Agents Contract Clauses (70)

Agents. The terms and provisions of Section 5.11 of the Security Agreement which set forth the appointment of the Pledgee as Agent and the indemnifications to which the Agent is entitled are hereby incorporated by reference herein as if fully set forth herein.

Agents. Each reference herein to any right granted to, benefit conferred upon or power exercisable by the "Agent" shall be a reference to Agent, for the benefit of the each member of the Noteholder Group.

Agents. The Agent has executed this Amendment No. 2 as directed under and in accordance with the Loan Agreement and will perform this Amendment No. 2 solely in its capacity as Agent hereunder, and not individually. In performing under this Amendment No. 2, the Agent shall have all rights, protections, immunities and indemnities granted to it under the Loan Agreement. Subject to the terms of the Loan Agreement, the Agent shall have no obligation to perform or exercise any discretionary act. Each of the u...ndersigned Lenders, constituting all of the Lenders both prior to and immediately after the Second Amendment Effective Date hereby directs and consents to the Agent's execution of this Amendment No. 2 and the documents contemplated hereunder. 7 15.Intercreditor Agreement Governs. This Amendment No. 2 and the other Loan Documents are subject to the terms and conditions set forth in the Intercreditor Agreement, in all respects and, in the event of any conflict between the terms of the Intercreditor Agreement and this Amendment No. 2, the terms of the Intercreditor Agreement shall govern. Notwithstanding anything herein to the contrary, the lien and security interest granted to the Agent or any Intermediation Facility Agent, as applicable, pursuant to any Loan Document or any Intermediation Facility Document, and the exercise of any right or remedy in respect of the Collateral by the Agent or any Intermediation Facility Agent, as applicable hereunder, under any other Loan Document, under any Intermediation Facility Document and any other agreement entered into in connection with the foregoing are subject to the provisions of the Intercreditor Agreement and in the event of any conflict between the terms of the Intercreditor Agreement, this Amendment No. 2, any other Loan Document, any Intermediation Facility Document and any other agreement entered into in connection with the foregoing, the terms of the Intercreditor Agreement shall govern and control with respect to the exercise of any such right or remedy or the Loan Parties' covenants and obligations. View More