Common use of Powers; Duties Specified Clause in Contracts

Powers; Duties Specified. Each Lender irrevocably authorizes each Xxxxx xx 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. Each Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No Agent shall have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any Lender; and nothing in this Agreement 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 of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Credit Agreement (Pantry Inc), Credit Agreement (Dominos Inc)

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Powers; Duties Specified. Each Lender irrevocably authorizes each the Xxxxx xx 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 Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Each The Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Documents. Each The Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No The Agent shall not have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any the Agent any obligations in respect of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Term Loan Agreement (America West Holdings Corp)

Powers; Duties Specified. Each Lender Xxxx Xxxder irrevocably authorizes each Xxxxx xx 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. Each Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No Agent shall not have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed con strued as to impose upon any Agent any obligations in respect of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Apollo Real Estate Investment Fund Ii L P)

Powers; Duties Specified. Each Lender irrevocably authorizes each Xxxxx xx 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 said Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Each Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No Agent shall have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any LenderLender or Company; and nothing in this Agreement 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 of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Read Rite Corp /De/)

Powers; Duties Specified. Each Lender irrevocably authorizes each Xxxxx xx 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. Each Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No Agent shall have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any Lender; and nothing in this Agreement 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 of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (E Spire Communications Inc)

Powers; Duties Specified. Each Lender irrevocably authorizes each Xxxxx xx 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. Each An Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Credit Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Affiliates, agents or employees. No Agent shall have, by reason of this Agreement or any of the other Loan Credit Documents, a fiduciary relationship in respect of any LenderLender or any Borrower; and nothing in this Agreement or any of the other Loan Credit Documents, expressed or implied, is intended to or shall be so construed as to impose upon any an Agent any obligations in respect of this Agreement or any of the other Loan Credit Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Danielson Holding Corp)

Powers; Duties Specified. Each Lender irrevocably authorizes each exxx Xxxxx xx 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. Each An Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its Affiliates, agents or employees. No Agent shall have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any LenderLender or any Borrower; and nothing in this Agreement or any of the other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon any an Agent any obligations in respect of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Covanta Energy Corp

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Powers; Duties Specified. Each member of the Lender Group irrevocably authorizes each Xxxxx xx 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. Each Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No Agent shall not have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any Lendermember of the Lender Group; and nothing in this Agreement 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 of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Viasource Communications Inc)

Powers; Duties Specified. Each Lender Eacx Xxxxxx irrevocably authorizes each Xxxxx xx 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. Each An Agent shall have only those duties and responsibilities that are expressly specified in this Agreement with respect to such Agent and the other Loan Documents. Each An Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No An Agent shall not have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any Lender; and nothing in this Agreement 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 of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Express Scripts Inc)

Powers; Duties Specified. Each Lender irrevocably authorizes each Xxxxx xx 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. Each Agent shall have only those duties and responsibilities that are expressly specified in this Agreement and the other Loan Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No Agent shall have, by reason of this Agreement or any of the other Loan Documents, a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the other Loan 106 Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect of this Agreement or any of the other Loan Documents except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (E Spire Communications Inc)

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