Appointment, etc. Each of the Lenders hereby irrevocably appoints the entity named as Administrative Agent in the heading of this Agreement and its successors and assigns to serve as the administrative agent under the Loan Documents and each Lender 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, together with such actions and powers as are reasonably incidental thereto. Without limiting the foregoing, each Lender hereby authorizes the Administrative Agent to execute and deliver, and to perform its obligations under, each of the Loan Documents to which the Administrative Agent is a party, and to exercise all rights, powers and remedies that the Administrative Agent may have under such Loan Documents. The bank serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder. The Administrative Agent shall not have any duties or obligations except those expressly set forth herein. Without limiting the generality of the foregoing, (a) the Administrative Agent shall not be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing (and it is understood and agreed that the use of the term “agent” (or any similar term) herein or in any other Loan Document with reference to the Administrative Agent is not intended to connote any fiduciary duty or other implied (or express) obligations arising under agency doctrine of any applicable law, and that such term is used as a matter of market custom and is intended to create or reflect only an administrative relationship between contracting parties); and each Lender agrees that it will not assert any claim against the Administrative Agent based on an alleged breach of fiduciary duty by the Administrative Agent in connection with this Agreement and/or the transactions contemplated hereby, (b) the Administrative Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby that the Administrative Age...
Appointment, etc to appoint managers, agents, officers, servants, workmen and employees for all or any of such purposes at such salaries and commissions and for such periods and on such terms as such Receiver may determine and to dismiss the same;
Appointment, etc. (a) The Junior First Lien Creditors, by their acceptance of the benefits of the US Security Agreement, the US Pledge Agreement [and the Netherlands Pledge Agreement] hereby (x) irrevocably designate General Electric Capital Corporation as Collateral Agent (and any successor Collateral Agent) to act as specified herein and in the applicable US Security Documents, (y) agree to all of the provisions of this Agreement and (z) agree to all of the provisions of the applicable US Security Documents (including, without limitation, to all of the provisions of Annex N to the US Security Agreement). Each Junior First Lien Creditor hereby irrevocably authorizes, and each holder of any Junior First Lien Obligation by the acceptance of such Junior First Lien Obligation and by the acceptance of the benefits of the applicable US Security Documents shall be deemed irrevocably to authorize, the Collateral Agent to take such action on its behalf under the provisions of this Agreement and the applicable US Security Documents and any instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties thereunder as are specifically delegated to or required of the Collateral Agent by the terms hereof or thereof and such other powers as are reasonably incidental thereto. The Collateral Agent may perform any of its duties hereunder or thereunder by or through its affiliates, agents, sub-agents or employees and such affiliates, agents, sub-agents and employees shall be afforded all of the Collateral Agent’s rights hereunder and under any US Security Document.
Appointment, etc. As of the Joinder Effective Date (as defined below), the New Issuer is hereby appointed as an Issuer (and the New Issuer hereby accepts its appointment as an Issuer) under the Letter of Credit Facility Agreement and agrees to be bound by the terms of the Letter of Credit Facility Agreement applicable to the Issuers. From and after the Joinder Effective Date, (1) the New Issuer shall have all the rights, powers and duties of an Issuer under the Letter of Credit Facility Agreement, (2) all references in the Letter of Credit Facility Agreement and the other Facility Documents to the term “Issuer” or “Issuers” shall mean or include, as applicable, the New Issuer, and (3) the New Issuer shall be entitled to all of the protections, limitations and rights of an “Issuer” set forth in the Letter of Credit Facility Agreement and the other Facility Documents.
Appointment, etc. The Collateral Agent has been appointed to act as Collateral Agent hereunder by Lenders and, by their acceptance of the benefits hereof, the other Secured Parties. The Collateral Agent shall be obligated, and has the right hereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with this Agreement and the Credit Agreement; provided, the Collateral Agent shall, after payment in full of all Secured Obligations (other than any Remaining Obligations) and the cancellation, expiration, posting of backstop letters of credit with respect to or Cash Collateralization of all outstanding Letters of Credit, exercise, or refrain from exercising, any remedies provided for herein in accordance with the instructions of the holders of a majority of the aggregate notional amount (or, with respect to any Secured Swap Contract or Cash Management Agreement that has been terminated in accordance with its terms, the amount then due and payable (exclusive of expenses and similar payments but including any early termination payments then due) under such Secured Swap Contract or Cash Management Agreement) under all Secured Swap Contracts and Cash Management Agreements. In furtherance of the foregoing provisions of this Section, each Secured Party, by its acceptance of the benefits hereof, agrees that it has no right individually to realize upon any of the Collateral hereunder, it being understood and agreed by such Secured Party that all rights and remedies hereunder may be exercised solely by the Collateral Agent for the benefit of Secured Parties. The provisions of the Credit Agreement relating to the Collateral Agent, including the provisions relating to resignation of the Collateral Agent and the powers, duties and immunities thereof, are incorporated herein by this reference and shall survive any termination of the Credit Agreement.
Appointment, etc. (a) The Junior First Lien Creditors, by their acceptance of the benefits of the Junior First Lien Collateral Documents, hereby (x) irrevocably designate the Collateral Agent to act as specified herein and the Junior First Lien Collateral Agent to act as specified in the applicable Junior First Lien Collateral Documents, (y) agree to all of the provisions of this Agreement and (z) agree to all of the provisions of the applicable Collateral Documents. Each Junior First Lien Creditor hereby irrevocably authorizes, and each holder of any Junior First Lien Obligation by the acceptance of such Junior First Lien Obligation and by the acceptance of the benefits of the applicable Junior First Lien Collateral Documents shall be deemed irrevocably to authorize, (a) the Collateral Agent to take such action on its behalf under the provisions of this Agreement and (b) the Junior First Lien Collateral Agent to take such action on its behalf under the applicable Junior First Lien Collateral Documents and, in each case, any instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties thereunder as are specifically delegated to or required of the Collateral Agent or the Junior First Lien Collateral Agent, as applicable, by the terms hereof or thereof and such other powers as are reasonably incidental thereto. The Collateral Agent and the Junior First Lien Collateral Agent, as applicable, may perform any of its duties hereunder or thereunder by or through its affiliates, agents, sub-agents or employees and such affiliates, agents, sub-agents and employees shall be afforded all of the Collateral Agent’s or the Junior First Lien Collateral Agent’s, as applicable, rights hereunder and under any Collateral Document.
Appointment, etc. 63. [Deleted]
Appointment, etc
