Common use of Appointment of Administrative Agent Clause in Contracts

Appointment of Administrative Agent. Each Lender hereby designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions on its behalf under the provisions of this Agreement, the other Credit Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder by or through its agents or employees. The provisions of this Section 9.01 are solely for the benefit of the Administrative Agent, and Borrower and the other Consolidated Companies shall not have any rights as third party beneficiaries of any of the provisions hereof. In performing its functions and duties under this Agreement, the Administrative Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligations towards or relationship of agency or trust with or for the Borrower and the other Consolidated Companies.

Appointment of Administrative Agent. Each Lender hereby designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and to act as herein specified. Each Lender hereby irrevocably authorizesdesignates and appoints KeyBank, National Association, as Administrative Agent of such Lender to act as specified herein and in the other Loan Documents, and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed such Lender hereby irrevocably to authorize, authorizes the Administrative Agent to take such actions on its behalf under the provisions of this Agreementactions, the other Credit Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically expressly delegated to or required of conferred upon the Administrative Agent by the terms hereof of this Loan Agreement and thereof and the other Loan Documents, together with such other powers as are reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder by or through its agents or employeesagrees to act as such upon the express conditions contained in this Article 13. The Administrative Agent shall not have any duties or responsibilities except those expressly set forth herein or in the other Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations or liabilities shall be read into this Loan Agreement or otherwise exist against the Administrative Agent. Except as provided for in Section 13.3, the provisions of this Section 9.01 Article 13 are solely for the benefit of the Administrative AgentAgent and the Lenders, and the Borrower and the other Consolidated Companies shall not have any rights as a third party beneficiaries beneficiary of any of the provisions hereof. In performing its functions and duties under this Agreement; provided, however, the Borrower may rely on any consent, waiver, approval, certificate or instrument delivered by the Administrative Agent shall act solely as agent evidencing that the Administrative Agent has received, to the extent required hereunder, the prior approval of the Required Lenders and does not assume and shall not be deemed to have assumed any obligations towards or relationship of agency or trust with or for the Borrower and the other Consolidated CompaniesLenders.

Appointment of Administrative Agent. Each Lender hereby designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Revolving Loans and to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of any Line of Credit Revolving Note by the acceptance of a Line of Credit Revolving Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions on its behalf under the provisions of this Agreement, the other Credit Documents, and amid all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder by or through its agents or employees. The provisions of this Section 9.01 are solely for the benefit of the Administrative Agent, and Borrower and the other Consolidated Companies shall not have any rights as third party beneficiaries of any of the provisions hereof. In performing its functions and duties under this Agreement, the Administrative Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligations towards or relationship of agency or trust with or for the Borrower and the other Consolidated Companies.

Appointment of Administrative Agent. Each Lender hereby designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and to act as herein specified. Each Lender Party hereby irrevocably authorizesdesignates and appoints the Administrative Agent as administrative agent of such Lender Party under this Agreement and the other Credit Documents, and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed such Lender Party irrevocably to authorize, authorizes the Administrative Agent Agent, in such capacity, to take such actions action on its behalf under the provisions of this Agreement, Agreement and the other Credit Documents, and all other instruments and agreements referred to herein or therein, Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically expressly delegated to or required of the Administrative Agent by the terms hereof of this Agreement and thereof and the other Credit Documents, together with such other powers as are reasonably incidental thereto. The Notwithstanding any provision to the contrary elsewhere in this Agreement, the Administrative Agent may perform shall not have any of its duties hereunder by or through its agents responsibilities, except those expressly set forth herein, or employeesany fiduciary relationship with any Lender Party, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Credit Document or otherwise exist against the Administrative Agent. The Except as otherwise provided in Section 10.10, the provisions of this Section 9.01 10.1 are solely for the benefit of the Administrative Agent, Agent and Borrower each Lender Party and the other Consolidated Companies Borrower shall not have any rights claims as third a third-party beneficiaries beneficiary of any of such provisions. Each Lender Party hereby irrevocably instructs the provisions hereof. In performing its functions Administrative Agent to execute and duties under deliver this Agreement, the Administrative Agent shall act solely as agent of the Lenders other Credit Documents and does not assume and shall not be deemed to have assumed any obligations towards each other agreement, document or relationship of agency instruction contemplated hereby or trust with or for the Borrower and the other Consolidated Companiesthereby.

Appointment of Administrative Agent. Each Lender hereby designates SunTrust Bank, Central Florida, National Association as the Administrative Agent ("Administrative Agent" ") to administer all matters concerning the Line of Credit Loans and to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions on its behalf under the provisions of this Agreement, the other Credit Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder by or through its agents or employees. The provisions of this Section 9.01 10.1 are solely for the benefit of the Administrative Agent, and neither Borrower and nor any of the other Consolidated Companies shall not have any rights as third party beneficiaries of any of the provisions hereof. In performing its functions and duties under this Agreement, the Administrative Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligations towards or relationship of agency or trust with or for the Borrower and the other Consolidated Companies.

Appointment of Administrative Agent. Each Nomura is hereby appointed the Administrative Agent hereunder and under the other Loan Documents and each Lender hereby designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and authorizes Nomura to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions on its behalf under the provisions of this Agreement, the other Credit Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by in accordance with the terms hereof and thereof and such the other powers as are reasonably incidental theretoLoan Documents. The Administrative Agent may perform any of hereby agrees to act in its duties hereunder by or through its agents or employeescapacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of this Section 9.01 Article IX (other than as expressly provided herein) are solely for the benefit of the Administrative Agent, and Borrower Agent and the other Consolidated Companies Lenders and no Loan Party shall not have any rights as a third party beneficiaries beneficiary of any of the provisions hereofof this Article IX (other than as expressly provided herein). In performing its functions and duties under this Agreementhereunder, the Administrative Agent shall act solely as an agent of the Lenders and does not assume and shall not be deemed to have assumed any obligations obligation towards or relationship of agency or trust with or for any Group Member. Notwithstanding any other provision of this Agreement or any provision of any other Loan Document, each of the Borrower Arrangers and the Bookrunners are named as such for recognition purposes only, and in their respective capacities as such shall have no duties, responsibilities or liabilities with respect to this Agreement or any other Consolidated CompaniesLoan Document; it being understood and agreed that each of the Arrangers and the Bookrunners shall be entitled to all indemnification and reimbursement rights in favor of the Administrative Agent provided herein and in the other Loan Documents and all of the other benefits of this Article IX.

Appointment of Administrative Agent. Each DBCI is hereby appointed the Administrative Agent hereunder and under the other Loan Documents and each Lender hereby designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and authorizes DBCI to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions on its behalf under the provisions of this Agreement, the other Credit Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by in accordance with the terms hereof and thereof and such the other powers as are reasonably incidental theretoLoan Documents. The Administrative Agent may perform any of hereby agrees to act in its duties hereunder by or through its agents or employeescapacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of this Section 9.01 Article IX (other than as expressly provided herein) are solely for the benefit of the Administrative Agent, and Borrower Agent and the other Consolidated Companies Lenders and no Loan Party shall not have any rights as a third party beneficiaries beneficiary of any of the provisions hereofof this Article IX (other than as expressly provided herein). In performing its functions and duties under this Agreementhereunder, the Administrative Agent shall act solely as an agent of the Lenders and does not assume and shall not be deemed to have assumed any obligations obligation towards or relationship of agency or trust with or for any Group Member. Notwithstanding any other provision of this Agreement or any provision of any other Loan Document, each of the Borrower Arrangers and the Bookrunners are named as such for recognition purposes only, and in their respective capacities as such shall have no duties, responsibilities or liabilities with respect to this Agreement or any other Consolidated CompaniesLoan Document; it being understood and agreed that each of the Arrangers and the Bookrunners shall be entitled to all indemnification and reimbursement rights in favor of the Administrative Agent provided herein and in the other Loan Documents and all of the other benefits of this Article IX.

Appointment of Administrative Agent. Each Lender hereby designates SunTrust Bankappoints, Central Floridaand each Interest Rate Exchanger, National Association by its acceptance of the benefits of this Agreement and the other Loan Documents, shall be deemed to have appointed, Chase as Administrative Agent hereunder and under the "other Loan Documents and each Lender hereby authorizes, and each Interest Rate Exchanger, by its acceptance of the benefits of this Agreement and the other Loan Documents, shall be deemed to have authorized, Administrative Agent" to administer all matters concerning the Line of Credit Loans and Agent to act as herein specifiedits agent in accordance with the terms of this Agreement and the other Loan Documents, and each Interest Rate Exchanger is considered to be a "Lender" for purposes of this Section 9. Each Lender hereby irrevocably authorizes, appoints Bankers Trust Company as Syndication Agent hereunder. Agents each agree to act upon the express conditions contained in this Agreement and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions on its behalf under the provisions of this Agreement, the other Credit Loan Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder by or through its agents or employeesapplicable. The provisions of this Section 9.01 9 are solely for the benefit of the Administrative Agent, Agents and Borrower Lenders and the other Consolidated Companies no Loan Party shall not have any rights as a third party beneficiaries beneficiary of any of the provisions hereofthereof. In performing its functions and duties under this Agreement, the and other than as expressly provided for in subsection 2.1D(v), Administrative Agent shall act solely as an agent of the Lenders and does not assume and shall not be deemed to have assumed any obligations obligation towards or relationship of agency or trust with or for any Loan Party. Notwithstanding anything in the Borrower Master Assignment Agreement to the contrary, Administrative Agent hereby acknowledges that it has all of the responsibilities and the other Consolidated Companiesobligations set forth in this Agreement.

Appointment of Administrative Agent. (a) Each Lender hereby designates SunTrust Union Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and , to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions action on its behalf under the provisions of this Agreement, Agreement and the Notes and the other Credit Documents, and all other instruments and agreements referred to herein or therein, Loan Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. The Administrative Agent shall hold all Collateral and all payments of principal, interest, and Fees received pursuant to this Agreement or any Loan Document for the benefit of Lenders and the Bank Product Providers to be distributed as provided herein. Administrative Agent may perform any of its duties hereunder by or through its agents or employees. . (b) The provisions of this Section 9.01 Article 10 are solely for the benefit of the Administrative AgentAgent and Lenders, and neither Borrower and the nor any other Consolidated Companies Person shall not have any rights as a third party beneficiaries beneficiary of any of the provisions hereofhereof (other than Sections 10.9 and 10.16). In performing its functions and duties under this AgreementAgreement and the Loan Documents, the Administrative Agent shall act solely as agent the contractual representative of the Lenders and does not assume and shall not be deemed to have assumed any obligations towards obligation toward or relationship of agency or trust with or for the Borrower and the or any other Consolidated CompaniesPerson.

Appointment of Administrative Agent. Each Lender Except to the extent otherwise provided in this Agreement, the Borrower hereby designates SunTrust Bankirrevocably constitutes and appoints the Administrative Agent the true and lawful attorney of the Borrower, Central Floridawith full power (in the name of the Borrower or otherwise), National Association as to exercise all rights of the "Borrower with respect to the Collateral held for the benefit and security of the Administrative Agent in trust for the Lenders and to ask, require, demand, receive, settle, compromise, compound and give acquittance for any and all moneys and claims for moneys due and to become due under or arising out of any of the Collateral held for the benefit and security of the Lenders, to endorse any checks or other instruments or orders in connection therewith and to file any claims or take any action or institute any proceedings which the Administrative Agent may deem to be necessary or advisable in the premises. The power of attorney granted pursuant to this Agreement and all authority hereby conferred are granted and conferred solely to protect the Administrative Agent" to administer all matters concerning ’s interest in the Line of Credit Loans Collateral held for the purposes provided for herein and to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of shall not impose any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, duty upon the Administrative Agent to take such actions on its behalf under the provisions exercise any power. This power of this Agreement, the other Credit Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder attorney shall be irrevocable as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental theretoone coupled with an interest. The Administrative Agent may acknowledges such grants, accepts the trusts hereunder in accordance with the provisions hereof and agrees to perform any the duties herein to the best of its duties hereunder by or through its agents or employees. The provisions of this Section 9.01 are solely for ability to the benefit of end that the Administrative Agent, and Borrower and the other Consolidated Companies shall not have any rights as third party beneficiaries of any of the provisions hereof. In performing its functions and duties under this Agreement, the Administrative Agent shall act solely as agent interests of the Lenders may be adequately and does not assume and shall not be deemed to have assumed any obligations towards or relationship of agency or trust with or for the Borrower and the other Consolidated Companieseffectively protected.

Appointment of Administrative Agent. (a) Each Lender of the Lenders and the L/C Issuers hereby designates SunTrust irrevocably appoints Citizens Bank to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes Citizens Bank, Central Floridain such capacity, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and to act as herein specified. Each Lender hereby irrevocably authorizesits agent in accordance with the terms hereof and the other Loan Documents, including, without limitation, to make loans and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorizeOveradvances, for the Administrative Agent or on behalf of the applicable Lenders as provided in this Agreement or any other Loan Document and to take such actions on its behalf under the provisions of this Agreementperform, the other Credit Documentsexercise, and enforce any and all other instruments rights and agreements referred remedies of Lenders with respect to herein the Loan Parties, the Secured Obligations, or therein, otherwise related to any of same to the extent reasonably incidental to the exercise by the Administrative Agent of the rights and remedies specifically authorized to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of be exercised by the Administrative Agent by the terms hereof and thereof and such of this Agreement or any other powers as are reasonably incidental thereto. Loan Parties. (b) The Administrative Agent may perform any of its duties hereunder by or through its agents or employeeshereby agrees to act upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of this Section 9.01 Article IX are solely for the benefit of the Administrative AgentCredit Parties, and Borrower and the other Consolidated Companies neither any Loan Party nor any Affiliate thereof shall not have any rights as a third party beneficiaries beneficiary of any of the provisions hereofthereof. In performing its functions and duties under this Agreementhereunder, the Administrative Agent shall act solely as an agent of the Lenders other Credit Parties and does not assume assume, and shall not be deemed to have assumed assumed, any obligations towards obligation towards, or relationship of agency or trust with or for for, any of the Borrower and the other Consolidated CompaniesLoan Parties or their respective Affiliates.

Appointment of Administrative Agent. Each Lender hereby designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Revolving Loans and to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of any Line of Credit Revolving Note by the acceptance ac ceptance of a Line of Credit Revolving Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions on its behalf under the provisions of this Agreement, the other Credit Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder by or through its agents or employees. The provisions of this Section 9.01 are solely for the benefit of the Administrative Agent, and Borrower and the other Consolidated Companies shall not have any rights as third party beneficiaries of any of the provisions hereof. In performing its functions and duties under this Agreement, the Administrative Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligations towards or relationship of agency or trust with or for the Borrower and the other Consolidated Companies.

Appointment of Administrative Agent. Each Lender hereby designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and to act as herein specified. Each Lender hereby irrevocably authorizesappoints Wells Fargo as its Administrative Agent under and for the purposes of xxxx Agreement, the Term Notes and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, other Loan Document. Each Lender authorizes the Administrative Agent to take act on behalf of such actions on its behalf Lender under the provisions of this Agreement, the Term Notes and each other Credit DocumentsLoan Document and, and all in the absence of other instruments and agreements referred written instructions from the Required Lenders received from time to herein time by the Administrative Agent (with respect to which the Administrative Agent agrees that it will comply, except as otherwise provided in this Section or thereinas otherwise advised by counsel), and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and thereof, together with such other powers as are may be reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder by or through its agents or employees. The Except as set forth in Section 10.4, the provisions of this Section 9.01 Article X are solely for the benefit of the Administrative Agent, and Borrower the Collateral Agent (as applicable) and the other Consolidated Companies Lenders, and no Obligor shall not have any rights as third a third-party beneficiaries beneficiary of any of the provisions hereof. In performing its functions function and duties under this AgreementAgreement and each other Loan Document, the Administrative Agent shall act solely as agent on behalf of itself, the Collateral Agent and the Lenders and the Administrative Agent does not assume and shall not be deemed to have assumed any obligations towards obligation toward or relationship of agency or trust with or for the Borrower and the other Consolidated Companiesany Obligor.

Appointment of Administrative Agent. Each Lender hereby ----------------------------------- designates SunTrust Bank, Central Florida, National Association as the "Administrative Agent" to administer all matters concerning the Line of Credit Loans and to act as herein specified. Each Lender hereby irrevocably authorizes, and each holder of any Line of Credit Note by the acceptance of a Line of Credit Note shall be deemed irrevocably to authorize, the Administrative Agent to take such actions on its behalf under the provisions of this Agreement, the other Credit Documents, and all other instruments and agreements referred to herein or therein, and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder by or through its agents or employees. The provisions of this Section 9.01 are solely for the benefit of the Administrative Agent, and Borrower and the other Consolidated Companies shall not have any rights as third party beneficiaries of any of the provisions hereof. In performing its functions and duties under this Agreement, the Administrative Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligations towards or relationship of agency or trust with or for the Borrower and the other Consolidated Companies.