AGENTS AND BANKS. FLEET NATIONAL BANK, individually and as Administrative Agent
AGENTS AND BANKS. 21.1 The leadership of the banking syndicate is the responsibility of the “Agent”. In the course of leading the syndicate, the “Agent” will make all decisions required for a proper administration of the credit relationship in the normal course of business independently according to its reasonable discretion unless expressly provided otherwise in this Facility Agreement.
AGENTS AND BANKS. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION (formerly known as Texas Commerce Bank National Association), as Administrative Agent and as a Bank Commitment By: /s/ Xxxxx X. Xxxx ---------- ------------------------------ Xxxxx X. Xxxx Vice President $25,000,000 (including a $5,000,000 Swing Line Commitment) Address for Notices: Address: 0000 Xxxx Xxxxxx, 3rd Floor Dallas, Texas 75201 Fax No.: (000) 000-0000 Telephone No.: (000) 000-0000 Attention: Xxxxx X. Xxxx With Copies of Advance Requests To: The Chase Manhattan Bank Agency Services One Chase Xxxxxxxxx Xxxxx 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Fax No.: (000) 000-0000 Telephone No.: (000) 000-0000 Attention: Xxxxxxx Xxxxxxx THE FIRST NATIONAL BANK OF CHICAGO, as Syndication Agent and a Bank Commitment By: /s/ X. Xxxxxx ---------- --------------------------------- $25,000,000 Name: X. Xxxxxx -------------------------- Title: Managing Director -------------------------- Address for Notices: Address: 0000 Xxxx Xxxxxx, 0xx Xxxxx Xxxxxx, Xxxxx 00000 Fax No.: (000) 000-0000 Telephone No.: (000) 000-0000 Attention: Xxxx Xxxxxx XXXXXXXX XXXX XXXX, as Documentation Agent and a Bank Commitment By: /s/ Xxx Xxxxxxx ---------- --------------------------------- $25,000,000 Name: Xxx Xxxxxxx --------------------------- Title: Vice President -------------------------- Address for Notices: Address: 000 Xxxxx 0xx Xxxxxx, 00-X 08 J Xxxxxxxxxx, Xxxxxxxx 00000 Fax No.: (000) 000-0000 Telephone No.: (000) 000-0000 or (000) 000-0000 Attention: Xxxxxx X. Xxxxxx/Xxx Xxxxxxx XXX XXXXX XXXXXXXXX BANK, as Alternate Currency Agent and as a Bank Commitment By: /s/ Xxxx X. Xxxxxx ---------- --------------------------------- Name: Xxxx X. Xxxxxx Alternate Currency portion of --------------------------- CBT Commitment Title: Vice President -------------------------- Address for Notices to Chase as a Bank:
AGENTS AND BANKS. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION (formerly known as Texas Commerce Bank National Association), as Agent and as a Bank. By: /s/ Xxxx X. Xxxxxxxxx -------------------------------------------- Name: Xxxx X. Xxxxxxxxx -------------------------------------- Title: Vice President -------------------------------------
AGENTS AND BANKS. 21.1 The leadership of the banking syndicate is the responsibility of the “Agent”. In the course of leading the syndicate, the “Agent” will make all decisions required for a proper administration of the credit relationship in the normal course of business independently according to its reasonable discretion unless expressly provided otherwise in this Facility Agreement.
21.2 Each “Bank” hereby grants power of attorney to the “Agent” to represent it towards the “Borrower”, the “Sponsors” and third parties in connection with the “Loans” in the context of the provisions in the “Contract Documents”.
21.3 The “Agent” is not authorized without the prior written consent of the respective “Bank” to file a lawsuit in the name of the “Bank” or commence any other court proceedings in the name of the “Bank”.
21.4 The “Banks” hereby appoint the “Agent” as their “Security Agent” and authorize the “Agent” as such to exercise the rights and powers of attorney and make the discretionary decisions which the “Security Agent” is responsible for under the “Contract Documents”. The provisions in this Clause 21 relating to the “Agent” apply accordingly for the “Security Agent”.
21.5 To the extent legally permissible, each “Bank” hereby releases the “Agent” from the restrictions of “181 BGB with regard to the powers of attorney which are granted to the “Agent” under the “Contract Documents”.
21.6 Notwithstanding the provisions contained in this Facility Agreement on the reporting obligations, the “Agent” will forward to the “Banks” all material information and notices which the “Agent” receives from one of the other parties to this Facility Agreement.
21.7 The “Agent” will represent the interests of the “Banks” with the care of a prudent businessman. The liability of the “Agent” for actions or omissions in connection with the “Contract Documents” is limited to intentional misconduct and gross negligence.
21.8 The “Agent” acts exclusively as the leader of the syndicate of the “Banks” when performing its obligations under the “Contract Documents” and not as a representative or agent for the “Borrower”. The “Agent” is not liable to the “Borrower” or the other “Banks” for the performance of the obligations by the respective other party.
21.9 As syndicate leader for the “Banks”, the “Agent” will act through a special unit which is responsible for the leadership of the syndicate in connection with the “Contract Documents”. This unit will be treated as independent from the other departm...
AGENTS AND BANKS. THE CHASE MANHATTAN BANK (successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank National Association), as Administrative Agent and as a Bank
AGENTS AND BANKS. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION (formerly known as Texas Commerce Bank National Association), as Agent and as a Bank
