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

Swap Contracts and Treasury Management Agreements. By virtue of a Lender’s execution of this Agreement or an Assignment and Assumption Agreement pursuant to Section 8.12(c), as the case may be, any affiliate of such Lender with whom a Borrower has entered into a Swap Contract or a Treasury Management Agreement shall be deemed a Lender party to this Agreement for purposes of any reference in this Agreement or any other Transaction Document to the parties for whom the Agent is acting, it being understood and agreed that the rights and benefits of such affiliate under this Agreement and the other Transaction Documents consist solely of such affiliate’s right to share in any payments made by any Borrower and/or any other Obligor under this Agreement and/or any other Transaction Document and in any collections out of any Collateral, all as set forth in Section 2.25. In connection with any such distribution of payments and collections, the Agent shall be entitled to assume no amounts are due to any Lender or any of its affiliates under or in respect of any Swap Contracts and/or any Treasury Management Agreements unless such Lender has notified the Agent in writing of the amount of any such liability owed to it or its affiliate(s) prior to such distribution.

Swap Contracts and Treasury Management Agreements. By virtue of a Lender’s execution of this Agreement or an Assignment and Assumption Agreement pursuant to Section 8.12(c), as the case may be, any affiliate of such Lender with whom a Borrower has entered into a Swap Contract or a Treasury Management Agreement shall be deemed a Lender party to this Agreement for purposes of any reference in this Agreement or any other Transaction Document to the parties for whom the Agent is acting, it being understood and agreed that the rights and benefits of such affiliate under this Agreement and the other Transaction Documents consist solely of such affiliate’s right to share in any payments made by any Borrower and/or any other Obligor under this Agreement and/or any other Transaction Document and in any collections out of any Collateral, all as set forth in Section 2.252.19. In connection with any such distribution of payments and collections, the Agent shall be entitled to assume no amounts are due to any Lender or any of its affiliates under or in respect of any Swap Contracts and/or any Treasury Management Agreements unless such Lender has notified the Agent in writing of the amount of any such liability owed to it or its affiliate(s) prior to such distribution.