Common use of Powers and Duties Clause in Contracts

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Agent shall have only those powers, duties and responsibilities under this Agreement or any of the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunder. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Parties. No Agent shall have, by reason hereof or any of the other Loan Documents, a fiduciary relationship in respect of any Lender or any other Person; and nothing herein or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc)

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Powers and Duties. Each Lender irrevocably authorizes each the Administrative Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Documents as are specifically delegated or granted to such the Administrative Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each the Administrative Agent shall have only those powers, duties and responsibilities under this Agreement or any of the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunder. Each The Administrative Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Parties. No Agent shall have, by reason hereof or any of the other Loan Documents, a fiduciary relationship in respect of any Lender or any other Person; and nothing herein or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc)

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Agent shall have only those powers, duties and responsibilities under expressly set forth in this Agreement or any of the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, Agent or a Lender or an Issuing Bank hereunder. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Parties. No Agent shall have, by reason hereof or any of the other Loan Documents, a fiduciary relationship in respect of any Lender or any other Person; and nothing herein or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Netflix Inc), Revolving Credit Agreement (Netflix Inc), Revolving Credit Agreement (Netflix Inc)

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Each Agent shall have only those powers, duties and responsibilities under this Agreement or any of that are expressly specified herein and the other Loan Documents except in its capacity, as applicable, as and the Administrative Agent, a Lender or an Issuing Bank hereunderTransaction Document. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Partiesagents or employees. No Agent shall have, by reason hereof or any of the other Loan Documents or Transaction Documents, a fiduciary relationship or other implied (or express) obligations arising under agency doctrine of any applicable law in respect of any Lender or any other PersonLender; and nothing herein or any of the other Loan Documents or Transaction Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Documents or Transaction Documents except as expressly set forth herein or therein.

Appears in 3 contracts

Samples: Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (New Beginnings Acquisition Corp.), Reaffirmation Agreement and Omnibus Amendment Agreement (New Beginnings Acquisition Corp.)

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such Lender’s 's behalf and to exercise such powers, rights and remedies hereunder and under the other First Priority Term Loan Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Each Agent shall have only those powers, duties and responsibilities under this Agreement or any of that are expressly specified herein and in the other First Priority Term Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunderDocuments. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Partiesagents or employees. No Agent shall have, by reason hereof or any of the other First Priority Term Loan Documents, a fiduciary relationship in respect of any Lender or any other PersonLender; and nothing herein or any of the other First Priority Term Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other First Priority Term Loan Documents except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Calpine Corp), Credit and Guarantee Agreement (Delta Energy Center, LLC)

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Credit Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Each Agent shall have only those powers, duties and responsibilities under this Agreement or any of that are expressly specified herein and the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunder. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related PartiesCredit Documents. No Agent shall have, by reason hereof or any of the other Loan Credit Documents, a fiduciary relationship in respect of any Lender or any other PersonLender; and nothing herein or any of the other Loan Credit Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Credit Documents except as expressly set forth herein or therein. The Administrative Agent hereby agrees that it shall (i) furnish to each Arranger, upon request, a copy of the Register, and (ii) cooperate with each Arranger in granting access to any Lenders (or potential lenders that are Eligible Assignees) who any Arranger identifies to the Platform.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)

Powers and Duties. Each Lender irrevocably authorizes each eachthe Administrative Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Documents as are specifically delegated or granted to such suchthe Administrative Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each eachthe Administrative Agent shall have only those powers, duties and responsibilities under this Agreement or any of the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunder. Each EachThe Administrative Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Parties. No Agent shall have, by reason hereof or any of the other Loan Documents, a fiduciary relationship in respect of any Lender or any other Person; and nothing herein or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc)

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such LenderXxxxxx’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Credit Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Each Agent shall have only those powers, duties and responsibilities under this Agreement or any of that are expressly specified herein and the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunder. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related PartiesCredit Documents. No Agent shall have, by reason hereof or any of the other Loan Credit Documents, a fiduciary relationship in respect of any Lender or any other PersonLender; and nothing herein or any of the other Loan Credit Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Credit Documents except as expressly set forth herein or therein. The Administrative Agent xxxxxx agrees that it shall (i) furnish to each Arranger, upon request, a copy of the Register, and (ii) cooperate with each Arranger in granting access to any Lenders (or potential lenders that are Eligible Assignees) who any Arranger identifies to the Platform.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)

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Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Credit Documents as are specifically delegated or granted to such Agent or the Lead Arranger by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to Each Agent and the contrary notwithstanding, each Agent Lead Arranger shall have only those powers, duties and responsibilities under this Agreement or any of that are expressly specified herein and the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunderCredit Documents. Each Agent and the Lead Arranger may exercise such powers, rights and remedies and perform such duties by or through its Related Partiesagents or employees. No Neither Agent nor the Lead Arranger shall have, by reason hereof or any of the other Loan Credit Documents, a fiduciary relationship in respect of any Lender or any other PersonLender; and nothing herein or any of the other Loan Credit Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent or the Lead Arranger any obligations in respect hereof or any of the other Loan Credit Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Tiptree Inc.)

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Documents as are specifically delegated or granted *** Certain confidential information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Each Agent shall have only those powers, duties and responsibilities under this Agreement or any of that are expressly specified herein and the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunderDocuments. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Partiesagents or employees. No Agent shall have, by reason hereof or any of the other Loan Documents, a fiduciary relationship in respect of any Lender or any other PersonLender; and nothing herein or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Financing Agreement (Federal Signal Corp /De/)

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such LenderXxxxxx’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Agent shall have only those powers, duties and responsibilities under expressly set forth in this Agreement or any of the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, Agent or a Lender or an Issuing Bank hereunder. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Parties. No Agent shall have, by reason hereof or any of the other Loan Documents, a fiduciary relationship in respect of any Lender or any other Person; and nothing herein or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Revolving Credit Agreement (Netflix Inc)

Powers and Duties. Each Lender irrevocably authorizes each Agent to take such action on such Lender’s 's behalf and to exercise such powers, rights and remedies hereunder and under the other Second Priority Term Loan Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each Each Agent shall have only those powers, duties and responsibilities under this Agreement or any of that are expressly specified herein and in the other Second Priority Term Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunderDocuments. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Partiesagents or employees. No Agent shall have, by reason hereof or any of the other Second Priority Term Loan Documents, a fiduciary relationship in respect of any Lender or any other PersonLender; and nothing herein or any of the other Second Priority Term Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Second Priority Term Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Calpine Corp)

Powers and Duties. Each Lender irrevocably authorizes each the Administrative Agent to take such action on such LenderXxxxxx’s behalf and to exercise such powers, rights and remedies hereunder and under the other Loan Documents as are specifically delegated or granted to such the Administrative Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Anything herein to the contrary notwithstanding, each the Administrative Agent shall have only those powers, duties and responsibilities under this Agreement or any of the other Loan Documents except in its capacity, as applicable, as the Administrative Agent, a Lender or an Issuing Bank hereunder. Each The Administrative Agent may exercise such powers, rights and remedies and perform such duties by or through its Related Parties. No Agent shall have, by reason hereof or any of the other Loan Documents, a fiduciary relationship in respect of any Lender or any other Person; and nothing herein or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lyft, Inc.)

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