Appointment of Lending Agent Sample Clauses

Appointment of Lending Agent. Each Client hereby authorizes the Lending Agent, as agent for its Funds, to lend US Securities and Foreign Securities, if any, (as hereinafter defined) held by the Lending Agent as custodian for its Funds to such borrowers as may be selected by the Lending Agent for the Program (each a “Borrower”) on a fully disclosed basis. Each Client hereby acknowledges that it is independent of the Lending Agent and that it has authority to execute this Agreement with the Lending Agent on behalf of its Funds. Each Client and the Lending Agent may mutually agree to add or delete one or more series funds covered by this Agreement by amending Schedule 1 attached hereto in writing signed by such Client and the Lending Agent.
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Appointment of Lending Agent. Each Client hereby authorizes the Lending Agent, as agent for its Funds, to lend US Securities and Foreign Securities, if any, (as hereinafter defined) held by the Lending Agent as custodian for its Funds to such borrowers as may be selected by the Lending Agent for the Program (each a “Borrower”) on a fully disclosed basis. Each Client hereby acknowledges that it is independent of the Lending Agent and that it has authority to execute this Agreement with the Lending Agent on behalf of its Funds. Each Client and the Lending Agent may mutually agree to add or delete one or more series funds covered by this Agreement by amending Schedule 1 attached hereto in writing signed by such Client and the Lending Agent. The Lending Agent shall from time to time provide each Client with a list of the Borrowers in the Program but in no event less than ten (10) days prior to making any loan of its Funds’ securities to any Borrower not previously disclosed. Each Client may, with written notice to the Lending Agent, restrict one or more Borrowers from borrowing securities from its Funds. Exhibit A attached hereto lists the Borrowers in the Program as of the date hereof.
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Appointment of Lending Agent. The Client hereby authorizes and appoints the Lending Agent, as the exclusive agent for each Fund to lend U.S. Securities and Foreign Securities (each as hereinafter defined) held by each such Fund to such borrowers as may be selected by the Lending Agent and approved in writing by the Client, for the Program (each a “Borrower”). An entity shall cease to be a Borrower for all purposes upon delivery by Client to Lending Agent of a notice to that effect. In addition, Lending Agent may terminate a Borrower’s status as such at any time. The Lending Agent shall provide the Client with a list of the Borrowers in the Program on at least a quarterly basis; provided, however, that any changes in the status of Borrowers shall be reflected on a revised list of Borrowers which will be provided by Lending Agent to Client promptly upon request. Exhibit B attached hereto lists the Borrowers in the Program as of the date hereof. Lending Agent shall use reasonable efforts to monitor the financial condition of each Borrower.
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Appointment of Lending Agent. The Client hereby authorizes the Lending Agent, as agent for the Funds, to lend US Securities and Foreign Securities, if any, (as hereinafter defined) held by the Lending Agent as custodian for the Funds to such borrowers as may be selected by the Lending Agent for the Program (each a "Borrower") on a fully disclosed basis. The Client hereby acknowledges that it is independent of the Lending Agent and that it has authority to execute this Agreement with the Lending Agent on behalf of the Funds. The Lending Agent shall from time to time provide the Client with a list of the Borrowers in the Program but in no event less than ten (10) days prior to making any loan of the Fund's securities to any Borrower not previously disclosed. The Client may, with written notice to the Lending Agent, restrict one or more Borrowers from borrowing securities from the Funds. Exhibit A attached hereto lists the Borrowers in the Program as of the date hereof. For purposes hereof and unless otherwise specified by the Lending Agent, (i) "U.S Securities" shall mean securities which are cleared and principally settled in the United States; and (ii) "Foreign Securities" shall mean securities which are cleared and principally settled outside of the United States.
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Appointment of Lending Agent. The Client, on behalf of each Fund, hereby authorizes and appoints the Lending Agent, as the exclusive agent for each Fund to lend U.S. Securities and Foreign Securities (each as hereinafter defined) held by each such Fund to such borrowers as may be selected by the Lending Agent for the Program (each a “Borrower”). The Client hereby acknowledges that it is independent of the Lending Agent and that it has authority to execute this Agreement with the Lending Agent on behalf of the Funds. The Lending Agent shall provide the Client with a list of the Borrowers in the Program from time to time but in no event less than five days prior to making any loan of a Fund’s securities to any borrower not previously disclosed. Exhibit A attached hereto lists the Borrowers which have been approved, as of the date hereof by the Client for the Funds. Exhibit A may be revised from time to time by the Lending Agent (i) to remove Borrowers;: or (ii) to add Borrowers with the prior written approval of the Client. In addition, the Client may, with written notice to the Lending Agent, restrict one or more Borrowers from borrowing securities from some or all of the Funds. For purposes hereof and unless otherwise specified by the Lending Agent, (i) “U.S. Securities” shall mean securities which are cleared and principally settled in the United States; and (ii) “Foreign Securities” shall mean securities which are cleared and principally settled outside of the United States. The Lending Agent shall evaluate and monitor the creditworthiness of Borrowers based upon credit quality standards and limits established by the Lending Agent for Borrowers in the Program from time to time.
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Appointment of Lending Agent. The Treasurer hereby authorizes and appoints securities lending agent as agent for the Fund, to lend securities of United States issuers and non-United States issuers held by the Fund to such borrowers as may be selected by Firm for the Program (each a “Borrower”). The Treasurer hereby acknowledges that it is independent of Firm and that the Treasurer has authority to execute this Agreement with Firm on behalf of the Fund. Firm shall, on a quarterly basis, provide the Treasurer with a list of the Borrowers in the Program. The Treasurer may, with written notice to Firm, restrict one or more Borrowers from borrowing securities from the Fund. Exhibit A attached hereto lists the Borrowers in the Program as of the date hereof.
Sample 1
Appointment of Lending Agent. The Client hereby authorizes and appoints the Lending Agent, as the exclusive agent for each Fund to lend U.S. Securities and Foreign Securities (each as hereinafter defined) held by each such Fund to such borrowers as may be selected by the Lending Agent for the Program (each a “Borrower”). The Client hereby acknowledges that it is independent of the Lending Agent and that it has authority to execute this Agreement with the Lending Agent on behalf of the Funds. The Lending Agent shall provide the Client with a list of the Borrowers in the Program from time to time but in no event less than five days prior to making any loan of a Fund’s securities to any borrower not previously disclosed. Exhibit A attached hereto lists
Sample 1
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Appointment of Lending Agent. The Fund hereby appoints the Lending Agent as its agent to act as set forth in this Agreement and the Lending Agent hereby accepts the appointment as the Fund's agent and agrees to so act. The Fund agrees that the Lending Agent is acting as a fully disclosed agent and not as principal in connection with the loan of Securities. The Lending Agent shall have the right to disclose the identity of the Fund of any Portfolios to any Borrower or give notice that such identity is available upon request. The Lending Agent shall have the right to appoint agents to facilitate the performance of its duties hereunder, and to discharge any such agent, in each case without prior notice to the Fund, provided that any such agent shall be bound by the terms of this Agreement and provided further that the Lending Agent shall not delegate any of its substantive securities lending duties hereunder to an agent without the prior written approval of the Fund. Any reference to Lender in this Agreement shall be deemed a reference solely to the particular Portfolio to which a given lending transaction under this Agreement relates. Under no circumstances shall the rights, obligations, or remedies with respect to a particular Portfolio constitute a right, obligation or remedy applicable to any other Portfolio. In particular and without limiting the generality of the foregoing, the parties hereto agree that: (a) any event of default regarding one Portfolio shall not create any right or obligation with respect to any other Portfolio, (b) the Lending Agent shall not have any right to set off claims of a Portfolio by applying property of any other Portfolio, and (c) no Portfolio shall have the right to set off against assets or property held by a Borrower or the Custodian for any other Portfolio.
Sample 1

Related to Appointment of Lending Agent

  • Appointment of Administrative Agent (a) Each Lender irrevocably appoints SunTrust Bank as the Administrative Agent and authorizes it to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent under this Agreement and the other Loan Documents, together with all such actions and powers that are reasonably incidental thereto. The Administrative Agent may perform any of its duties hereunder or under the other Loan Documents by or through any one or more sub-agents or attorneys-in-fact appointed by the Administrative Agent. The Administrative Agent and any such sub-agent or attorney-in-fact may perform any and all of its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions set forth in this Article shall apply to any such sub-agent or attorney-in-fact and the Related Parties of the Administrative Agent, any such sub-agent and any such attorney-in-fact and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as Administrative Agent.

  • Appointment of Calculation Agent The Issuer appoints the Calculation Agent as its agent for the purpose of calculating the redemption amount and/or, if applicable, the amount of interest in respect of the Relevant Index Linked Notes upon the terms and subject to the conditions of this Agreement. The Calculation Agent accepts such appointment.

  • Notification of Lenders Within five (5) Business Days after receiving any notice under this §7.5, the Agent will forward a copy thereof to each of the Lenders, together with copies of any certificates or other written information that accompanied such notice.

  • Replacement of Lender If the Borrower is required pursuant to Section 3.1, 3.2 or 3.5 to make any additional payment to any Lender or if any Lender’s obligation to make or continue, or to convert Floating Rate Advances into, Eurodollar Advances shall be suspended pursuant to Section 3.3 or if any Lender is a Defaulting Lender (any such Lender, an “Affected Lender”), the Borrower may elect, if such amounts continue to be charged or such suspension is still effective, to replace such Affected Lender as a Lender party to this Agreement, provided that, no Default or Unmatured Default shall have occurred and be continuing at the time of such replacement, and provided further that, concurrently with such replacement, (i) another bank or other entity which is reasonably satisfactory to the Borrower and the Agent shall agree, as of such date, to purchase for cash the Advances and other Obligations due to the Affected Lender pursuant to an Assignment Agreement (and a Defaulting Lender shall be deemed to have executed and delivered such Assignment Agreement if it fails to do so) and to become a Lender for all purposes under this Agreement and to assume all obligations of the Affected Lender to be terminated as of such date and to comply with the requirements of Section 12.3 applicable to assignments, and (ii) the Borrower shall pay to such Affected Lender in same day funds on the day of such replacement (A) all interest, fees and other amounts then accrued but unpaid to such Affected Lender by the Borrower hereunder to and including the date of termination, including without limitation payments due to such Affected Lender under Sections 3.1, 3.2 and 3.5, and (B) an amount, if any, equal to the payment which would have been due to such Lender on the day of such replacement under Section 3.4 had the Loans of such Affected Lender been prepaid on such date rather than sold to the replacement Lender.

  • Replacement of Lenders If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01, the Borrower may replace such Lender in accordance with Section 10.13.

  • Appointment of Agent GE Capital is hereby appointed to act on behalf of all Lenders as Agent under this Agreement and the other Loan Documents. The provisions of this Section 9.2 are solely for the benefit of Agent and Lenders and no Credit Party nor any other Person shall have any rights as a third party beneficiary of any of the provisions hereof. In performing its functions and duties under this Agreement and the other Loan Documents, Agent shall act solely as an 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 Credit Party or any other Person. Agent shall have no duties or responsibilities except for those expressly set forth in this Agreement and the other Loan Documents. The duties of Agent shall be mechanical and administrative in nature and Agent shall not have, or be deemed to have, by reason of this Agreement, any other Loan Document or otherwise a fiduciary relationship in respect of any Lender. Except as expressly set forth in this Agreement and the other Loan Documents, Agent shall not have any duty to disclose, and shall not be liable for failure to disclose, any information relating to any Credit Party or any of their respective Subsidiaries or any Account Debtor that is communicated to or obtained by GE Capital or any of its Affiliates in any capacity. Neither Agent nor any of its Affiliates nor any of their respective officers, directors, employees, agents or representatives shall be liable to any Lender for any action taken or omitted to be taken by it hereunder or under any other Loan Document, or in connection herewith or therewith, except for damages caused by its or their own gross negligence or willful misconduct. If Agent shall request instructions from Requisite Lenders or all affected Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Loan Document, then Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Lenders or all affected Lenders, as the case may be, and Agent shall not incur liability to any Person by reason of so refraining. Agent shall be fully justified in failing or refusing to take any action hereunder or under any other Loan Document (a) if such action would, in the opinion of Agent, be contrary to law or the terms of this Agreement or any other Loan Document, (b) if such action would, in the opinion of Agent, expose Agent to Environmental Liabilities or (c) if Agent shall not first be indemnified to its satisfaction against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of Requisite Lenders or all affected Lenders, as applicable.

  • Change of Lending Office; Replacement of Lenders (a) Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Sections 3.01(a)(ii) or (iii), 3.01(c), 3.03 or 3.04 requiring the payment of additional amounts to the Lender, such Lender will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another Applicable Lending Office for any Loans or Commitments affected by such event; provided, however, that such designation is made on such terms that such Lender and its Applicable Lending Office suffer no economic, legal or regulatory disadvantage, with the object of avoiding the consequence of the event giving rise to the operation of any such Section.

  • Appointment of Supplemental Administrative Agents (a) It is the purpose of this Agreement and the other Loan Documents that there shall be no violation of any Law of any jurisdiction denying or restricting the right of banking corporations or associations to transact business as agent or trustee in such jurisdiction. It is recognized that in case of litigation under this Agreement or any of the other Loan Documents, and in particular in case of the enforcement of any of the Loan Documents, or in case the Administrative Agent deems that by reason of any present or future Law of any jurisdiction it may not exercise any of the rights, powers or remedies granted herein or in any of the other Loan Documents or take any other action which may be desirable or necessary in connection therewith, the Administrative Agent is hereby authorized to appoint an additional individual or institution selected by the Administrative Agent in its sole discretion as a separate trustee, co-trustee, administrative agent, collateral agent, administrative sub-agent or administrative co-agent (any such additional individual or institution being referred to herein individually as a “Supplemental Administrative Agent” and collectively as “Supplemental Administrative Agents”).

  • Appointment of the Agent (a) Each other Finance Party appoints the Agent to act as its agent under and in connection with the Finance Documents.

  • Appointment of Borrower Representative (a) Each Borrower hereby irrevocably appoints and constitutes Borrower Representative as its agent and attorney-in-fact to request and receive Loans in the name or on behalf of such Borrower and any other Borrowers, deliver Notices of Borrowing, give instructions with respect to the disbursement of the proceeds of the Loans , giving and receiving all other notices and consents hereunder or under any of the other Financing Documents and taking all other actions (including in respect of compliance with covenants) in the name or on behalf of any Borrower or Borrowers pursuant to this Agreement and the other Financing Documents. Agent and Lenders may disburse the Loans to such bank account of Borrower Representative or a Borrower or otherwise make such Loans to a Borrower, in each case as Borrower Representative may designate or direct, without notice to any other Borrower. Notwithstanding anything to the contrary contained herein, Agent may at any time and from time to time require that Loans to or for the account of any Borrower be disbursed directly to an operating account of such Borrower.

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