Common use of Administration by Administrative Agent Clause in Contracts

Administration by Administrative Agent. Each Lender, the Collateral Agent, the Issuing Banks, the Acceptance Lenders and each Secured Party hereby irrevocably designate Bank of America, N.A. as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, the Issuing Banks, the Acceptance Lenders and the Secured Parties each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (Caleres Inc), Fourth Amended and Restated Credit Agreement (Caleres Inc), Credit Agreement (Caleres Inc)

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Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. America as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Longs Drug Stores Corp), Credit Agreement (Wet Seal Inc), Credit Agreement (Marsh Supermarkets Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. Fleet as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Dri I Inc), Credit Agreement (Wet Seal Inc), Credit Agreement (Wet Seal Inc)

Administration by Administrative Agent. Each Lender, Lender and the Collateral Agent, the Issuing Banks, the Acceptance Lenders and each Secured Party Agent hereby irrevocably designate Bank of America, N.A. America as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, the Issuing Banks, the Acceptance Lenders and the Secured Parties Collateral Agent each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 2 contracts

Samples: Term Loan Agreement (GameStop Corp.), Credit Agreement (American Color Graphics Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. America as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Stage Stores Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. N.A., as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The LendersEach Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties each Bank hereby irrevocably authorizes authorize the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Advanced Audio Concepts, LTD)

Administration by Administrative Agent. Each Lender, Lender and the Collateral Agent, the Issuing Banks, the Acceptance Lenders and each Secured Party Agent hereby irrevocably designate Bank of America, N.A. Back Bay Capital as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, the Issuing Banks, the Acceptance Lenders and the Secured Parties Collateral Agent each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Marsh Supermarkets Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Banks hereby irrevocably designate Bank of America, N.A. America as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Banks each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (GameStop Corp.)

Administration by Administrative Agent. Each Lender, Lender and the Collateral Agent, the Issuing Banks, the Acceptance Lenders and each Secured Party Agent hereby irrevocably designate Bank of America, N.A. designates SAC as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, the Issuing Banks, the Acceptance Lenders and the Secured Parties Collateral Agent each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Wet Seal Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. America as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby (a) irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party party, and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto, and (b) agrees and consents to all of the provisions of the Security Documents. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any LenderSecured Party, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Trans World Entertainment Corp)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. FRG as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Gamestop Corp)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Banks hereby irrevocably designate Bank of America, N.A. America as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Banks each hereby irrevocably authorizes authorize the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

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Administration by Administrative Agent. Each Lender, the Collateral Agent, the Issuing Banks, the Acceptance Lenders and each Secured Party hereby irrevocably designate Bank of America, N.A. as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, the Issuing Banks, the Acceptance Lenders and the Secured Parties each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.. ​ ​ ​

Appears in 1 contract

Samples: Credit Agreement (Caleres Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agents and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. America as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agents and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. FRF as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, the Co-Borrowing Base Agents and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. America as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative AgentAgent to the extent provided in the Loan Documents. The Lenders, the Collateral Agent, the Issuing Banks, the Acceptance Lenders Co-Borrowing Base Agents and the Secured Parties Issuing Bank each hereby (a) irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party party, and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto, and (b) agrees and consents to all of the provisions of the Security Documents. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any LenderSecured Party, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Trans World Entertainment Corp)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agents and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. Fleet as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agents and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby irrevocably authorizes the Administrative Agent (i) to enter into the Loan Documents to which it is a party and (ii) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. Xxxxx Fargo as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, Agent and the Issuing Banks, the Acceptance Lenders and the Secured Parties Bank each hereby irrevocably authorizes the Administrative Agent (ia) to enter into the Loan Documents to which it is a party and (iib) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Stage Stores Inc)

Administration by Administrative Agent. Each Lender, the Collateral Agent, the Term Loan Agent, and the Issuing Banks, the Acceptance Lenders and each Secured Party Bank hereby irrevocably designate Bank of America, N.A. Xxxxx Fargo as Administrative Agent under this Agreement and the other Loan Documents. The general administration of the Loan Documents shall be by the Administrative Agent. The Lenders, the Collateral Agent, the Issuing BanksTerm Loan Agent, the Acceptance Lenders and the Secured Parties Issuing Bank each hereby irrevocably authorizes the Administrative Agent (ia) to enter into the Loan Documents to which it is a party and (iib) at its discretion, to take or refrain from taking such actions as agent on its behalf and to exercise or refrain from exercising such powers under the Loan Documents and the Notes as are delegated by the terms hereof or thereof, as appropriate, together with all powers reasonably incidental thereto. The Administrative Agent shall have no duties or responsibilities except as set forth in this Agreement and the other remaining Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations, or liabilities shall be read into the Loan Documents or otherwise exist against the Administrative Agent.

Appears in 1 contract

Samples: Fifth Amendment to Second Amended and Restated Credit Agreement (Stage Stores Inc)

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