Capacity as Agent Sample Clauses

Capacity as Agent. In performing its functions and duties under this Agreement, each Agent shall act solely as the agent of the Lenders and shall not assume, and shall not be deemed to have assumed, any obligation as agent or trustee for a Borrower or any other Person. No Agent shall be under any liability or responsibility of any kind to the Borrowers, the Lenders or to any other Person arising out of or in relation to any failure or delay in performance or breach by any Lender or Lenders or, as the case may be, by the Borrowers, any Guarantor or any other Person (other than such Agent in respect of its own gross negligence or wilful misconduct) pursuant to or in any way in connection with this Agreement.
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Capacity as Agent. In performing its functions and duties under this ----------------- Agreement, the Agent shall act solely as the agent of the Lenders and shall not assume, and shall not be deemed to have assumed, any obligation as agent or trustee for the Borrowers or any other Person. The Agent shall be under no liability or responsibility of any kind to the Borrowers, any Guarantor, any Lender or to any other Person arising out of or in relation to any failure or delay in performance or breach by any Lender or Lenders or Agent, as the case may be, by the Borrowers, any Guarantor or any other Person pursuant to or in any way in connection with this Agreement For greater certainty, the term "Agent" includes each Agent to whom any rights, powers or functions of Agent may be delegated.
Sample 1
Capacity as Agent. In performing its functions and duties under this Agreement, the Agent shall act solely as the agent of the Lenders and shall not assume, and shall not be deemed to have assumed, any obligation as agent or trustee for the Obligors or any other Person. The Agent shall be under no liability or responsibility of any kind to the Obligors, any Lender or to any other Person arising out of or in relation to any failure or delay in performance or breach by any Lender or Lenders, as the case may be, by the Obligors or any other Person pursuant to or in any way in connection with this Agreement. For greater certainty, the term “Agent” includes each Agent to whom any rights, powers or functions of Agent may be delegated.
Sample 1
Capacity as Agent. In performing its functions and duties under this ----------------- Agreement, the Agent shall act solely as the agent of the Lenders and shall not assume, and shall not be deemed to have assumed, any obligation as agent or trustee for the Borrowers, the Guarantor or any other Person. The Agent shall be under no liability or responsibility of any kind to the Borrowers, the Guarantor, any Guarantor, any Lender or to any other Person arising out of or in relation to any failure or delay in performance or breach by any Lender or Lenders or Agent, as the case may be, by the Borrowers, the Guarantor or any other Person pursuant to or in any way in connection with this Agreement. For greater certainty, the term "Agent" includes each Agent to whom any rights, powers or functions of Agent may be delegated.
Sample 1
Capacity as Agent. In performing its functions and duties under this Agreement, the Agent shall act solely as the agent of the Lenders and shall not assume, and shall not be deemed to have assumed, any obligation as agent or trustee for the Borrower or any other Person. The Agent shall not be under any liability or responsibility of any kind to the Borrower, the Lenders or to any other Person arising out of or in relation to any failure or delay in performance or breach by any other Lender or Lenders or, as the case may be, the Borrower or any other Person pursuant to or in any way in connection with this Agreement.
Sample 1
Capacity as Agent. In performing its functions and duties under this Agreement, each Agent shall act solely as the agent of the Lenders and shall not assume, and shall not be deemed to have assumed, any obligation as agent or trustee for ADM, ADC or any other Person. The Agents shall not be under any liability or responsibility of any kind to ADM, ADC, the Lenders or to any other Person arising out of or in relation to any failure or delay in performance or breach by any Lender or Lenders or, as the case may be, by ADM, ADC or any other Person pursuant to or in any way in connection with this Agreement.
Sample 1

Related to Capacity as Agent

  • Capacity as Lender The Person serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such Person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder.

  • Secured Party as Agent (a) Secured Party has been appointed to act as Secured Party hereunder by Lenders. Secured Party shall be obligated, and shall have the right hereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including, without limitation, the release or substitution of Collateral), solely in accordance with this Agreement and the Credit Agreement.

  • Capacity as Shareholder This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee of Company. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicable.

  • Appointment as Agent 1.1 The Fund hereby appoints DSC Shareholder Services Agent for the Series to provide as agent for the Fund services as Transfer Agent, Dividend Disbursing Agent and Shareholder Servicing Agent and DSC hereby accepts such appointment and agrees to provide the Fund, as its agent, the services described herein.

  • Capacity Shareholder has all requisite capacity and authority to enter into and perform his, her or its obligations under this Agreement.

  • Capacity as Stockholder Each Stockholder signs this Agreement in such Stockholder’s capacity as a stockholder of the Company, and not, if applicable, in such Stockholder’s capacity as a director, officer or employee of the Company. Notwithstanding anything herein to the contrary, nothing in this Agreement shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties in his or her capacity as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer.

  • Officers as Agents The Officers, to the extent of their powers set forth in this Agreement or otherwise vested in them by action of the Board not inconsistent with this Agreement, are agents of the Company for the purpose of the Company’s business and, subject to Section 9(j), the actions of the Officers taken in accordance with such powers shall bind the Company.

  • Directors as Agents To the extent of their powers set forth in this Agreement and subject to Section 9(j), the Directors are agents of the Company for the purpose of the Company’s business, and the actions of the Directors taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act, except as provided in this Agreement or in a resolution of the Directors, a Director may not bind the Company.

  • Capacity as a Stockholder Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parent, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the Stockholder in his or her capacity, if applicable, as an officer or director of Parent or any other Person.

  • BNY AS A FOREIGN CUSTODY MANAGER 1. The Fund on behalf of its Board hereby delegates to BNY with respect to each Specified Country the Responsibilities.

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