Common use of Appointment and Authorization of Collateral Agent Clause in Contracts

Appointment and Authorization of Collateral Agent. Each holder of a Note hereby irrevocably (subject to Section 14.09 hereof) appoints, designates and authorizes the Collateral Agent as its agent to take such actions on its behalf under or in respect of any of the Guaranty or the Security Agreements (collectively, the "Collateral Documents") and to exercise such powers and perform such duties on its behalf as are expressly delegated to the Collateral Agent by the terms of any of the Collateral Documents, together with such powers as are reasonably incidental thereto. The Collateral Agent hereby accepts such appointment. Notwithstanding any provision to the contrary contained elsewhere herein, the Collateral Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the Collateral Agent have or be deemed to have any fiduciary relationship with any holder of a Note, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Collateral Agent. Without limiting the generality of the foregoing sentence, the use of the term "agent" herein with reference to the Collateral 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 merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties.

Appointment and Authorization of Collateral Agent. Each holder of a Note Investor hereby irrevocably (subject to Section 14.09 hereof11.9) appoints, designates and authorizes the Collateral Agent as its agent to take such actions action on its behalf under or in respect the provisions of any of the Guaranty or the Security Agreements (collectivelythis Agreement and each other Loan Document, the "Collateral Documents") and to exercise such powers and perform such duties on its behalf as are expressly delegated to the Collateral Agent it by the terms of this Agreement or any of the Collateral Documentsother Loan Document, together with such powers as are reasonably incidental thereto. The Collateral Agent hereby accepts such appointment. Notwithstanding any provision to the contrary contained elsewhere hereinherein or in any other Loan Document, the Collateral Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the Collateral Agent have or be deemed to have any fiduciary relationship with any holder of a NoteInvestor or participant, 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 Collateral Agent. Without limiting the generality of the foregoing sentence, the use of the term "agent" “Collateral Agent” herein and in the other Loan Documents with reference to the Collateral 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 merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties.

Appointment and Authorization of Collateral Agent. Each holder of a Note Secured Creditor hereby irrevocably (subject to Section 14.09 hereof) appoints, designates and authorizes BofA as the initial Collateral Agent to (i) hold as a representative (as such term is used in § 9-102(72)(E) of the Uniform Commercial Code in effect in the State of Oregon) for such Secured Creditor the security interests granted under or pursuant to the terms of the Collateral Agent as its agent to Documents and (ii) take such actions on its such Secured Creditor’s behalf under or in respect the provisions of any of the Guaranty or the Security Agreements (collectively, the "this Agreement and each Collateral Documents") Document and to exercise such powers and perform such duties on its behalf as are expressly delegated to the Collateral Agent by the terms of this Agreement or any of the Collateral DocumentsDocument, together with such powers as are reasonably incidental thereto. The Collateral Agent hereby accepts such appointment. Notwithstanding any provision to the contrary contained elsewhere hereinherein or in any Collateral Document, (1) the Collateral Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the herein or in a Collateral Agent have or be deemed to have any fiduciary relationship with any holder of a NoteDocument, and (2) no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any Collateral Document or otherwise exist against the Collateral Agent. Without limiting the generality of the foregoing sentence, the use of the term "“agent" ” herein and in the other Collateral Documents with reference to the Collateral 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 merely as a matter of market custom, and is intended to create or reflect only an administrative a collateral relationship between independent contracting parties.

Appointment and Authorization of Collateral Agent. Each holder of a Note Secured Creditor hereby irrevocably (subject to Section 14.09 hereof) appoints, designates and authorizes BofA as the initial Collateral Agent to (i) hold as a representative (as such term is used in ss. 9-102(72)(E) of the Uniform Commercial Code in effect in the State of Oregon) for such Secured Creditor the security interests granted under or pursuant to the terms of the Collateral Agent as its agent to Documents and (ii) take such actions on its such Secured Creditor's behalf under or in respect the provisions of any of the Guaranty or the Security Agreements (collectively, the "this Agreement and each Collateral Documents") Document and to exercise such powers and perform such duties on its behalf as are expressly delegated to the Collateral Agent by the terms of this Agreement or any of the Collateral DocumentsDocument, together with such powers as are reasonably incidental thereto. The Collateral Agent hereby accepts such appointment. Notwithstanding any provision to the contrary contained elsewhere hereinherein or in any Collateral Document, (1) the Collateral Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the herein or in a Collateral Agent have or be deemed to have any fiduciary relationship with any holder of a NoteDocument, and (2) no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any Collateral Document or otherwise exist against the Collateral Agent. Without limiting the generality of the foregoing sentence, the use of the term "agent" herein and in the other Collateral Documents with reference to the Collateral 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 merely as a matter of market custom, and is intended to create or reflect only an administrative a collateral relationship between independent contracting parties.

Appointment and Authorization of Collateral Agent. Each holder of a Note Hedge Provider hereby irrevocably (subject to Section 14.09 hereof9.9) appoints, designates and authorizes the Collateral Agent as its agent to take such actions action on its behalf under or in respect the provisions of any of the Guaranty or the Security Agreements (collectively, the "Collateral Documents") this Agreement and each other Hedging Facility Document and to exercise such powers and perform such duties on its behalf as are expressly delegated to the Collateral Agent it by the terms of this Agreement or any of the Collateral DocumentsHedging Facility Document, together with such powers as are reasonably incidental thereto. The Collateral Agent hereby accepts such appointment. Notwithstanding any provision to the contrary contained elsewhere hereinherein or in any other Hedging Facility Document, the Collateral Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the Collateral Agent have or be deemed to have any fiduciary relationship with any holder of a NoteHedge Provider, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Hedging Facility Document or otherwise exist against the Collateral Agent. Without limiting the generality of the foregoing sentence, the use of the term "“agent" ” herein and in the other Hedging Facility Document with reference to the Collateral 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 merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties.

Appointment and Authorization of Collateral Agent. Each holder of a Note Secured Creditor hereby irrevocably (subject to Section 14.09 hereof) appoints, designates and authorizes Xxxxx Fargo as the initial Collateral Agent to (i) hold as a representative (as such term is used in § 9-102(72)(E) of the Uniform Commercial Code in effect in the State of Oregon) for such Secured Creditor the security interests granted under or pursuant to the terms of the Collateral Agent as its agent to Documents and (ii) take such actions on its such Secured Creditor’s behalf under or in respect the provisions of any of the Guaranty or the Security Agreements (collectively, the "this Agreement and each Collateral Documents") Document and to exercise such powers and perform such duties on its behalf as are expressly delegated to the Collateral Agent by the terms of this Agreement or any of the Collateral DocumentsDocument, together with such powers as are reasonably incidental thereto. The Collateral Agent hereby accepts such appointment. Notwithstanding any provision to the contrary contained elsewhere hereinherein or in any Collateral Document, (1) the Collateral Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the herein or in a Collateral Agent have or be deemed to have any fiduciary relationship with any holder of a NoteDocument, and (2) no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any Collateral Document or otherwise exist against the Collateral Agent. Without limiting the generality of the foregoing sentence, the use of the term "“agent" ” herein and in the other Collateral Documents with reference to the Collateral 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 merely as a matter of market custom, and is intended to create or reflect only an administrative a collateral relationship between independent contracting parties.