Administrative Agent and Other Agents. SECTION 9.01 Appointment and Authorization of Agents 179184 SECTION 9.02 Delegation of Duties 180185 SECTION 9.03 Liability of Agents 180185 SECTION 9.04 Reliance by Agents 181186 SECTION 9.05 Notice of Default 181186 SECTION 9.06 Credit Decision; Disclosure of Information by Agents 181187 SECTION 9.07 Indemnification of Agents 182187 SECTION 9.08 Agents in Their Individual Capacities 182187 SECTION 9.09 Successor Agents 183188 SECTION 9.10 Administrative Agent May File Proofs of Claim 184189 SECTION 9.11 Collateral and Guaranty Matters 184189 SECTION 9.12 Other Agents; Arrangers and Managers 186191 SECTION 9.13 Withholding Tax Indemnity 186191 SECTION 9.14 Appointment of Supplemental Agents 186191
Administrative Agent and Other Agents. SECTION 9.01. Appointment and Authorization of Agents 125 SECTION 9.02. Delegation of Duties 126 SECTION 9.03. Liability of Agents 126 SECTION 9.04. Reliance by Agents 127 SECTION 9.05. Notice of Default 127 SECTION 9.06. Credit Decision; Disclosure of Information by Agents 128 SECTION 9.07. Indemnification of Agents 128 SECTION 9.08. Agents in their Individual Capacities 129 SECTION 9.09. Successor Agents 129 SECTION 9.10. Administrative Agent May File Proofs of Claim 130 SECTION 9.11. Collateral and Guaranty Matters 131 SECTION 9.12. Other Agents; Arrangers and Managers 131 SECTION 10.01. Amendments, Etc. 132 SECTION 10.02. Notices and Other Communications; Facsimile Copies 134 SECTION 10.03. No Waiver; Cumulative Remedies 135 SECTION 10.04. Attorney Costs, Expenses and Taxes 135 SECTION 10.05. Indemnification by the Borrower 136 SECTION 10.06. Payments Set Aside 137 SECTION 10.07. Successors and Assigns 137 SECTION 10.08. Confidentiality 141 SECTION 10.09. Setoff 142 SECTION 10.10. Interest Rate Limitation 142 SECTION 10.11. Counterparts 142 SECTION 10.12. Integration 143 SECTION 10.13. Survival of Representations and Warranties 143 SECTION 10.14. Severability 143 SECTION 10.15. [Reserved] 143 SECTION 10.16. GOVERNING LAW 143 SECTION 10.17. WAIVER OF RIGHT TO TRIAL BY JURY 144 SECTION 10.18. Binding Effect 144 SECTION 10.19. Lender Action 144 SECTION 10.20. USA PATRIOT Act 144 SCHEDULES
1. 01A Unrestricted Subsidiaries 1.01B Mortgaged Properties 1.01C Historical Adjustments
2.01 Commitments 4.01(a)(v) Local Counsel Opinions 5.01(g) Treatment Facilities 5.03 Governmental Authorization; Other Consents
Administrative Agent and Other Agents. Section 9.01 Appointment and Authority of the Administrative Agent 158188 Section 9.02 Rights as a Lender 159189 Section 9.03 Exculpatory Provisions 159176 Section 9.04 Reliance by the Agents 160178
Administrative Agent and Other Agents. 174173 Section 9.01 Appointment and Authorization of Agents. ................................................. 174173 Section 9.02
Administrative Agent and Other Agents. Appointment and Authority of the Administrative Agent .
(a) Each Lender hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article IX (other than Sections 9.09 and 9.11) are solely for the benefit of the Administrative Agent and the Lenders, and the Borrower shall not have rights as a third party beneficiary of any such provision.
(b) The Administrative Agent shall also act as the “collateral agent” under the Loan Documents, and each of the Lenders (including in its capacities as a Lender and a potential Hedge Bank and/or Cash Management Bank) hereby irrevocably appoints and authorizes the Administrative Agent to act as the agent of (and to hold any security interest created by the Collateral Documents for and on behalf of or in trust for) such Lender for purposes of acquiring, holding and enforcing any and all Liens on Collateral granted by any of the Loan Parties to secure any of the Obligations, together with such powers and discretion as are reasonably incidental thereto. In this connection, the Administrative Agent, as “collateral agent” (and any co-agents, sub-agents and attorneys-in-fact appointed by the Administrative Agent pursuant to Section 9.05 for purposes of holding or enforcing any Lien on the Collateral (or any portion thereof) granted under the Collateral Documents, or for exercising any rights and remedies thereunder at the direction of the Administrative Agent), shall be entitled to the benefits of all provisions of this Article IX (including Section 9.07, as though such co-agents, sub-agents and attorneys-in-fact were the “collateral agent” under the Loan Documents) as if set forth in full herein with respect thereto. Without limiting the generality of the foregoing, the Lenders hereby expressly authorize the Administrative Agent to execute any and all documents (including releases) with respect to the Collateral and the rights of the Secured Parties with respect thereto (including the ABL Intercreditor Agreement), as contemplated by and in accordance with the provisions of this Agreement and the Collateral Documents and acknowledge and agree that any such action by any Agent s...
Administrative Agent and Other Agents. SECTION 9.01 Appointment and Authorization of Agents 146150 SECTION 9.02 Delegation of Duties 147151
Administrative Agent and Other Agents. Section 9.01 Appointment 134 Section 9.02 The Administrative Agent in Its Individual Capacity 135 Section 9.03 Nature of Duties 135 Section 9.04 Reliance 136 Section 9.05 Delegation of Duties 136 Section 9.06 Resignation by the Administrative Agent 136 Section 9.07 Lack of Reliance on the Administrative Agent 137 Section 9.08 No Other Duties, Etc. 138 Section 9.09 Administrative Agent May File Proofs of Claim 138 Section 9.10 Collateral and Guaranty Matters 139 Section 9.11 Term Loan Secured Hedge Agreements; Intercreditor Agreements 140 Section 9.12 Withholding Tax Indemnity 141 Section 9.13 Holders 141
Administrative Agent and Other Agents. 01Appointment and Authorization of Agents.
Administrative Agent and Other Agents. SECTION 9.01 Appointment and Authorization of the Administrative Agent 186 SECTION 9.02 Rights as a Lender 187 SECTION 9.03 Exculpatory Provisions 187 SECTION 9.04 Lack of Reliance on the Administrative Agent 188 SECTION 9.05 Certain Rights of the Administrative Agent 189 SECTION 9.06 Reliance by the Administrative Agent 189 SECTION 9.07 Delegation of Duties 189 SECTION 9.08 Indemnification 190 SECTION 9.09 The Administrative Agent in Its Individual Capacity 190 SECTION 9.10 [Reserved] 190 SECTION 9.11 Resignation by the Administrative Agent 190 SECTION 9.12 Collateral Matters 192 SECTION 9.13 [Reserved] 193 SECTION 9.14 Administrative Agent May File Proofs of Claim 193 SECTION 9.15 Appointment of Supplemental Administrative Agents 194 SECTION 9.16 Intercreditor Agreements 195 SECTION 9.17 Secured Cash Management Agreements and Secured Hedge Agreements 195 SECTION 9.18 Withholding Tax 196
Administrative Agent and Other Agents. Section 9.01 Appointment and Authorization of the Administrative Agent 170176 Section 9.02 Rights as a Lender 171177 Section 9.03 Exculpatory Provisions 171177 Section 9.04 Lack of Reliance on the Administrative Agent 173179 Section 9.05 Certain Rights of the Administrative Agent 174180 Section 9.06 Reliance by the Administrative Agent 175181 Section 9.07 Delegation of Duties 176182 Section 9.08 Indemnification 176182 Section 9.09 The Administrative Agent and Collateral Agent in Their Individual Capacities 177183 Section 9.10 Structuring Advisor and Arranger 177183 Section 9.11 Resignation by the Administrative Agent 177183 Section 9.12 Collateral Matters 179185 Section 9.13 [Reserved] 180186 Section 9.14 Administrative Agent May File Proofs of Claim 180186 Section 9.15 Appointment of Supplemental Administrative Agents 181187 Section 9.16 Intercreditor Agreements 182188
