Appointment and Authority of Administrative Agent. (a) Without limiting Section 9.16, each of the Lenders and the Issuing Bank hereby irrevocably appoints Xxxxx Fargo to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the Issuing Bank, and neither the Borrower nor any Subsidiary shall have rights as a third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any Applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
(b) The Administrative Agent shall also act as the “collateral agent” under the Loan Documents, and each of the Lenders (including in its capacity as a potential Hedge Bank or Cash Management Bank) and the Issuing Bank hereby irrevocably appoints and authorizes the Administrative Agent to act as the agent of such Lender and the Issuing Bank for purposes of acquiring, holding and enforcing any and all Liens on Collateral granted by any of the Loan Parties to secure any of the Secured Obligations, together with such powers and discretion as are reasonably incidental thereto (including, without limitation, to enter into additional Loan Documents or supplements to existing Loan Documents on behalf of the Secured Parties). In this connection, the Administrative Agent, as “collateral agent” and any co-agents, sub-agents and attorneys-in-fact appointed by the Administrative Agent pursuant to this Article IX for purposes of holding or enforcing any Lien on the Collateral (or any portion thereof) granted under the Security Documents, or for exercising any rights and remedies thereunder at the direction of the Administrative Agent, shall be entitled to the benefits of all provisions of Articles IX and X (including Section 10.3, as though such co-agents, sub-agents and attorneys-in-fact were the “collateral agent” under ...
Appointment and Authority of Administrative Agent. Each of the Lenders hereby irrevocably appoints JPMorgan Chase Bank, N.A. to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Except as set forth in Section 10.08, the provisions of this Section 10 are solely for the benefit of the Administrative Agent and the Lenders, and no Borrower shall have rights as a third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead, such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appointment and Authority of Administrative Agent. Subject to the terms and conditions set forth herein, the Indenture Trustee, on behalf of the Noteholders, hereby appoints the Administrative Agent to perform all of the activities set forth in Section 3 hereof. By executing this Agreement, the Administrative Agent hereby accepts such appointment.
Appointment and Authority of Administrative Agent. Each of the Lenders and each L/C Issuer hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Except as herein provided otherwise (including in Section 10.07), the provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and no Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead, such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appointment and Authority of Administrative Agent. Each of the Lenders and each L/C Issuer hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Except as herein provided otherwise (including in Section 10.07), the provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and no Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions.
Appointment and Authority of Administrative Agent. In order to expedite the various transactions contemplated by this Agreement, each Lender hereby designates and appoints Bank One to act as its agent hereunder, and authorizes Bank One to take such action on its behalf under the provisions of this Agreement and to exercise such powers and perform such duties as are expressly delegated to the Administrative Agent, as the case may be, by the terms of this Agreement or any other Loan Document, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary elsewhere in this Agreement or any other Loan Document, the Administrative Agent shall not have any duties or responsibilities, except those expressly set forth herein or therein, or any fiduciary relationship with any Lender or Borrower, and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against the Administrative Agent. At any time that no Person or Persons are acting as agent hereunder, the Borrower is authorized to deal directly with each Lender for all purposes hereunder including, without limitation, the remittances of amounts then required to be paid hereunder and, in respect to any request or the like purportedly delivered by the Majority Lenders to the Borrower. The Administrative Agent is hereby expressly authorized as agent on behalf of the Lenders, without hereby limiting any implied authority:
(a) To receive on behalf of each Lender any payment of principal or interest on the Advances paid to the Administrative Agent, and to promptly distribute to each Lender its pro rata share of all payments so received;
(b) To receive all documents and items to be furnished hereunder;
(c) To act as nominee for and on behalf of all of the Lenders in and under this Agreement and the other Loan Documents; and
(d) To arrange for the means whereby the funds of the Lenders are to be made available to the Borrower.
Appointment and Authority of Administrative Agent. The Issuer hereby appoints First Union Securities, Inc. as its Administrative Agent, for the term specified in SECTION 10 below, to supervise and perform, on the Issuer's behalf, only those management and administrative functions that are specified herein. First Union Securities, Inc. hereby agrees to supervise and perform such management and administrative functions for such term.
Appointment and Authority of Administrative Agent. Subject to the terms and conditions set forth herein, each Purchaser, CP Purchaser and Deal Agent hereby appoints Bank of America, National Association, as Administrative Agent to perform all of the activities set forth in Section 8.2 hereof. By executing this Agreement, the Administrative Agent hereby accepts such appointment.
Appointment and Authority of Administrative Agent. Pursuant to the Declaration of Trust, the Trustee appoints the Administrative Agent, as agent of the Trustee, and delegates to the Administrative Agent (with full power of sub-delegation) such power, control and authority to do any acts and things that the Administrative Agent, in its judgment and discretion (but subject to the direction and control of the Trustee and the terms of this Agreement) determines are necessary, incidental or desirable for carrying on the Trust Activities in accordance with the Trust Documents. For greater certainty, and without limiting the generality of the foregoing, these powers of the Administrative Agent include, but are not limited to, those in sections 2.3 to 2.14. The enumeration of any specific power or authority in this Agreement will not be construed as limiting any general power or authority, or any other specific power or authority, or any other power and authority necessarily incidental to the conduct of the Trust Activities.
Appointment and Authority of Administrative Agent. The Company hereby appoints the Administrative Agent as the Company's agent to provide administrative and advisory services to the Company with respect to the operations of the Company in connection with or relating to the Depositor Documents and the transactions contemplated thereby, subject to the terms and conditions hereinafter set forth, and to perform certain other services on behalf of the Company that are specified below. All such duties and services to be performed by the Administrative Agent shall be performed in a manner consistent with the terms and provisions of the Depositor Documents. The Administrative Agent hereby accepts such appointment.
