Common use of Appointment of Agent Clause in Contracts

Appointment of Agent. (i) Each Lender hereby designates LaSalle as Agent to act as herein specified. Each Lender hereby irrevocably authorizes Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section 19 (other than Section 19(i)) are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i)). In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Obligor.

Appears in 3 contracts

Samples: Loan and Security Agreement (Apac Customer Service Inc), Loan and Security Agreement (Apac Customer Service Inc), Loan and Security Agreement (Apac Customer Service Inc)

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Appointment of Agent. (i) Each Lender hereby designates LaSalle Bzinfin S.A. as Agent to act as herein specified. Each Lender hereby irrevocably authorizes Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes and any other instruments and agreements referred to herein Loan Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements other Loan Documents for the benefit of the Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) third parties and Borrower agrees to pay the reasonable fees, costs and expenses of such agents or third parties in connection with the performance of Agent’s duties hereunder. The provisions of this Section 19 (other than Section 19(i)) 10 are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor Guarantor shall have any rights as a third party beneficiary beneficiaries of any of the provisions of this Section 19 (other than Section 19(i))10. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrower.

Appears in 3 contracts

Samples: Debtor in Possession Loan Agreement (Ener1 Inc), Restructuring Agreement (Ener1 Inc), Loan Agreement (Ener1 Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note, by the acceptance of such Revolving Note, shall be deemed irrevocably to authorize the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, (other than Fees that are exclusively for the account of the Agent), charges and expenses Expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The Other than the Borrowers' rights under Section 10.9, the provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of the Agent and Lenders, the Lenders only and neither Borrower nor none of the Credit Parties or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, the Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 3 contracts

Samples: Credit Agreement (Florsheim Group Inc), Credit Agreement (Florsheim Group Inc), Credit Agreement (Imagyn Medical Technologies Inc)

Appointment of Agent. (i) Each Lender hereby designates LaSalle -------------------- SunTrust Bank, Central Florida, National Association as Agent ("Agent") to administer all matters concerning the Loans and to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note shall be deemed irrevocably to authorize, the Agent to take such action actions on its behalf under the provisions of this Agreement, the Other Agreements other Credit Documents, and the notes and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its their agents or employees. (ii) . The provisions of this Section 19 (other than Section 19(i)) 10.1 are solely for the benefit of Agent and Lendersthe Agent, and neither Borrower nor any and the other Obligor Consolidated Companies shall not have any rights as a third party beneficiary beneficiaries of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward obligations towards or relationship of agency or trust with or for any Obligorthe Borrower and the other Consolidated Companies.

Appears in 2 contracts

Samples: Revolving Credit and Line of Credit Agreement (Rotech Medical Corp), Revolving Credit and Line of Credit Agreement (Rotech Medical Corp)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note, by the acceptance of such Note, shall be deemed irrevocably to authorize the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees (other than Fees that are exclusively for the account of the Agent), charges and expenses Expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The Other than rights of the Credit Parties under SECTION 10.9, the provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of the Agent and Lenders, the Lenders only and neither Borrower nor none of the Credit Parties or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, the Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 2 contracts

Samples: Credit Agreement (Metal Management Inc), Credit Agreement (Hutchinson Products Corp)

Appointment of Agent. (i) Each Lender hereby designates LaSalle SunTrust, as Agent Agent, to administer all matters concerning the Loans and to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note shall be deemed irrevocably to authorize, the Agent to take such action actions on its behalf under the provisions of this Agreement, the Other Agreements other Credit Documents, and the notes and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (ii) . The provisions of this Section 19 (other than Section 19(i)) 10.1 are solely for the benefit of Agent and Lendersthe Agent, and neither Borrower nor any and the other Obligor Consolidated Companies shall not have any rights as a third party beneficiary beneficiaries of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward obligations towards or relationship of agency or trust with or for any Obligorthe Borrower and the other Consolidated Companies.

Appears in 2 contracts

Samples: Term Loan Agreement (Serengeti Eyewear Inc), Revolving Line of Credit and Term Loan Agreement (Solar Mates Inc)

Appointment of Agent. (i) Each MUFG Bank, Ltd. is xxxxxx appointed Administrative Agent hereunder and under the other Financing Documents and each Lender and Issuing Bank hereby designates LaSalle as Agent authorizes MUFG Bank, Ltd. to act as herein specified. Each Lender hereby irrevocably authorizes Administrative Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by in accordance with the terms hereof and thereof the other Financing Documents. The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and such the other powers Financing Documents, as are reasonably incidental theretoapplicable. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section 19 9 (other than Section 19(i)Agents) are solely for the benefit of Agent the Agents and Lenders, Lenders and neither Borrower nor any other Obligor no Loan Party shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))thereof. In performing its functions and duties under this Agreementhereunder, each Agent shall act solely as an agent of Lenders Xxxxxxx and does not assume and shall not be deemed to have assumed any obligation toward towards or relationship of agency or trust with or for Borrower or any Obligorof its Subsidiaries. Notwithstanding anything to the contrary herein, none of the Arrangers, in their capacity as such, shall have any duties, responsibilities or obligations under this Agreement or any other Financing Document nor any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Arrangers, in such capacity, but each Arranger, in such capacity, shall be entitled to all benefits of this Section 9 (Agents). Each of the Arrangers, and any Agent described in clause (d) of the definition thereof appointed to serve in a similar capacity may resign from such role at any time, with immediate effect, by giving prior written notice thereof to the Administrative Agent and the Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy, Inc.), Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

Appointment of Agent. (i) Each Lender hereby designates LaSalle appoints the Collateral Agent as Agent to act as herein specified. Each Lender the collateral agent, under this Agreement and the other Transaction Documents, and hereby irrevocably authorizes the Collateral Agent to take such action actions on each of its behalf under the provisions of this Agreement, the Other Agreements and the notes and any other instruments and agreements referred to herein and to exercise such powers rights, powers, authorities and to perform such duties hereunder privileges under this Agreement and thereunder the other Transaction Documents as are specifically expressly delegated to or required of the Collateral Agent by the terms hereof and thereof thereof. Each Lender (i) accepts the authorizations, appointments and such acknowledgements and other powers as are reasonably incidental thereto. Except as otherwise provided hereinactions taken by the Collateral Agent, Agent shall hold all Collateral and all payments on behalf of principalthe Lenders, interest, fees, charges and expenses received pursuant to in accordance with this Agreement or any and the other Transaction Documents, and (b) authorizes and directs the Collateral Agent to execute, deliver and perform each of the Other Agreements for Transaction Documents to which the benefit Collateral Agent is or is intended to be a party (including any amendments, supplements, accession agreements, acknowledgements or similar documents thereto or thereunder, provided that the consent of the Required Lenders, or all of the Lenders, as applicable, is obtained to the extent required by Section 25(c) of this Agreement). Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section 19 clause (other than Section 19(i)b) are solely for the benefit of the Collateral Agent and the Lenders, and neither Borrower none of the Company nor any other Obligor Subsidiary shall have any rights as a third third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Transaction Documents (or any other similar term) 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties. The rights, powers and obligations of the Collateral Agent are governed by the provisions of set forth in this Section 19 (other than Section 19(i)). In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Obligor7.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.), Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle Xxxxx Fargo Preferred Capital, Inc. as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note or participation, shall be deemed irrevocably to authorize Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any other instruments and agreements referred to herein Credit Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesfees (other than any fees payable solely for the account of Agent), charges and expenses received pursuant to this Agreement or any of the Other Agreements other Credit Document for the ratable benefit of LendersLenders except as otherwise provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 11 are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor Borrowers shall not have any rights as a third party beneficiary of any of the provisions hereof (except for the applicable provision of this Section 19 (other than Section 19(i11.9(a)). In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aaron's Inc), Loan and Security Agreement (CompuCredit Holdings Corp)

Appointment of Agent. (iA) Each Lender and the Issuing Bank hereby designates LaSalle ANB as Agent to act as herein specified. Each Lender and the Issuing Bank hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Letter of Credit by the acceptance of a Note or participation shall be deemed irrevocably to authorize, Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Agreement or any of the Other other Financing Agreements for the benefit of LendersLenders and the Issuing Bank to be distributed as provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iiB) The provisions of this Section 19 (other than Section 19(i)) 10 are solely for the benefit of Agent Agent, Lenders and Lendersthe Issuing Bank, and neither no Borrower nor any other Obligor shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Subsection 10.9) nor shall any Borrower have any obligations under this Section 19(i))10. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders the Issuing Bank and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp)

Appointment of Agent. (i) Each Lender hereby designates LaSalle Bank as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note, by the acceptance of such Note, shall be deemed irrevocably to authorize the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees (other than Fees that are exclusively for the account of the Agent), charges and expenses Expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The . Other than rights of the Credit Parties under Section 10.9, the provisions of this Section 19 (other than Section 19(i)) Article X are solely for the benefit of the Agent and Lenders, the Lenders only and neither Borrower nor none of the Credit Parties or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, the Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 2 contracts

Samples: Credit Agreement (Metal Management Inc), Credit Agreement (Metal Management Inc)

Appointment of Agent. (i) Each MUFG Bank, Ltd. is hereby appointed Administrative Agent hereunder and under the other Financing Documents and each Lender and Issuing Bank hereby designates LaSalle as Agent authorizes MUFG Bank, Ltd. to act as herein specified. Each Lender hereby irrevocably authorizes Administrative Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by in accordance with the terms hereof and thereof the other Financing Documents. The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and such the other powers Financing Documents, as are reasonably incidental theretoapplicable. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section 19 (other than Section 19(i)) 9 are solely for the benefit of Agent the Agents and Lenders, Lenders and neither Borrower nor any other Obligor no Credit Party shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))thereof. In performing its functions and duties under this Agreementhereunder, each Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward towards or relationship of agency or trust with or for Borrower or any Obligorof its Subsidiaries. Notwithstanding anything to the contrary herein, none of the Arrangers, in their capacity as such, shall have any duties, responsibilities or obligations under this Agreement or any other Financing Document nor any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Arrangers, in such capacity, but each Arranger, in such capacity, shall be entitled to all benefits of this Section 9. Each of the Arrangers, and any Agent described in clause (d) of the definition thereof appointed to serve in a similar capacity may resign from such role at any time, with immediate effect, by giving prior written notice thereof to Administrative Agent and Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note or participation in any Letter of Credit by the acceptance of a Revolving Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Revolving Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Wickes Lumber Co /De/)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note, by the acceptance of such Revolving Note, shall be deemed irrevocably to authorize the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, (other than Fees that are exclusively for the account of the Agent), charges and expenses Expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The Other than the Borrower's rights under Section 10.9, the provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of the Agent and Lenders, the Lenders only and neither Borrower nor none of the Credit Parties or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, the Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Venture Stores Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle DBTCo. as Agent its contractual representative to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of a Note or an L/C Participation by the acceptance of such Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements and the notes other Credit Documents and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders and the Issuing Banks to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of Agent the Agent, the Lenders and Lendersthe Issuing Banks, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)SECTION 10.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and the Issuing Banks and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Wellman Inc)

Appointment of Agent. (ia) Each Lender and each Holder hereby designates LaSalle Victory Park Management, LLC as Agent to act as herein specified. Each Lender and each Holder hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note or participation, shall be deemed irrevocably to authorize Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any other instruments and agreements referred to herein Credit Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesfees (other than any fees payable solely for the account of Agent), charges and expenses received pursuant to this Agreement or any of the Other Agreements other Credit Document for the ratable benefit of LendersLenders and Holder except as otherwise provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 11 are solely for the benefit of Agent and Lenders, Holder and neither Borrower nor any other Obligor Borrowers shall not have any rights as a third party beneficiary of any of the provisions hereof (except for the applicable provision of this Section 19 (other than Section 19(i11.9(a)). In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and Holders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrowers or Guarantors.

Appears in 1 contract

Samples: Loan Agreement (CURO Group Holdings Corp.)

Appointment of Agent. (i) Each Société Générale is hereby appointed Administrative Agent hereunder and under the other Financing Documents and each Lender and Issuing Bank hereby designates LaSalle as Agent authorizes Société Générale to act as herein specified. Each Lender hereby irrevocably authorizes Administrative Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by in accordance with the terms hereof and thereof the other Financing Documents, and Société Générale hereby accepts such appointment. Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other powers Financing Documents, as are reasonably incidental theretoapplicable. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section 19 (other than Section 19(i)) 8 are solely for the benefit of Agent the Agents and Lenders, Lenders and neither Borrower nor any other Obligor shall have any no rights as a third third-party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))thereof. In performing its functions and duties under this Agreementhereunder, each Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward towards or relationship of agency or trust with or for Borrower or any Obligorof its Subsidiaries. Notwithstanding anything to the contrary herein, none of the Arrangers, in their capacity as such, shall have any duties, responsibilities or obligations under this Agreement or any other Financing Document nor any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Arrangers, in such capacity, but each Arranger, in such capacity, shall be entitled to all benefits of this Section 8. Each of the Arrangers and any Agent described in clause (d) of the definition thereof appointed to serve in a similar capacity may resign from such role at any time, with immediate effect, by giving prior written notice thereof to Administrative Agent and Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle DBTCo as Agent its contractual representative to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of a Note or a participation interest in a Letter of Credit by the acceptance of such Note or participation interest shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements and the notes other Credit Documents and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders and the Issuing Lenders to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of Agent the Agent, the Lenders and the Issuing Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and the Issuing Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Bway Corp)

Appointment of Agent. (ia) Each Pursuant to the Loan Agreement, each Lender hereby designates LaSalle as has irrevocably appointed and authorized Agent to act as herein specified. Each Lender hereby irrevocably authorizes Agent to take such action on its behalf agent under the provisions Loan Agreement and other Operative Documents. (b) Agent shall not have any duty or obligation to manage, control, use, operate, store, lease, sell, dispose of this Agreementor otherwise deal with the Site, the Other Agreements and the notes and any other instruments and agreements referred Collateral or the Lease, or to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to otherwise take or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided hereinrefrain from taking any action under, Agent shall hold all Collateral and all payments of principalor in connection with, interest, fees, charges and expenses received pursuant to this Agreement or any related document to which Agent is a party, except as expressly provided by the terms hereof, and no implied duties of any kind shall be read into any Operative Document against Agent. The permissive right of Agent to take actions enumerated in this Agreement or any other Operative Document shall never be construed as a duty, unless Agent is instructed or directed to exercise, perform or enforce one or more rights of Lenders by the Required Lenders, unless all Lenders are required with respect to any particular matters, as set forth in any of the Other Agreements for Operating Documents (provided that Agent has -------- received indemnification reasonably satisfactory to it). No provision of the benefit Operative Documents shall require Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of Lenders. Agent may perform any of its obligations under the Operative Documents, or in the exercise of any of its rights or powers thereunder. It is understood and agreed that the duties hereunder by or through its agents or employeesof Agent are ministerial in nature. (iic) The provisions of this Section 19 (other than Section 19(i)) are solely for Except as specifically provided in the benefit of Agent and Lenders, and neither Borrower nor any other Obligor shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i)). In performing its functions and duties under this AgreementOperative Documents, Agent shall act is acting hereunder solely as agent and, except as specifically provided herein, is not responsible to any person in its individual capacity. (d) Agent may accept deposits from, lend money to and otherwise deal with any Lessee Party or any of Lenders and does their respective Affiliates with the same rights as it would have if it were not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Obligorthe named Agent hereunder.

Appears in 1 contract

Samples: Participation Agreement (Smart & Final Inc/De)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note or participation in any Letter of Credit by the acceptance of a Revolving Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Revolving Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental theretothere- to. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Riverside Group Inc/Fl)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BOT as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Facility Letter of Credit by the acceptance of such Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its such Lender's behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders to be distributed promptly as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 8 are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)8.9). In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Ameristeel Corp)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Post-Petition Revolving Note, by the acceptance of such Note, shall be deemed irrevocably to authorize the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees (other than Fees that are exclusively for the account of the Agent), charges and expenses Expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The Other than rights of the Credit Parties under SECTION 10.9, the provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of the Agent and Lenders, the Lenders only and neither Borrower nor none of the Credit Parties or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, the Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Post Petition Credit Agreement (Metal Management Inc)

Appointment of Agent. (iA) Each Lender hereby designates LaSalle BTCo as Agent its contractual representative to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of a Note or a participation interest in a Letter of Credit by the acceptance of such Note or participation interest shall be deemed irrevocably to authorize, Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements and the notes other Credit Documents and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders and the Issuing Lenders to be distributed as provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iiB) The provisions of this Section 19 Article 10 (other than Section 19(i)SECTIONS 10.9 and 10.10, respectively) are solely for the benefit of Agent Agent, the Lenders and the Issuing Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)SECTION 10.9). In performing its functions and duties under this Credit Agreement, Agent shall act solely as agent of the Lenders and the Issuing Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Weider Nutrition International Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle First Union as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Letter of Credit by the acceptance of a Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) ARTICLE XIII are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Borrowers shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)SECTION 13.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrower.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

Appointment of Agent. (i) Each Lender hereby designates LaSalle SunTrust Central Florida, National Association as Agent the "Agent" to administer all matters concerning the Loans and to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note shall be deemed irrevocably to authorize, the Agent to take such action actions on its behalf under the provisions of this Agreement, the Other Agreements other Credit Documents, and the notes and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (ii) . The provisions of this Section 19 (other than Section 19(i)) 10.01 are solely for the benefit of Agent and Lendersthe Agent, and neither Borrower nor any and the other Obligor Consolidated Companies shall not have any rights as a third party beneficiary beneficiaries of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward obligations towards or relationship of agency or trust with or for any Obligorthe Borrower and the other Consolidated Companies.

Appears in 1 contract

Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)

Appointment of Agent. (iA) Each Lender hereby designates LaSalle ANB as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Letter of Credit by the acceptance of a Note or participation shall be deemed irrevocably to authorize, Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Agreement or any of the Other other Financing Agreements for the benefit of LendersLenders and the Issuing Bank to be distributed as provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iiB) The provisions of this Section 19 (other than Section 19(i)) 10 are solely for the benefit of Agent Agent, Lenders and Lendersthe Issuing Bank, and neither no Borrower nor any other Obligor shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Subsection 10.9) nor shall any Borrower have any obligations under this Section 19(i))10. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Abc Rail Products Corp)

Appointment of Agent. (i) a. Each Lender hereby designates LaSalle FGI as Agent agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any participation by acceptance thereof, shall be deemed irrevocably to authorize Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements and the notes Agreement and any other instruments and agreements referred to herein Transaction Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesfees (other than any fees payable solely for the account of Agent), charges and expenses received pursuant to this Agreement or any of the Other Agreements other Transaction Document for the ratable benefit of LendersLenders except as otherwise provided herein or in the Intercreditor Agreement. Agent may perform execute any of its duties hereunder under this Agreement or any other Transaction Document by or through its agents agents, employees or employeesattorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Agent shall not be responsible for the negligence or misconduct of any agent or attorney in fact that it selects as long as such selection was made without gross negligence or willful misconduct. (ii) b. The provisions of this Section 19 (other than Section 19(i)) Article X are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor Companies shall not have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship relatio nship of agency or trust with or for any ObligorCompanies.

Appears in 1 contract

Samples: Credit and Security Agreement

Appointment of Agent. (iA) Each Lender hereby designates LaSalle ANB as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Letter of Credit by the acceptance of a Note or participation shall be deemed irrevocably to authorize, Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Agreement or any of the Other other Financing Agreements for the benefit of LendersLenders and the Issuing Bank to be distributed as provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iiB) The provisions of this Section 19 (other than Section 19(i)) 10 are solely for the benefit of Agent Agent, Lenders and Lendersthe Issuing Bank, and neither Borrower nor any other Obligor shall not have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Subsection 10.9) nor shall Borrower have any obligations under this Section 19(i))10. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Webco Industries Inc)

Appointment of Agent. (ia) Each US Lender hereby designates LaSalle US Agent, and each Canadian Lender hereby designates Canadian Agent as Agent its contractual representative to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of a Note or an L/C Participation by the acceptance of such Note or participation shall be deemed irrevocably to authorize, the appropriate Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements and the notes other Credit Documents and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Each Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of the Lenders and the Issuing Banks to be distributed as provided herein (except that the Canadian Agent holds such items only for the benefit of the Canadian Lenders). Each Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of Agent the Agents, the Lenders and Lendersthe Issuing Banks, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)SECTION 10.9). In performing its their respective functions and duties under this Credit Agreement, Agent the Agents shall act solely as agent of the Lenders and does the Issuing Banks and do not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Grant Prideco Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle FSFP as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Letter of Credit and LC Guaranty by the acceptance of a Note or participation shall be deemed irrevocably to authorize, Agent to take such action on its behalf under the provisions of this AgreementAgreement and the Notes, the Other Agreements and the notes other Related Documents and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements other Related Documents for the benefit of Lendersthe Lenders to be distributed as provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) 15.2 are solely for the benefit of Agent and the Lenders, and neither Borrower nor any other Obligor shall not have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)). In performing its functions and duties Subsection 15.2.9) nor shall Borrower have any obligations under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorSection 15.

Appears in 1 contract

Samples: Secured Credit Agreement (Gibraltar Packaging Group Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle Xxxxx Fargo Preferred Capital, Inc. as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note or participation, shall be deemed irrevocably to authorize Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any other instruments and agreements referred to herein Credit Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesfees (other than the administrative fee payable solely for the account of Agent pursuant to Section 2.9 hereof), charges and expenses received pursuant to this Agreement or any of the Other Agreements other Credit Document for the ratable benefit of LendersLenders except as otherwise provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 11 are solely for the benefit of Agent and Lenders, and neither Borrower nor Borrowers shall not have any other Obligor shall have duties under this Section 11 or any rights as a third party beneficiary of any of the provisions hereof (except for the applicable provision of this Section 19 (other than Section 19(i11.9(a)). In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP)

Appointment of Agent. (iA) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note, by the acceptance of such Note, shall be deemed irrevocably to authorize the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iiB) The Other than the Borrowers' rights under SECTION 10.9, the provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of the Agent and Lenders, the Lenders only and neither Borrower nor none of the Borrowers or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, the Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorLender or Borrower.

Appears in 1 contract

Samples: Credit Agreement (Levitz Furniture Corp /Fl/)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BMO Bank N.A. as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note or participation, shall be deemed irrevocably to authorize Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any other instruments and agreements referred to herein Credit Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesfees (other than the administrative fee payable solely for the account of Agent pursuant to Section 2.9 hereof), charges and expenses received pursuant to this Agreement or any of the Other Agreements other Credit Document for the ratable benefit of LendersLenders except as otherwise provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 11 are solely for the benefit of Agent and Lenders, and neither Borrower nor Debtors shall not have any other Obligor shall have duties under this Section 11 or any rights as a third party beneficiary of any of the provisions hereof (except for the applicable provision of this Section 19 (other than Section 19(i11.9(a)). In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for Debtors. (c) Without limiting the generality of the foregoing, each Secured Party consents to and authorizes Agent’s execution and delivery of any ObligorPermitted Receivables Financing Intercreditor Agreement or Subordination Agreements from time to time as contemplated by the terms hereof on behalf of such Secured Party and agrees to be bound by the terms and provisions thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP)

Appointment of Agent. (i) 10.1.1 Each Lender hereby designates LaSalle Comerica as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note shall be deemed irrevocably to authorize, Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any the other instruments and agreements referred to herein Loan Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses fees received pursuant to this Agreement or any of the Other Agreements Loan Document for the benefit of LendersLenders to be distributed as provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) 10.1.2 The provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor Person shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this AgreementAgreement and the Loan Documents, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for Borrower or any Obligorother Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Roxio Inc)

Appointment of Agent. (i) Each Lender hereby designates LaSalle SunTrust Bank, Central Florida, National Association as Agent ("Agent") to administer all matters concerning the Loans and to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note shall be deemed irrevocably to authorize, the Agent to take such action actions on its behalf under the provisions of this Agreement, the Other Agreements other Credit Documents, and the notes and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its their agents or employees. (ii) . The provisions of this Section 19 (other than Section 19(i)) 10.1 are solely for the benefit of Agent and Lendersthe Agent, and neither Borrower nor any and the other Obligor Consolidated Companies shall not have any rights as a third party beneficiary beneficiaries of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward obligations towards or relationship of agency or trust with or for any Obligorthe Borrower and the other Consolidated Companies.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Planet Hollywood International Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BKB as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note or participation in any Letter of Credit by the acceptance of a Revolving Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Revolving Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Wickes Inc)

Appointment of Agent. (i) Each Lender hereby designates LaSalle SunTrust Bank, Atlanta and SunTrust Bank, Central Florida Agents, and SunTrust Bank, Atlanta as Administrative Agent ("Administrative Agent") to administer all matters concerning the Loans and to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note shall be deemed irrevocably to authorize, the Agent and Administrative Agent to take such action actions on its behalf under the provisions of this Agreement, the Other Agreements other Credit Documents, and the notes and any 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 Agent and Administrative Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Each Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Administrative Agent may perform any of its duties hereunder by or through its their agents or employees. (ii) . The provisions of this Section 19 (other than Section 19(i)) 10.01 are solely for the benefit of Agent Agents and Lendersthe Administrative Agent, and neither Borrower nor any and the other Obligor Consolidated Companies shall not have any rights as a third party beneficiary beneficiaries of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, each Agent and the Administrative Agent, as the case may be, shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward obligations towards or relationship of agency or trust with or for any Obligorthe Borrower and the other Consolidated Companies.

Appears in 1 contract

Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)

Appointment of Agent. (i) Each Lender hereby designates LaSalle STB as Agent to administer all matters concerning the Loans and to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note shall be deemed irrevocably to authorize, the Agent to take such action actions on its behalf under the provisions of this Agreement, the Other Agreements other Loan Documents and the notes and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (ii) . The provisions Lenders agree that neither the Agent nor any of this Section 19 (other than Section 19(i)) are solely its directors, officers, employees or agents shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct. The Lenders agree that the benefit Agent shall not have any duties or responsibilities, except those expressly set forth herein, or any fiduciary relationship with any of Agent and the Lenders, and neither Borrower nor any other Obligor no implied covenants, functions, responsibilities, duties, obligations or liabilities shall have any rights as a third party beneficiary of any of be read into this Agreement or otherwise be imposed upon or exist against the provisions of this Section 19 (other than Section 19(i)). In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorAgent.

Appears in 1 contract

Samples: Credit Agreement (Insituform Technologies Inc)

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Appointment of Agent. (i) Each Lender hereby designates LaSalle as Agent to act as herein specified. Each Lender hereby irrevocably authorizes Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section SECTION 19 (other than Section 19(i)) are solely for the benefit of Agent and LendersLenders (and their respective successors and assigns), and neither Borrower Parent, Borrowers, nor any other Obligor shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Obligor.

Appears in 1 contract

Samples: Loan and Security Agreement (DHB Industries Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle Wachovia as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of Loans and any Note or participation in any Letter of Credit by the acceptance of an assignment of Loans and any Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes any Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) ARTICLE XIII are solely for the benefit of the Agent and the Lenders, and neither the Borrower nor any other Obligor shall have any no rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)SECTION 13.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Obligorthe Borrower.

Appears in 1 contract

Samples: Credit Agreement (National Equipment Services Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle Wachovia as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note or participant in any Letter of Credit by the acceptance of a Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. Each Lender hereby designates Bank of America, N.A. and JPMorgan Chase Bank. N.A., as the Syndication Agents and BNP Paribas and Société Générale as the Documentation Agents. The Syndication Agents and the Documentation Agents, in such capacity, shall have no duties or obligations whatsoever under this Credit Agreement or any other Credit Document or any other document or any matter related hereto and thereto, but shall nevertheless be entitled to all the indemnities and other protection afforded to the Agent under this Article XIII. (iib) The provisions of this Section 19 (other than Section 19(i)) Article XIII are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)13.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Obligorthe Borrower.

Appears in 1 contract

Samples: Senior Secured Credit Facility (TransMontaigne Partners L.P.)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note, by the acceptance of such Note, shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The Other than the Borrowers' rights under Section 10.9, the provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of the Agent and Lenders, the Lenders only and neither Borrower nor none of the Credit Parties or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, the Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Imagyn Medical Technologies Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle DBTCo. as Agent its contractual representative to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of a Note or an L/C Participation by the acceptance of such Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements and the notes other Credit Documents and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders and the Issuing Banks to be distributed as PROVIDED herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of Agent the Agent, the Lenders and Lendersthe Issuing Banks, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)SECTION 10.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and the Issuing Banks and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle Comerica as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note by the acceptance of a Note shall be deemed irrevocably to authorize, Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any the other instruments and agreements referred to herein Loan Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral collateral and all payments of principal, interest, fees, charges and expenses Fees received pursuant to this Agreement or any of the Other Agreements Loan Document for the benefit of LendersLenders to be distributed as provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article X are solely for the benefit of Agent and Lenders, and neither Borrower Borrowers nor any other Obligor Person shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this AgreementAgreement and the Loan Documents, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for Borrowers or any Obligorother Person.

Appears in 1 contract

Samples: Revolving Credit Agreement (National Technical Systems Inc /Ca/)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle DBTCo. as Agent its contractual representative to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of a Note or an L/C Participation by the acceptance of such Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements and the notes other Credit Documents and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders and the Issuing Banks to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of Agent the Agent, the Lenders and Lendersthe Issuing Banks, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and the Issuing Banks and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Wellman Inc)

Appointment of Agent. (i) Each Société Générale is hereby appointed Administrative Agent hereunder and under the other Financing Documents and each Lender and Issuing Bank hereby designates LaSalle as Agent authorizes Société Générale to act as herein specified. Each Lender hereby irrevocably authorizes Administrative Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by in accordance with the terms hereof and thereof the other Financing Documents, and Société Générale hereby accepts such appointment. Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other powers Financing Documents, as are reasonably incidental theretoapplicable. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section 19 (other than Section 19(i)) 8 are solely for the benefit of Agent the Agents and Lenders, Lenders and neither Borrower nor any other Obligor shall have any no rights as a third third-party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))thereof. In performing its functions and duties under this Agreementhereunder, each Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward towards or relationship of agency or trust with or for Borrower or any Obligorof its Subsidiaries. Notwithstanding anything to the contrary herein, none of the Arrangers, in their capacity as such, shall have any duties, responsibilities or obligations under this Agreement or any other Financing Document nor any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Arrangers, in such capacity, but each Arranger, in such capacity, shall be entitled to all benefits of this Section 8. Each of the Arrangers, and any Agent described in clause (d) of the definition thereof appointed to serve in a similar capacity may resign from such role at any time, with immediate effect, by giving prior written notice thereof to Administrative Agent and Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cheniere Energy Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle Wachovia as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Letter of Credit by the acceptance of a Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. Each Lender hereby designates JPMorgan Chase Bank and UBS AG, Stamford Branch as the Syndication Agents and Société Générale, New York Branch and Xxxxx Fargo Foothill, LLC, as the Documentation Agents. The Syndication Agents and the Documentation Agents, in such capacity, shall have no duties or obligations whatsoever under this Credit Agreement or any other Credit Document or any other document or any matter related hereto and thereto, but shall nevertheless be entitled to all the indemnities and other protection afforded to the Agent under this Article XIII. (iib) The provisions of this Section 19 (other than Section 19(i)) Article XIII are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)13.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Obligorthe Borrower.

Appears in 1 contract

Samples: Senior Secured Working Capital Credit Facility (Transmontaigne Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle FRF as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note or Term Note or participation in any Letter of Credit by the acceptance of a Revolving Note, a Term Note, or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements Revolving Notes and the notes Term Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 11 are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)11.9). In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Wickes Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCo as Agent its contractual representative to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of a Note or a participation interest in a Letter of Credit by the acceptance of such Note or participation interest shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements and the notes other Credit Documents and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders and the Issuing Lenders to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of Agent the Agent, the Lenders and the Issuing Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and the Issuing Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Bway Corp)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle FSFP as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Letter of Credit and LC Guaranty by the acceptance of a Note or participation shall be deemed irrevocably to authorize, Agent to take such action on its behalf under the provisions of this AgreementAgreement and the Notes, the Other Agreements and the notes other Related Documents and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements other Related Documents for the benefit of LendersLenders to be distributed as provided herein. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) SECTION 15.2 are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor shall not have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)). In performing its functions and duties SUBSECTION 15.2.9) nor shall Borrower have any obligations under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorSECTION 15.

Appears in 1 contract

Samples: Secured Credit Agreement (Irwin Naturals 4 Health)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle Agent, as Agent agent on behalf of each Lender, to act as herein specified. Each Lender hereby irrevocably authorizes Agent to take such action on its each such Lender’s behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements other Loan Documents for the benefit of all Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) 11 are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor shall have any rights no right as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation or duty toward or relationship of agency or trust with or for any ObligorBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Show Me Ethanol, LLC)

Appointment of Agent. (iA) Each Lender hereby designates LaSalle FSFP as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note, by the acceptance of such Note, shall be deemed irrevocably to authorize Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, feesFees (other than Fees that are exclusively for the account of Agent), charges and expenses Expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (iiB) The Other than rights of the Credit Parties under SECTION 10.9, the provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of Agent and Lenders, the Lenders only and neither Borrower nor none of the Credit Parties or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Mikohn Gaming Corp)

Appointment of Agent. (i) DBTCA is hereby appointed Agent hereunder and under the other Loan Documents. Each Lender hereby designates LaSalle as authorizes Agent to act as herein specifiedits agent in accordance with the terms of this Agreement and the other Loan Documents. Agent agrees to act upon the express conditions contained in this Agreement and the other Loan Documents, as applicable. Each Lender Interest Rate Exchanger (i) hereby irrevocably authorizes appoints Agent to take such action on its behalf under act as agent in connection with the provisions of this applicable Lender Interest Rate Agreement, the Other Agreements it being understood and the notes agreed by each Interest Rate Exchanger that it shall have no right individually to enforce any remedy in connection with any Lender Interest Rate Agreement, and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) hereby agrees to indemnify Agent pursuant to subsection 9.4A in connection with actions taken (or not taken) by Agent in connection therewith. The provisions of this Section 19 (other than Section 19(i)) 9 are solely for the benefit of Agent and Lenders, Lenders and neither Borrower nor any other Obligor of its Subsidiaries shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))thereof. In performing its functions and duties under this Agreement, Agent (other than as provided in subsection 2.1E) shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward towards or relationship of agency or trust with or for Borrower or any Obligorof its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Joy Global Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle Fifth Third as Agent to act as herein specified. Each Lender hereby irrevocably authorizes Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Financing Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 9 are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor Representative and its Subsidiaries shall not have any rights as a third party beneficiary beneficiaries of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for Borrower Representative or any Obligorof Borrower Representative’s Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Multiband Corp)

Appointment of Agent. (iA) Each Lender hereby designates LaSalle DBTCo. as Agent its contractual representative to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of a Note or an L/C Participation by the acceptance of such Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Credit Agreement, the Other Agreements and the notes other Credit Documents and any 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 Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders and the Issuing Banks to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iiB) The provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of Agent the Agent, the Lenders and Lendersthe Issuing Banks, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)SECTION 10.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and the Issuing Banks and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Wellman Inc)

Appointment of Agent. (i) Each Lender hereby designates LaSalle appoints, and each Interest Rate Exchanger, by its acceptance of the benefits of this Agreement and the other Loan Documents, shall be deemed to have appointed, Bankers as 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, 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 and Chase as Arrangers hereunder. Agent agrees to take such action on its behalf under act upon the provisions of express conditions contained in this Agreement, the Other Agreements Agreement and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder Loan Documents, as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental theretoapplicable. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section 19 (other than Section 19(i)) 9 are solely for the benefit of Agent Agent, Arrangers, Co-Agents and Lenders, Lenders and neither Borrower nor any other Obligor no Loan Party shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))thereof. In performing its functions and duties under this Agreement, and other than as expressly provided for in subsection 2.1D(v), Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward towards or relationship of agency or trust with or for any ObligorLoan Party. Each Lender named as an Arranger hereunder shall have no 167 175 duties or responsibilities under this Agreement or any other Loan Document to any Person, other than as a Lender hereunder and thereunder.

Appears in 1 contract

Samples: Credit Agreement (Smiths Food & Drug Centers Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle DBTCo as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Note, by the acceptance of such Note, shall be deemed irrevocably to authorize the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes other Credit Documents and any other instruments and agreements referred to herein and therein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees (other than Fees that are exclusively for the account of the Agent), charges and expenses Expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The Other than rights of the Credit Parties under SECTION 10.9, the provisions of this Section 19 (other than Section 19(i)) ARTICLE 10 are solely for the benefit of the Agent and Lenders, the Lenders only and neither Borrower nor none of the Credit Parties or any other Obligor Persons shall have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this AgreementCredit Agreement and the other Credit Documents, the Agent shall act solely as agent of only for the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Metal Management Inc)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle FUNB as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note or participation in any Letter of Credit by the acceptance of a Revolving Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Revolving Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses received pursuant to this Credit Agreement or any other Credit Document for the ratable benefit of the Other Agreements for the benefit of Lenders. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article XII are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Borrowers shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)12.9). In performing its functions and duties under this Credit Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrower.

Appears in 1 contract

Samples: Credit Agreement (Penske Motorsports Inc)

Appointment of Agent. (i) Each Lender hereby designates LaSalle DCP Teletouch Lender, LLC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes and any other instruments and agreements referred to herein Loan Documents and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements other Loan Documents for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) third parties and Borrowers agree to pay the reasonable fees, costs and expenses of such agents or third parties in connection with the performance of Agent’s duties hereunder. The provisions of this Section 19 (other than Section 19(i)) 16 are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor Borrowers shall not have any rights as a third party beneficiary beneficiaries of any of the provisions of this Section 19 (other than Section 19(i))16. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Teletouch Communications Inc)

Appointment of Agent. (i) Each Lender hereby designates LaSalle Fifth Third Bank as Agent to act as herein specified. Each Lender hereby irrevocably authorizes Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Agreement and the notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided hereinherein or pursuant to the express provisions of any of the Other Agreements, Agent shall hold all Collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any of the Other Agreements for the benefit of Lenders. Agent may perform any of its duties hereunder by or through its agents or employees. (ii) The provisions of this Section 19 (other than Section 19(i)) 20 are solely for the benefit of Agent and Lenders, and neither Borrower nor any other Obligor Credit Parties shall not have any rights as a third party beneficiary of any of the provisions of this Section 19 (other than Section 19(i))hereof. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Loan and Security Agreement (Omni Energy Services Corp)

Appointment of Agent. (i) Each Lender Bank hereby designates LaSalle BLUSA as Agent to act as herein specified. Each Lender Bank hereby irrevocably authorizes authorizes, and each holder of any Note or participation in any Letter of Credit or Acceptance, by the acceptance of a Note or participation in a Letter of Credit, shall be deemed irrevocably to authorize the Agent to take such action on its behalf under the provisions of this Agreement, the Other Agreements Notes and the notes other Loan Documents and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral collateral and all payments of principal, interest, fees, charges and expenses received pursuant to this Agreement or any other Loan Document for the ratable benefit of the Other Agreements Banks based upon their Pro Rata Shares (except to the extent any of such amounts are for the benefit account of Lendersthe Agent or the Issuer). The Agent may perform any of its duties hereunder by or through its agents or employees. (ii) . The provisions of this Section 19 (other than Section 19(i)) Article 11 are solely for the benefit of the Agent and Lendersthe Banks, and neither the Borrower nor any other Obligor Guarantor shall have any rights as a third party beneficiary of any of the provisions hereof. Neither the Agent nor any of this Section 19 is directors, officers, employees or agents shall be liable as such for any action taken or omitted to be taken by it or them hereunder or under any of the other Loan Documents or in connection herewith or therewith at the request or with the approval of the Required Lenders (other than Section 19(i)or, if otherwise specifically required hereunder or thereunder, the consent of all of the Banks). In performing its functions and duties under this Agreement, the Agent shall act solely as agent of Lenders the Banks and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for the Borrower or any ObligorGuarantor.

Appears in 1 contract

Samples: Credit and Security Agreement (Delta Galil Industries LTD)

Appointment of Agent. (ia) Each Lender hereby designates LaSalle BTCC as Agent to act as herein specified. Each Lender hereby irrevocably authorizes authorizes, and each holder of any Revolving Note or participation in any Letter of Credit by the acceptance of a Revolving Note or participation shall be deemed irrevocably to authorize, the Agent to take such action on its such Lender's behalf under the provisions of this Agreement, the Other Agreements Credit Agreement and the notes Revolving Notes and any other instruments and agreements referred to herein and to exercise such powers and to perform such duties hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof and such other powers as are reasonably incidental thereto. Except as otherwise provided herein, The Agent shall hold all Collateral and all payments of principal, interest, feesFees, charges and expenses Expenses received pursuant to this Credit Agreement or any of the Other Agreements other Credit Document for the benefit of Lendersthe Lenders to be distributed as provided herein. The Agent may perform any of its duties hereunder by or through its agents or employees. (iib) The provisions of this Section 19 (other than Section 19(i)) Article 10 are solely for the benefit of the Agent and the Lenders, and neither Borrower nor any other Obligor none of the Credit Parties shall have any rights as a third party beneficiary of any of the provisions of this Section 19 hereof (other than Section 19(i)10.9). In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any ObligorCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Di Giorgio Corp)

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