Agent as Joint Creditor Sample Clauses

Agent as Joint Creditor. (a) Each of the Credit Parties and each of the Lenders agree that Agent shall be the joint creditor (together with the relevant Lender) of each and every Obligation of any Credit Party towards each and any of the Lenders under the Loan Documents, and that accordingly Agent shall have its own independent right to demand performance by such Credit Party of those Obligations when due. Any discharge of any Obligation to Agent shall, to the same extent, discharge the corresponding obligation owing to the Lenders. (b) Without limiting or affecting Agent's rights against any Credit Party (whether under this paragraph or under any other provision of the Loan Documents), Agent agrees with each Lender, severally but not jointly, that it shall exercise its rights as a joint creditor with respect to the security interest granted under the Loan Documents in accordance with the Credit Agreement and such Loan Documents. However, nothing in the previous sentence shall limit to any extent Agent's rights in whatever capacity to take any action to protect or preserve any rights under any Loan Document or to enforce any security interest created thereby as contemplated by the Credit Agreement and the Loan Documents (or to do any act reasonably incidental to the foregoing). (c) This Section 9.10 applies unless Agent specifies that it shall not apply in relation to a specific Credit Party or all Credit Parties incorporated in a particular jurisdiction.
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Agent as Joint Creditor. The parties hereto agree that the Agent ----------------------- shall be the joint and several creditor (together with each Lender or Affiliate of a Lender) of each and every Obligation or Rate Hedging Obligation, if any, payable by the Company or any of its Subsidiaries to such Lender or such Affiliate of a Lender under any Loan Documents, so that accordingly the Agent will have its own independent right to demand performance by the Company or such of its Subsidiaries of such Obligation or Rate Hedging 108 Obligation, as the case may be, and such Obligation or Rate Hedging Obligation, as the case may be, will be discharged by and to the extent of any discharge thereof either to the Agent or to the relevant Lender or Affiliate of a Lender, as the case may be.
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Agent as Joint Creditor. (a) Each of the Companies and the Guarantors (collectively, the "Obligors") and each of the Banks agree that the Agent shall be the joint creditor (together with the relevant Bank) of each and every obligation of any Obligor towards each of the Banks under this Agreement, and that accordingly the Agent will have its own independent right to demand performance by the relevant Obligor of those obligations. However, any discharge of any such obligation to one of the Agent or the relevant Bank shall, to the same extent, discharge the corresponding obligation owing to the other. (b) Without limiting or affecting the Agent's rights against any Obligor (whether under this paragraph or under any other provision of the Loan Documents), the Agent agrees with each other Bank (on a several and divided basis) that, subject as set out in the next sentence, it will not exercise its rights as a joint creditor with a Bank except with the consent of the relevant Bank. However, for the avoidance of doubt, nothing in the previous sentence shall in any way limit the Agent's right to act in the protection or preservation of rights under or to enforce any Support Document as contemplated by this Agreement, the other Loan Documents and/or the relevant Support Document (or to do any act reasonably incidental to any of the foregoing).
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Agent as Joint Creditor. (a) Each of the Companies and the Guarantors (collectively, the “Obligors”) and each of the Banks agree that the Agent shall be the joint creditor (together with the relevant Bank) of each and every obligation of any Obligor towards each of the Banks under this Agreement, and that accordingly the Agent will have its own independent right to demand performance by the relevant Obligor of those obligations. However, any discharge of any such obligation to one of the Agent or the relevant Bank shall, to the same extent, discharge the corresponding obligation owing to the other. (b) Without limiting or affecting the Agent’s rights against any Obligor (whether under this paragraph or under any other provision of the Loan Documents), the Agent agrees with each other Bank (on a several and divided basis) that, subject as set out in the next sentence, it will not exercise its rights as a joint creditor with a Bank except with the consent of the relevant Bank. However, for the avoidance of doubt, nothing in the previous sentence shall in any way limit the Agent’s right to act in the protection or preservation of rights under or to enforce any Support Document as contemplated by this Agreement, the other Loan Documents and/or the relevant Support Document (or to do any act reasonably incidental to any of the foregoing). In furtherance of the foregoing, each Bank hereby (a) ratifies (i) the Spanish notarial policy (“poliza intervenida”) of guarantee granted by Danka Office Imaging, S.A. and intervened by the Spanish Notary public, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ on ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇, (▇▇) the Spanish notarial policy (“poliza intervenida”) of guarantee granted by Danka Holdings Iberia, S.A. and intervened by the Spanish Notary public, ▇▇▇▇▇▇ ▇▇▇▇▇ Alberdi on 10th August, 2001, and (iii) Spanish notarial policy (“poliza intervenida”) of pledge of shares of Danka Office Imaging, S.A. granted by Danka Holdings Iberia, S.A. and intervened by the Spanish Notary public, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ on 10th August, 2001, and (b) authorizes the Agent to enforce such Support Documents on behalf of each Bank.
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Agent as Joint Creditor. (a) Each of the Credit Parties and each of the Lenders agree that Agent shall be the joint creditor (together with the relevant Lender) of each and every Obligation of any Credit Party towards each and any of the Lenders under the Loan Documents, and that accordingly Agent shall have its own independent right to demand performance by such Credit Party of those Obligations when due. Any discharge of any Obligation to Agent shall, to the same extent, discharge the corresponding obligation owing to the Lenders. (b) Without limiting the generality of sub-paragraph (a) above, for the purpose of creating a solidarité active in accordance with Article 1541 of the Civil Code of Quebec, between each Lender, taken individually, on the one hand, and the Agent, on the other hand, each Credit Party and each such Lender acknowledge and agree with the Agent that such Lender and the Agent are hereby conferred the legal status of solidary creditors of each Credit Party in respect of all Obligations, present and future, owed by each Credit Party to each such Lender and the Agent (collectively, the “Solidary Claim”). Accordingly, but subject (for the avoidance of doubt) to Article 1542 of the Civil Code of Quebec, each Credit Party is irrevocably bound towards the Agent and each Lender with respect to the amount of the entire Solidary Claim owed by it. As a result of the foregoing, the parties hereto acknowledge that the Agent and each Lender shall at all times have a valid and effective right of action for the entire Solidary Claim of the Agent and such Lender and the right to give full acquittance for it. Accordingly, without limiting the generality of the foregoing, the Agent, as solidary creditor with each Lender, shall at all times have a valid and effective right of action in respect of all Obligations, present and future, owed by each Credit Party to the Agent and to the Lender or any of them and the right to give a full acquittance for same. The parties further agree and acknowledge that the Agent’s Liens on the Collateral shall be granted to the Agent, for its own benefit and for the benefit of the Lenders. (c) Without limiting or affecting Agent’s rights against any Credit Party (whether under this paragraph or under any other provision of the Loan Documents), Agent agrees with each Lender, severally but not jointly, that it shall exercise its rights as a joint creditor with respect to the security interest granted under the Loan Documents in accordance with the Cr...
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Related to Agent as Joint Creditor

  • Agent as Lender In its individual capacity, KeyBank shall have the same obligations and the same rights, powers and privileges in respect to its Commitment and the Loans made by it, and as the holder of any of the Notes as it would have were it not also the Agent.

  • Administrative Agent as Lender The bank serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder.

  • Agent as Bank In its individual capacity, BKB shall have the same obligations and the same rights, powers and privileges in respect to its Commitment and the Loans made by it, and as the holder of any of the Notes and as the purchaser of any Letter of Credit Participations, as it would have were it not also the Agent.

  • Administrative Agent Fee The Borrower agrees to pay to the Administrative Agent, for its own account, the fees set forth in the Agency Fee Letter and such other fees payable in the amounts and at the times separately agreed upon between the Borrower and the Administrative Agent.

  • Administrative Agent Fees The Borrower agrees to pay to the Administrative Agent, for its own account, fees payable in the amounts and at the times separately agreed upon between the Borrower and the Administrative Agent.