Examples of Xxxxx Fargo Retail in a sentence
Holdings, SRAC, Kmart Corp., certain lenders, Xxxxx Fargo Bank, National Association, f/k/a Xxxxx Fargo Retail Finance, LLC.
If Xxxxx Fargo Retail Finance, LLC resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c).
In the event of any such resignation as L/C Issuer or Swing Line Lender, the Lead Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Lead Borrower to appoint any such successor shall affect the resignation of Xxxxx Fargo Bank as L/C Issuer or Xxxxx Fargo Retail Finance, LLC as Swing Line Lender, as the case may be.
Each Lender hereby designates and appoints Xxxxx Fargo Retail as its Agent under this Agreement and the other Loan Documents and each Lender hereby irrevocably authorizes Agent to take such action on its behalf under the provisions of this Agreement and each other Loan Document and to exercise such powers and perform such duties as are expressly delegated to it by the terms of this Agreement or any other Loan Document, together with such powers as are reasonably incidental thereto.
Fax No. (000) 000-0000 If to Agent: Xxxxx Fargo Retail Finance LLC Xxx Xxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attn: Xxxxxxxx Xxxxxxxxxx Fax No. (000) 000-0000 with copies to: Xxxxxxx XxXxxxxxx LLP 000 Xxxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attn: Xxxxxx X.X. Xxxxx, Esq.
Xxxxxx If to Agent: Xxxxx Fargo Retail Finance, LLC Xxx Xxxxxx Xxxxx Xxxxxx, XX 00000 Attn: Xxxxxxxx Xxxx and Xxxxxx X.
Any resignation by Xxxxx Fargo Retail Finance, LLC as Administrative Agent pursuant to this Section shall also constitute the resignation of Xxxxx Fargo Retail Finance, LLC as Swing Line Lender and Xxxxx Fargo Bank as L/C Issuer.
Xxxxx Fargo Retail and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests, in and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with Borrowers and its Subsidiaries and Affiliates and any other Person party to any Loan Documents as though Xxxxx Fargo Retail were not Agent hereunder without notice to or consent of the Lenders.
With respect to the Agent Loans and Agent Advances, Xxxxx Fargo Retail shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Agent, and the terms "Lender" and "Lenders" include Xxxxx Fargo Retail in its individual capacity.
The Borrowers, the Guarantor, Xxxxx Fargo Retail Finance, LLC, as Administrative Agent, Collateral Agent and Swing Line Lender, and the Lenders party thereto, among others, have, in connection with the execution and delivery of this Agreement, entered into that certain Credit Agreement of even date herewith (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).