Common use of Appointment Authority Clause in Contracts

Appointment Authority. Each of the Lenders hereby irrevocably appoints Credit Suisse as the Administrative Agent and the Collateral Agent hereunder and under the other Loan Documents and authorizes Credit Suisse, in such capacities, to take such actions on its behalf and to exercise such powers as are delegated to Credit Suisse, in such capacities by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Each Agent agrees to act upon the express conditions contained in this Agreement and the other Loan Documents, as applicable. In performing its functions and duties under this Agreement, each Agent shall act solely as an agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation towards or relationship of agency or trust with or for Holdings, the Borrowers or any of their respective Subsidiaries. The provisions of this Section 8 are solely for the benefit of the Agents and the Lenders, and neither Holdings nor the Borrowers shall have rights as a third party beneficiary of any of such provisions; provided that Holdings and the Borrowers shall be obligated to perform their obligations under this Section 8.

Appears in 2 contracts

Samples: Credit Agreement (FX Real Estate & Entertainment Inc.), Credit Agreement (FX Real Estate & Entertainment Inc.)

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Appointment Authority. Each of the Lenders and the Issuing Bank hereby irrevocably appoints Credit Suisse CSFB as the Administrative Agent and the Collateral Agent hereunder and under the other Loan Documents and authorizes Credit SuisseCSFB, in such capacities, to take such actions on its behalf and to exercise such powers as are delegated to Credit Suisse, CSFB in such capacities by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. In addition, each of the Lenders and the Issuing Bank hereby irrevocably appoints WCM and LCPI as Co-Syndication Agents hereunder. The Co-Syndication Agents, each in its capacity as such, shall have no duties, obligations or liabilities of any kind hereunder. Each Agent agrees to act upon the express conditions contained in this Agreement and the other Loan Documents, as applicable. In performing its functions and duties under this Agreement, each Agent shall act solely as an agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation towards or relationship of agency or trust with or for Holdings, the Borrowers Company or any of their respective its Subsidiaries. The provisions of this Section 8 are solely for the benefit of the Agents Agents, the Lenders and the Lenders, Issuing Bank and neither Holdings nor the Borrowers Company shall not have rights as a third party beneficiary of any of such provisions; provided that Holdings and the Borrowers shall be obligated to perform their obligations under this Section 8.

Appears in 1 contract

Samples: Credit Agreement (Transportation Technologies Industries Inc)

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Appointment Authority. Each of the Lenders hereby irrevocably appoints Credit Suisse iStar Financial Inc. (“iStar”) as the Administrative Agent and the Collateral Agent hereunder and under the other Loan Documents and authorizes Credit SuisseiStar, in such capacities, to take such actions on its behalf and to exercise such powers as are delegated to Credit SuisseiStar, in such capacities capacity by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Each Agent agrees to act upon the express conditions contained in this Agreement and the other Loan Documents, as applicable. In performing its functions and duties under this Agreement, each Agent shall act solely as an agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation towards or relationship of agency or trust with or for Holdings, the Borrowers Borrower or any of their respective its Subsidiaries. The provisions of this Section 8 are solely for the benefit of the Agents Lenders and Agent and the Lenders, and neither Holdings nor the Borrowers Borrower shall not have rights as a third party beneficiary beneficiaries of any of such provisions; provided that Holdings and the Borrowers shall be obligated to perform their obligations under this Section 8.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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