Agency Provisions Sample Clauses

Agency Provisions. 64 10.1. Appointment...................................................................................64

Agency Provisions. Section 10.01

Agency Provisions. 97 10.1 Appointment, Powers and Immunities...................... 97 10.2

Agency Provisions. Authorization of Agent 117 10.2 Rights as a Lender 117 10.3 Exculpatory Provisions 118 10.4 Reliance by Agent 119 10.5 Delegation of Duties 119 10.6 Direct Payments 119 10.7 Administration of the Credit 120 10.8 Rights of Agent 123 10.9 Acknowledgements, Representations and Covenants of Lenders 123 10.10 Collective Action of the Lenders 124 10.11 Successor Agent 125 10.12 No Other Duties, Etc. 126 10.13 Defaulting Lenders 126 10.14 Reference Lenders 126 10.15 Erroneous Payments 126 10.16 Provisions Operative Between Lenders and Agent Only 129

Agency Provisions. Section 11 of this Credit Agreement and all references in this Credit Agreement to Section 11 (including all rights, interests, duties and obligations of the Administrative Agent in such capacity hereunder) shall only become effective on and after the date on which another Lender (other than HSBC) becomes party to this Credit Agreement in accordance with the terms hereof. Until such time, all references herein to the Administrative Agent and all related rights, interests, duties and obligations thereof shall be deemed to belong to and/or be a reference to HSBC, but in its capacity as the sole Lender hereunder; unless such reference to the Administrative Agent relates to the rights, interests, duties and obligations contained in Sections 2.1(d)(xii), 2.3, 2.13, 3, 4, 5 or 11, which, in such case, shall be deemed to belong to and/or be a reference to HSBC, solely in its capacity as the Administrative Agent.

Agency Provisions. (a) Each Lender and each Issuing Bank hereby irrevocably appoints the entity named as Agent in the heading of this Agreement and its successors and assigns to serve as the administrative agent and collateral agent under the Loan Documents and each Lender and each Issuing Bank authorizes the Agent to take such actions as agent on its behalf and to exercise such powers under this Agreement and the other Loan Documents as are delegated to the Agent under such agreements and to exercise such powers as are reasonably incidental thereto. Without limiting the foregoing, each Lender and each Issuing Bank hereby authorizes the Agent to execute and deliver, and to perform its obligations under, each of the Loan Documents to which the Agent is a party, and to exercise all rights, powers and remedies that the Agent may have under such Loan Documents. (b) As to any matters not expressly provided for herein and in the other Loan Documents (including enforcement or collection), the Agent shall not be required to exercise any discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the written instructions of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary, pursuant to the terms in the Loan Documents), and, unless and until revoked in writing, such instructions shall be binding upon each Lender and each Issuing Bank; provided, however, that the Agent shall not be required to take any action that (i) the Agent in good faith believes exposes it to liability unless the Agent receives an indemnification and is exculpated in a manner satisfactory to it from the Lenders and the Issuing Banks with respect to such action or (ii) is contrary to this Agreement or any other Loan Document or applicable law, including any action that may be in violation of the automatic stay under any Debtor Relief Laws or requirement of law that may affect a forfeiture, modification or termination of property of a Defaulting lender in violation of Debtor Relief Laws; provided, further, that the Agent may seek clarification or direction from the Required Lenders prior to the exercise of any such instructed action and may refrain from acting until such clarification or direction has been provided. Except as expressly set forth in the Loan Documents, the Agent shall not have any duty to disclose, and shall not be liable for the failure to disclose, any inf...

Agency Provisions. 72 11.1 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Agency Provisions. No amendment, modification, waiver or consent shall, unless in writing and signed by the Agent, as applicable, in addition to the Borrower and Required Lenders (or all the Lenders directly affected thereby or all of the Lenders, as the case may be in accordance with the provisions above), affect the rights, privileges, duties or obligations of Agent (including under the provisions of Article X) under this Agreement or any other Loan Document.

Agency Provisions. Section 9.01 Appointment and Authority 142145 Section 9.02 Rights as a Lender 142146 Section 9.03 Exculpatory Provisions 143146 Section 9.04 Reliance by Agents 144147 Section 9.05 Delegation of Duties 144147 Section 9.06 Indemnification of Agents 144147 Section 9.07 Resignation of Agents 145148 Section 9.08 Non-Reliance on Agents and Other Lenders 146149 Section 9.09 No Other Duties, etc. 146149 Section 9.10 Administrative Agent May File Proofs of Claim 146149 Section 9.11 Collateral and Guaranty Matters 147150 Section 9.12 Related Obligations 148151 Section 9.13 Withholding Tax 148151

Agency Provisions. 92 10.1 Appointment and Authorization of Agent.........................................................92 10.2