Agent’s powers. (a) Except as specifically set out in the Transaction Documents (including clause 18.5), the Agent may exercise its Powers under the Transaction Documents:
Agent’s powers. The restrictions contained in sections 93 and 103 of the Act shall not apply to the Security and the power of sale and other powers contained in section 101 of the Act and all other enforcement powers conferred in this Debenture shall be immediately exercisable at any time after the occurrence of an Event of Default and shall be varied and extended so that the Agent shall at any such time be entitled (without prejudice to any other rights or powers of a mortgagee) to exercise any of the powers conferred upon a Receiver by Clause 10 and shall have the benefit of all the provisions of Clause 10.
Agent’s powers. The Agents are hereby irrevocably and unconditionally authorised by all the Lenders to accept, in their name and on their behalf, to agree with the Parties other than the Lenders (i) to defer for up to one month the date specified in article 7.7 (Termination) in the event that further time is required for practical reasons to implement the provisions of the Memorandum of Agreement, (ii) to defer for up to one month the date of 1 November 2004 specified in the definition of Effective Date and (iii) such adjustments as may be useful or necessary to the Partnership Structure.
Agent’s powers. Except as provided hereafter, the Agent may, in its reasonable discretion and without the consent of the Banks or any of them, with reasonably contemporaneous notice to each Bank, give or withhold any other waivers, consents and approvals, amend the Credit Documents, and exercise or refrain from exercising rights and take or refrain from taking action with respect to the Loans, the Bond, and the Credit Documents. As to any matters provided for in the preceding sentence, the Agent shall in all cases be fully protected in acting, or in refraining from acting, in accordance with the written instructions of such Majority Banks and such instructions of such Majority Banks and any action taken or failure to act pursuant thereto shall be binding on all of the Banks. Notwithstanding the foregoing, the Agent agrees that it will not, without prior notice to and the consent of all of the Banks, take any of the following actions: (a) amend any provision of the Credit Documents to change the principal amount of or extend the maturity of any of the Notes or the Bond, any commitment, or of any of the Obligors' obligations here- or thereunder or make any other material amendment or modification of the Credit Documents; (b) reduce the contractual interest rate on any of the Notes or on the Bond; (c) release any Guarantors, or release any collateral for the Loans or the Bond, unless in accordance with the provisions of the Credit Documents providing for such release; (d) change the definition of Majority Banks; (e) modify any payment schedule under the Notes or the Bond; (f) waive any material Event of Default or waive the Obligors' compliance with any financial covenant or amend any financial covenant; or (g) amend or waive the provisions of SECTION 21 of this Credit Agreement. The Agent shall, promptly after the Agent's receipt thereof, provide all of the Banks with copies of any proposed amendments, consents, or waivers with respect to the Credit Documents. The Agent shall permit the Banks, upon reasonable prior notice to the Agent, to review the Credit Documents and the other documents relating thereto in the Agent's possession (subject to any applicable confidentiality requirements binding on the Agent with respect thereto, under law, contract, or otherwise), during the Agent's normal business hours.
Agent’s powers. Subject to the limitations set forth in this Agreement, the Agent's powers include but are not limited to the power: (i) to administer, manage and service the Secured Facility; (ii) to enforce the Loan Documents; (iii) to make all decisions under the Loan Documents in connection with the day-to-day administration of the Secured Facility, any appraisals or inspections required by the Loan Documents, and other routine administration and servicing matters; (iv) to collect and receive from the Borrower or any third persons all payments of amounts due under the terms of the Loan Documents and to distribute the amounts thereof to the Banks; (v) to collect and distribute or disburse all other amounts due under the Loan Documents; (vi) to grant or withhold consents, approvals or waivers, and make any other determinations in connection with the Loan Documents; and (vii) to exercise all such powers as are incidental to any of the foregoing matters. The Agent shall hold the Collateral in its name alone, as agent for the Banks. The Agent shall hold a complete set of the Loan Documents. The Agent shall furnish to the Banks copies of material documents, including confidential ones, received from the Borrower regarding the Secured Facility, the Loan Documents and the transactions contemplated thereby. The Agent shall have no responsibility with respect to the authenticity, validity, accuracy or completeness of the information provided.
Agent’s powers. 15.4 To the fullest extent permitted by law, any right, power or discretion conferred by this Deed (either expressly or impliedly) upon a Receiver may after the security constituted by this Deed has become enforceable be exercised by the Agent in relation to any Security Asset, irrespective of whether or not it has taken possession of any Security Asset and without first appointing a Receiver or notwithstanding the appointment of a Receiver.
Agent’s powers. BankUnited, N.A., as Agent has been irrevocably appointed and authorized to take such actions and exercise such powers on behalf of the Lenders as are set forth in the Credit Agreement. Restated Agreement. This Agreement amends, restates and supercedes the Prior Security Agreement.
Agent’s powers. The Agent shall have full power and authority to manage and control the funds, and to sell, exchange, assign, transfer or otherwise dispose of all or any part, upon such terms and conditions as it may see fit, subject to the provisions of the Agent's investment policy as approved by the Agent's Board of Directors. It may invest and reinvest all or part of the Fund in such stocks, common and preferred, debentures, shares or participations in any common or mutual fund, units in common investments pools administered by the Agent, bonds, notes, or securities or other property, real or personal, within or without the State of Arkansas, as it may in its sole discretion select. It may make and change such investments from time to time and it may continue to hold any stocks, securities, or other property received by it hereunder. The Agent may determine whether any property coming into its hands shall be considered as a part of the principal or income of the Fund, and may apportion between principal and income any loss or expenditure in connection with the Fund as it may seem equitable. The Agent may register securities in the name of a nominee.
