Agency Provisions. 64 10.1. Appointment...................................................................................64
Agency Provisions. Section 10.01
Agency Provisions. 68 10.1 Appointment, Powers and Immunities.................................................................68 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. (a) JPMorgan has been appointed Collateral Agent for the Credit Agreement Secured Parties pursuant to Article VII of the Credit Agreement and the Consenting Noteholders pursuant to Article II of the Intercreditor Agreement and the actions of the Collateral Agent hereunder are subject to such provisions. The Collateral Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including the release or substitution of the Collateral), in accordance with this Security Agreement, the Credit Agreement and the Intercreditor Agreement. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be liable for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith. The Collateral Agent may resign and a successor Collateral Agent may be appointed in the manner provided in the Credit Agreement and the Intercreditor Agreement. It is expressly understood and agreed by the parties to this Security Agreement that any authority conferred upon the Collateral Agent hereunder is subject to the terms of the delegation of authority made by the Secured Parties to the Collateral Agent pursuant to the Credit Agreement and the Intercreditor Agreement, and that the Collateral Agent has agreed to act (and any successor Collateral Agent shall act) as such hereunder only on the express conditions contained in Article VII of the Credit Agreement and Article II of the Intercreditor Agreement. Any successor Collateral Agent appointed pursuant to Article VII of the Credit Agreement and Article II of the Intercreditor Agreement shall be entitled to all the rights, interests and benefits of the Collateral Agent hereunder.
(b) The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if such Collateral is accorded treatment substantially equivalent to that which the Collateral Agent, in its individual capacity, accords its own property consisting of similar instruments or interests, it being understood that neither the Collateral Agent nor any of the Secured Parties shall have responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to any Pledged Collateral, whether or not the Collateral Agent or any other Secured Party has or is deemed to ...
Agency Provisions. 88 10.1 Appointment and Authorization of Agent............................................................88 10.2
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. 89 10.1 Appointment.. . . . . . . . . . . . . . . . . . . . . . . . .89 10.2
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
