Common use of Concerning the Administrative Agent Clause in Contracts

Concerning the Administrative Agent. The provisions of Article VIII of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (A) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting in accordance with written instructions from the Required Lenders or, in the absence of such instructions, in accordance with its discretion. (B) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the Pledgor.

Concerning the Administrative Agent. The provisions of Article VIII 9 of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (Aa) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder or otherwise permitted under the Credit Agreement and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including the timing and methods of realization upon the Collateral) or therein, the Administrative Agent may request instructions from the Secured Parties and shall act or refrain from acting in accordance with written instructions from the Required Lenders or, in the absence of such instructions, in accordance with its discretion. (Bb) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Grantors’ Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the CollateralInterests, whether impaired by operation of law or by reason of any action or omission to act on its part hereunderpart. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the PledgorGrantors.

Concerning the Administrative Agent. The provisions of Article VIII 7 of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement and the parties hereto in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forthspecified: (Aa) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including including, without limitation, the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting in accordance with written instructions from the Required Lenders Banks or, in the absence of such instructions, in accordance with its discretion. (Bb) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the Pledgorany Obligor.

Concerning the Administrative Agent. The provisions of Article VIII 9 of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (Aa) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder or otherwise permitted under the Credit Agreement and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including the timing and methods of realization upon the Collateral) or therein, the Administrative Agent may request instructions from the Lenders and shall act or refrain from acting in accordance with written instructions from the Required Lenders or, in the absence of such instructions, in accordance with its discretion. (Bb) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Grantors’ Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the CollateralInterests, whether impaired by operation of law or by reason of any action or omission to act on its part hereunderpart. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the PledgorGrantors.

Concerning the Administrative Agent. The provisions of Article VIII 8 of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (Aa) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including including, without limitation, the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting in accordance with written instructions from the Required Lenders or, in the absence of such instructions, in accordance with its discretion. (Bb) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the PledgorSubsidiary Borrower.

Concerning the Administrative Agent. The provisions of Article VIII 7 of the Credit Term Loan Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Term Loan Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (Aa) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including including, without limitation, the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting in accordance with written instructions from the Required Lenders Banks or, in the absence of such instructions, in accordance with its discretion. (Bb) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the PledgorBorrower.

Concerning the Administrative Agent. The provisions of Article VIII Section 11 of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (A) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including including, without limitation, the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting in accordance with written instructions from the Required Majority Lenders or, in the absence of such instructions, in accordance with its discretion. (B) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the PledgorCompany.

Concerning the Administrative Agent. The provisions of Article VIII VII of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (Aa) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including including, without limitation, the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting (i) in accordance with the request of the Required Banks or (ii) if the Loans have been declared due and payable by the Documentation Agent in accordance with Section 6.1 of the Credit Agreement, in accordance with written instructions from the Required Lenders Banks or, in the absence of such instructions, in accordance with its discretion. (Bb) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the any Pledgor.

Concerning the Administrative Agent. (a) The provisions of Article VIII 7 of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (Ab) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including including, without limitation, the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting in accordance with written instructions from the Required Lenders orLenders, or in the absence of such instructions, in accordance with its discretion. (Bc) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the Pledgorany Lien Grantor.

Concerning the Administrative Agent. The provisions of Article VIII VII of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (A) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including including, without limitation, the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting (i) in accordance with the request of the Required Banks or (ii) if the Loans have been declared due and payable by the Documentation Agent in accordance with Section 6.1 of the Credit Agreement, in accordance with written instructions from the Required Lenders Banks or, in the absence of such instructions, in accordance with its discretion. (B) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the any Pledgor.

Concerning the Administrative Agent. The provisions of Article VIII Section 11 of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forth: (A) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein (including including, without limitation, the timing and methods of realization upon the Collateral) ), the Administrative Agent shall act or refrain from acting in accordance with written instructions from the Required Majority Lenders or, in the absence of such instructions, in accordance with its discretion. (B) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the PledgorCompany.

Concerning the Administrative Agent. The provisions of Article VIII 7 of the Credit Agreement shall inure to the benefit of the Administrative Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement and the parties hereto in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Administrative Agent therein set forthspecified: (Aa) The Administrative Agent is authorized to take all such action as is provided to be taken by it as the Administrative Agent hereunder and all other action reasonably incidental thereto. As to any matters not expressly provided for herein 146 (including including, without limitation, the timing and methods of realization upon the Collateral) the Administrative Agent shall act or refrain from acting in accordance with written instructions from the Required Lenders Banks or, in the absence of such instructions, in accordance with its discretion. (Bb) The Administrative Agent shall not be responsible for the existence, genuineness or value of any of the Collateral or for the validity, perfection, priority or enforceability of the Security Interests in any of the Collateral, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms of this Agreement by the Pledgorany Obligor.