APPOINTMENT AND AUTHORITY OF AGENT. The Fund appoints the Distributor as its principal underwriter, to sell shares of the Fund's beneficial interest during the term of this Agreement. While this Agreement is in force, the Distributor agrees to use its best efforts to find purchasers for shares of the Fund. The Distributor shall sell, as agent on behalf of the Fund, the shares needed, but not more than the shares needed (except for clerical errors and errors of transmission), to fill unconditional orders placed with the Distributor, and the price which the Fund shall receive for shares so purchased shall be the net asset value used in determining the public offering price on which such orders were based. (The term "net asset value" as used in this Agreement shall have the meaning assigned to it in the Fund's Bylaws, as amended from time to time). The Distributor shall notify the Custodian of the Fund, at the end of each business day, or as soon thereafter as the orders placed with it in such period have been compiled, of the number of shares and the prices thereof which the Distributor shall have sold on behalf of the Fund. The Distributor shall use its best efforts to cause the sums due for shares ordered from the Fund to be collected or to be advanced to the Fund on behalf of the purchasers on or before the seventh business day (excluding Saturdays) after the shares have been so ordered. The agency of the Distributor shall be exclusive, except that it shall not apply to (1) shares issued in connection with the merger or consolidation of any other investment company or entity with the Fund or the non-taxable acquisition, by purchase or otherwise, of all (or substantially all) of the assets or the outstanding shares of any company by the Fund, or (2) shares which may be offered by the Fund to its shareholders for reinvestment of dividends and capital gains distributions, whether declared in cash or in shares or cash at the option of the shareholder. The Fund may suspend the sale of its shares at any time by notice to the Distributor for such period of time as the Fund deems desirable. Such a suspension of sale shall not effect a termination of this Agreement.
APPOINTMENT AND AUTHORITY OF AGENT. Each Lender Party hereby irrevocably authorizes Agent, and Agent hereby undertakes, to receive payments of principal, interest and other amounts due hereunder as specified herein and to take all other actions and to exercise such powers under the Loan Documents as are specifically delegated to Agent by the terms hereof or thereof, together with all other powers reasonably incidental thereto. The relationship of Agent to the other Lender Parties is only that of one commercial lender acting as administrative agent for others, and nothing in the Loan Documents shall be construed to constitute Agent a trustee or other fiduciary for any holder of any of the Notes or of any participation therein nor to impose on Agent duties and obligations other than those expressly provided for in the Loan Documents. With respect to any matters not expressly provided for in the Loan Documents and any matters which the Loan Documents place within the discretion of Agent, Agent shall not be required to exercise any discretion or take any action, and it may request instructions from Lenders with respect to any such matter, in which case it shall be required to act or to refrain from acting (and shall be fully protected and free from liability to all Lenders in so acting or refraining from acting) upon the instructions of Required Lenders (including itself), provided, however, that Agent shall not be required to take any action which exposes it to a risk of personal liability that it considers unreasonable or which is contrary to the Loan Documents or to applicable Law. Upon receipt by Agent from Borrower of any communication calling for action on the part of Lenders or upon notice from any other Lender Party to Agent of any Default or Event of Default, Agent shall promptly notify each other Lender Party thereof.
APPOINTMENT AND AUTHORITY OF AGENT. 1.1 Owner owns fee title to the real property identified on Exhibit A attached hereto and made a part hereof (the "Premises"). Owner hereby appoints Agent as the exclusive managing and renting agent for the Premises, and hereby authorizes Agent to exercise such powers with respect to the Premises as may be necessary for the performance of Agent's obligations under Article II, and Agent accepts such appointment on the terms and conditions hereinafter set forth for the term as provided in Article V. Agent shall have no right or authority, express or implied, to commit or otherwise obligate Owner in any manner whatsoever except to the extent specifically provided herein and agrees that it shall not hold itself out as having authority to act on behalf of Owner in any manner which is beyond the scope of authority granted to Agent in this Agreement.
APPOINTMENT AND AUTHORITY OF AGENT. Owner hereby appoints and retains Agent as the exclusive agent and representative of Owner for the purpose of operating, maintaining, and managing the Property. Owner hereby agrees to execute any and all documents reasonably necessary to confer such power to Agent. Agent hereby accepts such appointment on the terms and conditions set forth. It is expressly understood and agreed that this Agreement shall cause Agent to be, at law, an agent of Owner.
APPOINTMENT AND AUTHORITY OF AGENT a) Owner hereby appoints Agent as the sole and exclusive Agent to rent, lease, manage, collect and receipt for rents and operate the Premises. The Owner, however, retains the right to make management decisions concerning establishing parameters for new tenants, rental terms, and capital or repair expenditures as described in paragraph 4, and must advise Agent of these terms at onset of the Agreement. Agent is authorized to negotiate, prepare, and execute all leases, including renewals and extensions of leases, and to cancel and modify existing leases, utilizing Agent forms and Agreements exclusively. Owner agrees to all terms and provisions within Agent forms and Agreements pertaining to tenants and prospective tenants, and Agent may be referred to as “Landlord,” “Management,” and/or “Agent for Owner.”
APPOINTMENT AND AUTHORITY OF AGENT. (a) Except as expressly set forth in this Agreement to the contrary, each Buyex xxx appointed and designated the Agent under the Administration Agreement for the purpose of performing any action hereunder and under the other Program Documents and authorizes Agent to take such actions on its behalf and to exercise such powers as are delegated to Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. It is understood and agreed that the use of the term “agent” (or any other similar term) herein or in any other Program Document with reference to 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. LEGAL02/41245355v3
APPOINTMENT AND AUTHORITY OF AGENT. (a) Each Bank, and each subsequent holder of any Note, by its acceptance or purchase thereof, hereby appoints the Agent to serve in such capacity under this Agreement and the other Loan Documents. Each Bank, and each subsequent holder of any Note, by its acceptance thereof, hereby irrevocably authorizes the Agent: (i) to take such action on its behalf under this Agreement and the Loan Documents and to exercise such powers and to perform such duties under this Agreement and the Loan Documents as are delegated to or required by this Agreement and the Loan Documents together with all such powers as are reasonably incidental thereto, and (ii) to take such action as the Agent shall consider necessary or advisable for the protection, collection or enforcement of the Notes and the other Obligations, including, without limitation, the institution and maintenance of any action, suit, or claim for the collection and enforcement of the foregoing and the filing of proofs, claims and documents in connection therewith.
APPOINTMENT AND AUTHORITY OF AGENT. 1.1 Owner owns a shopping center (referred to as the "PREMISES"), identified on EXHIBIT A attached hereto and made a part hereof. Owner hereby appoints Agent as the sole and exclusive managing and leasing agent for the Premises, and hereby authorizes Agent to exercise such powers with respect to the Premises as may be necessary for the performance of Agent's obligations under Article II, and Agent accepts such appointment on the terms and conditions hereinafter set forth for a term as provided in Article V and agrees to manage, operate and maintain the Property in a faithful and diligent manner, subject to the terms and conditions in this Agreement. Agent shall have no right or authority, express or implied, to commit or otherwise obligate Owner in any manner whatsoever except to the extent specifically provided herein.
APPOINTMENT AND AUTHORITY OF AGENT. Each of the Secured Parties hereby irrevocably appoints CCC as its agent to act on its behalf as the Agent hereunder and authorizes the Agent to take such actions on their behalf (including without limitation the execution and delivery of this Security Agreement and acceptance of its delivery from the other parties hereto) and to exercise all rights, powers and remedies and perform the duties as are delegated to the Agent by the terms hereof and arising hereunder, together with such actions, rights, powers and remedies as are reasonably incidental thereto.
