and Collateral Agency Agreement, or to inspect the properties, books or records of the Borrower or any other Loan Party.
Notwithstanding any provision to the contrary elsewhere in this Agreement, the Administrative Agent shall not have any duties or responsibilities, except those expressly set forth herein, or any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement, any other Loan Document or the Intercreditor and Collateral Agency Agreement or otherwise exist against the Administrative Agent.