Common use of Appointment of Agents, Powers and Immunities Clause in Contracts

Appointment of Agents, Powers and Immunities. Each Secured Party hereby irrevocably appoints and authorizes each of the Agents, the Lead Arrangers and the Issuing Bank to act as its Agent, Lead Arrangers and the Issuing Bank hereunder and under the other Transaction Documents with such powers as are expressly delegated to such Agent, Lead Arranger and the Issuing Bank by the terms of this Agreement, together with such other powers as are reasonably incidental thereto. Neither the Agents nor the Lead Arrangers shall have any duties or responsibilities except those expressly set forth in this Agreement or in any other Transaction Document, or be a trustee for any Secured Party. Notwithstanding anything to the contrary contained herein, no Agent or Lead Arranger shall be required to take any action which is contrary to this Agreement or any other Transaction Document or applicable law. Neither the Agents, the Lead Arrangers, the Issuing Bank nor any Secured Party nor any of their respective affiliates shall be responsible to any other Secured Party for any recitals, statements, representations or warranties made by the Borrower contained in this Agreement or any other Transaction Document or in any certificate or other document referred to or provided for in, or received by any Secured Party under, this Agreement or any other Transaction Document, for the value, validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement, the Notes, the other Transaction Documents or any other document referred to or provided for herein or therein or for any failure by the Borrower to perform its obligations hereunder or thereunder. Each Agent and Lead Arranger may employ agents and attorneys-in-fact and shall not be responsible for the negligence or misconduct of any such Agents or attorneys-in-fact selected by it with reasonable care. Neither the Agents, the Lead Arrangers, the Issuing Bank nor any of their respective directors, officers, employees or agents shall be responsible for any action taken 106 or omitted to be taken by it or them hereunder or under any other Transaction Document or in connection herewith or therewith, except for its or their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

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Appointment of Agents, Powers and Immunities. Each Secured Party Lender hereby irrevocably appoints and authorizes each of the Agents, the Lead Arrangers and the Issuing Bank Agent to act as its Agent, Lead Arrangers and the Issuing Bank agent hereunder and under the other Transaction Basic Documents with such powers as are expressly delegated to such Agent, Lead Arranger and the Issuing Bank Agent by the terms of this AgreementAgreement and the other Basic Documents, together with such other powers as are reasonably incidental thereto. Neither Each Tranche A Lender hereby irrevocably appoints and authorizes the Senior Tranche Agent to act as its agent hereunder and under the other Basic Documents with such powers as are expressly delegated to the Senior Tranche Agent by the terms of this Agreement and the other Basic Documents, together with such other powers as are reasonably incidental thereto. Each Tranche B Lender and each Tranche C Lender hereby irrevocably appoints and authorizes the Junior Tranche Agent to act as its agent hereunder and under the other Basic Documents with such powers as are expressly delegated to the Junior Tranche Agent by the terms of this Agreement and the other Basic Documents, together with such other powers as are reasonably incidental thereto. The Agents nor the Lead Arrangers shall not have any duties or responsibilities except those expressly set forth in this Agreement or in any other Transaction Basic Document, or be a trustee for any Secured Partyxxxxxx. Notwithstanding anything to the contrary contained herein, no Agent or Lead Arranger the Agents shall not be required to take any action which is contrary to this Agreement or any other Transaction Basic Document or applicable law. Neither the Agents, the Lead Arrangers, the Issuing Bank Agents nor any Secured Party Lender nor any of their respective affiliates shall be responsible to any other Secured Party Lender or any other Agent for any recitals, statements, representations or warranties made by the Borrower contained in this Agreement or any other Transaction Basic Document or in any certificate or other document referred to or provided for in, or received by any Secured Party Lender under, this Agreement or any other Transaction Basic Document, for the value, validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement, the Notes, the other Transaction Basic Documents or any other document referred to or provided for herein or therein or for any failure by the Borrower to perform its obligations hereunder or thereunder. Each Agent and Lead Arranger may employ agents and attorneys-in-fact and shall not be responsible for the negligence or misconduct of any such Agents or attorneys-in-fact selected by it with reasonable care. Neither the Agents, the Lead Arrangers, the Issuing Bank nor any of their respective directors, officers, employees or agents shall be responsible for any action taken 106 or omitted to be taken by it or them hereunder or under any other Transaction Document or in connection herewith or therewith, except for its or their own gross negligence or willful misconduct.or

Appears in 1 contract

Samples: Construction and Term Loan Agreement (Cogen Technologies Inc)

Appointment of Agents, Powers and Immunities. Each Secured Party hereby irrevocably appoints and authorizes each of the Agents, the Lead Arrangers Agents and the Issuing Bank to act as its Agent, the Lead Arrangers and the Issuing Bank hereunder and under the other Transaction Documents with such powers as are expressly delegated to such Agent, the Lead Arranger Arrangers and the Issuing Bank by the terms of this Agreement, together with such other powers as are reasonably incidental thereto. Neither the Agents nor the Lead Arrangers shall have any duties or responsibilities except those expressly set forth in this Agreement or in any other Transaction Document, or be a trustee for any Secured Party. Notwithstanding anything to the contrary contained herein, no Agent or Lead Arranger shall be required to take any action which is contrary to this Agreement or any other Transaction Document or applicable law. Neither the Agents, the Lead Arrangers, the Issuing Bank nor any Secured Party nor any of their respective affiliates shall be responsible to any other Secured Party for any recitals, statements, representations or warranties made by the Borrower contained in this Agreement or any other Transaction Document or in any certificate or other document referred to or provided for in, or received by any Secured Party under, this Agreement or any other Transaction Document, for the value, validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement, the Notes, the other Transaction Documents or any other document referred to or provided for herein or therein or for any failure by the 115 Borrower to perform its obligations hereunder or thereunder. Each Agent and Lead Arranger may employ agents and attorneys-in-fact and shall not be responsible for the negligence or misconduct of any such Agents or attorneys-in-fact selected by it with reasonable care. Neither the Agents, the Lead Arrangers, the Issuing Bank nor any of their respective directors, officers, employees or agents shall be responsible for any action taken 106 or omitted to be taken by it or them hereunder or under any other Transaction Document or in connection herewith or therewith, except for its or their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

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Appointment of Agents, Powers and Immunities. Each Secured Party hereby irrevocably appoints and authorizes each of the Agents, the Lead Arrangers Agents and the Issuing Bank to act as its Agent, Lead Arrangers Agent and the Issuing Bank hereunder and under the other Transaction Documents with such powers as are expressly delegated to such Agent, Lead Arranger Agent and the Issuing Bank by the terms of this Agreement, together with such other powers as are reasonably incidental thereto. Neither the The Agents nor the Lead Arrangers shall not have any duties or responsibilities except those expressly set forth in this Agreement or in any other Transaction Document, or be a trustee for any Secured Party. Notwithstanding anything to the contrary contained herein, no Agent or Lead Arranger shall be required to take any action which is contrary to this Agreement or any other Transaction Document or applicable law. Neither the Agents, the Lead Arrangers, the Issuing Bank nor any Secured Party nor any of their respective affiliates shall be responsible to any other Secured Party for any recitals, statements, representations or warranties made by the Borrower contained in this Agreement or any other Transaction Document or in any certificate or other document referred to or provided for in, or received by any Secured Party under, this Agreement or any other Transaction Document, for the value, validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement, the Notes, the other Transaction Documents or any other document referred to or provided for herein or therein or for any failure by the Borrower to perform its obligations hereunder or thereunder. Each Agent and Lead Arranger may employ agents Agents and attorneys-in-fact and shall not be responsible for the negligence or misconduct of any such Agents or attorneys-in-fact selected by it with reasonable care. Neither the Agents, the Lead Arrangers, the Issuing Bank nor any of their respective directors, officers, employees or agents shall be responsible for any action taken 106 or omitted to be taken by it or them hereunder or under any other Transaction Document or in connection herewith or therewith, except for its or their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

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