Common use of Agents' Conflict Waivers Clause in Contracts

Agents' Conflict Waivers. (a) Wachovia acts, or may in the future act, (i) as administrative agent for Blue Ridge, (ii) as issuing and paying agent for Blue Ridge's Commercial Paper Notes, (iii) to provide credit or liquidity enhancement for the timely payment for Blue Ridge's Commercial Paper Notes and (iv) to provide other services from time to time for Blue Ridge (collectively, the "WACHOVIA ROLES"). Without limiting the generality of Sections 11.1 and 11.8, each Agent, Transferee and Liquidity Bank hereby acknowledges and consents to any and all Wachovia Roles and agrees that in connection with any Wachovia Role, Wachovia may take, or refrain from taking, any action which it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Blue Ridge, the giving of notice to Blue Ridge's Liquidity Banks of a mandatory transfer pursuant to Blue Ridge's Liquidity Agreement, and hereby acknowledges that neither Wachovia nor any of its Affiliates has any fiduciary duties hereunder to any Transferee (other than Blue Ridge) or to any of Blue Ridge's Liquidity Banks arising out of any Wachovia Roles. (b) Scotiabank and/or one of its affiliates acts, or may in the future act, (i) as administrative agent for Liberty Street, (ii) as issuing and paying agent for Liberty Street's Commercial Paper, (iii) to provide credit or liquidity enhancement for the timely payment for Liberty Street's Commercial Paper and (iv) to provide other services from time to time for Liberty Street (collectively, the "SCOTIA ROLES"). Without limiting the generality of Sections 11.1 and 11.8, each of the Agents and the Transferees hereby acknowledges and consents to any and all Scotia Roles and agrees that in connection with any Scotia Role, Scotiabank and/or its affiliates may take, or refrain from taking, any action which it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Liberty Street, the giving of notice to Liberty Street's Liquidity Banks of a mandatory transfer pursuant to Liberty Street's Liquidity Agreement, and hereby acknowledges that neither Scotiabank nor any of its Affiliates has any fiduciary duties hereunder to any Transferee or to any of Liberty Street's Liquidity Banks arising out of any Scotia Roles.

Agents' Conflict Waivers. (a) Wachovia acts, or may in the future act, (i) as administrative agent for Blue Ridge, (ii) as issuing and paying agent for Blue Ridge's Commercial Paper Notes, (iii) to provide credit or liquidity enhancement for the timely payment for Blue Ridge's Commercial Paper Notes and (iv) to provide other services from time to time for Blue Ridge (collectively, the "WACHOVIA ROLES"). Without limiting the generality of Sections SECTIONS 11.1 and AND 11.8, each Agent, Transferee Lender and Liquidity Bank hereby acknowledges and consents to any and all Wachovia Roles and agrees that in connection with any Wachovia Role, Wachovia may take, or refrain from taking, any action which it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Blue Ridge, the giving of notice to Blue Ridge's Liquidity Banks of a mandatory transfer purchase pursuant to Blue Ridge's Liquidity Agreement, and hereby acknowledges that neither Wachovia nor any of its Affiliates has any fiduciary duties hereunder to any Transferee Lender (other than Blue Ridge) or to any of Blue Ridge's Liquidity Banks arising out of any Wachovia Roles. (b) Scotiabank and/or one of its affiliates First Chicago acts, or may in the future act, (i) as administrative agent for Liberty StreetFalcon, (ii) as issuing and paying agent for Liberty StreetFalcon's Commercial Paper, (iii) to provide credit or liquidity enhancement for the timely payment for Liberty StreetFalcon's Commercial Paper and (iv) to provide other services from time to time for Liberty Street Falcon (collectively, the "SCOTIA FIRST CHICAGO ROLES"). Without limiting the generality of Sections SECTIONS 11.1 and 11.8, each of the Agents and the Transferees Lenders hereby acknowledges and consents to any and all Scotia First Chicago Roles and agrees that in connection with any Scotia First Chicago Role, Scotiabank and/or its affiliates First Chicago may take, or refrain from taking, any action which it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Liberty StreetFalcon, the giving of notice to Liberty StreetFalcon's Liquidity Banks of a mandatory transfer purchase pursuant to Liberty StreetFalcon's Liquidity Agreement, and hereby acknowledges that neither Scotiabank First Chicago nor any of its Affiliates has any fiduciary duties hereunder to any Transferee Lender (other than Falcon) or to any of Liberty StreetFalcon's Liquidity Banks arising out of any Scotia First Chicago Roles.

Agents' Conflict Waivers. (a) Wachovia acts, or may in the future act, (i) as administrative agent for Blue Ridge, (ii) as issuing and paying agent for Blue Ridge's Commercial Paper Notes, (iii) to provide credit or liquidity enhancement for the timely payment for Blue Ridge's Commercial Paper Notes and (iv) to provide other services from time to time for Blue Ridge (collectively, the "WACHOVIA ROLES"). Without limiting the generality of Sections 11.1 and 11.8, each Agent, Transferee Purchaser and Liquidity Bank hereby acknowledges and consents to any and all Wachovia Roles and agrees that in connection with any Wachovia Role, Wachovia may take, or refrain from taking, any action which it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Blue Ridge, the giving of notice to Blue Ridge's Liquidity Banks of a mandatory transfer purchase pursuant to Blue Ridge's Liquidity Agreement, and hereby acknowledges that neither Wachovia nor any of its Affiliates has any fiduciary duties hereunder to any Transferee Purchaser (other than Blue Ridge) or to any of Blue Ridge's Liquidity Banks arising out of any Wachovia Roles. (b) Scotiabank and/or one of its affiliates Bank One acts, or may in the future act, (i) as administrative agent for Liberty StreetJupiter, (ii) as issuing and paying agent for Liberty StreetJupiter's Commercial Paper, (iii) to provide credit or liquidity enhancement for the timely payment for Liberty StreetJupiter's Commercial Paper and (iv) to provide other services from time to time for Liberty Street Jupiter (collectively, the "SCOTIA BANK ONE ROLES"). Without limiting the generality of Sections 11.1 and 11.8, each of the Agents and the Transferees Purchasers hereby acknowledges and consents to any and all Scotia Bank One Roles and agrees that in connection with any Scotia Bank One Role, Scotiabank and/or its affiliates Bank One may take, or refrain from taking, any action which it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Liberty StreetJupiter, the giving of notice to Liberty StreetJupiter's Liquidity Banks of a mandatory transfer purchase pursuant to Liberty StreetJupiter's Liquidity Agreement, and hereby acknowledges that neither Scotiabank Bank One nor any of its Affiliates has any fiduciary duties hereunder to any Transferee Purchaser (other than Jupiter) or to any of Liberty StreetJupiter's Liquidity Banks arising out of any Scotia Bank One Roles.

Agents' Conflict Waivers. (a) Wachovia acts, or may in the future act, (i) as administrative agent for Blue Ridge, (ii) as issuing and paying agent for Blue Ridge's Commercial Paper Notes, (iii) to provide credit or liquidity enhancement for the timely payment for Blue Ridge's Commercial Paper Notes and (iv) to provide other services from time to time for Blue Ridge (collectively, the "WACHOVIA ROLESWachovia Roles"). Without limiting the generality of Sections 11.1 and 11.8, each Agent, Transferee Purchaser and Liquidity Bank hereby acknowledges and consents to any and all Wachovia Roles and agrees that in connection with any Wachovia Role, Wachovia may take, or refrain from taking, any action which it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Blue Ridge, the giving of notice to Blue Ridge's Liquidity Banks of a mandatory transfer purchase pursuant to Blue Ridge's Liquidity Agreement, and hereby acknowledges that neither Wachovia nor any of its Affiliates has any fiduciary duties hereunder to any Transferee Purchaser (other than Blue Ridge) or to any of Blue Ridge's Liquidity Banks arising out of any Wachovia Roles. (b) Scotiabank Fleet and/or one of its affiliates FSI acts, or may in the future act, (i) as administrative agent for Liberty StreetBlue Keel, (ii) as issuing and paying agent for Liberty StreetBlue Keel's Commercial Paper, (iii) to provide credit or liquidity enhancement for the timely payment for Liberty StreetBlue Keel's Commercial Paper and (iv) to provide other services from time to time for Liberty Street Blue Keel (collectively, the "SCOTIA ROLESFleet Roles"). Without limiting the generality of Sections 11.1 and 11.8, each of the Agents and the Transferees Purchasers hereby acknowledges and consents to any and all Scotia Fleet Roles and agrees that in connection with any Scotia Fleet Role, Scotiabank Fleet and/or its affiliates FSI may take, or refrain from taking, any action which it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Liberty StreetBlue Keel, the giving of notice to Liberty StreetBlue Keel's Liquidity Banks of a mandatory transfer purchase pursuant to Liberty StreetBlue Keel's Liquidity Agreement, and hereby acknowledges that neither Scotiabank Fleet nor any of its Affiliates has any fiduciary duties hereunder to any Transferee Purchaser or to any of Liberty StreetBlue Keel's Liquidity Banks arising out of any Scotia Fleet Roles.