Relationship of Agent and Banks Sample Clauses

Relationship of Agent and Banks. 35 8.1 Appointment.......................................................................... 35 8.2 Powers............................................................................... 35 8.3
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Relationship of Agent and Banks. 35 Section 7.1 Authorization and Action....................................35 Section 7.2 Agent's Reliance, Etc.......................................35 Section 7.3 Agent and Affiliates........................................36 Section 7.4 Bank Credit Decision........................................36 Section 7.5 Indemnification.............................................36
Sample 1
Relationship of Agent and Banks. 39 Section 7.1 Authorization and Action 39 Section 7.2 Agent's Reliance, Etc. 39 Section 7.3 Agent and Affiliates 40 Section 7.4 Bank Credit Decision 40 Section 7.5 Indemnification 40 Section 7.6 Successor Agent 41 ARTICLE VIII Miscellaneous 41 Section 8.1 Notices 41 Section 8.2 Successors and Assigns 42 Section 8.3 Amendments and Related Matters 42 Section 8.4 Costs and Expenses; Indemnification 42 Section 8.5 Oral Communications 43 Section 8.6 Entire Agreement 43 Section 8.7 Governing Law 43 Section 8.8 Severability 44 Section 8.9 Counterparts 44 Section 8.10 Confidentiality 44 Section 8.11 Assignments and Participations 44 Section 8.12 Waiver of Trial by Jury 47 Section 8.13 Choice of Forum and Service of Process 48 Section 8.14 Remedies 48 Section 8.15 Right of Set-Off 49 Section 8.16 Effectiveness and Effect of Agreement 49 SCHEDULES Schedule 1 Commitment Schedule and Addresses EXHIBITS Exhibit A Form of Assignment and Acceptance Agreement Exhibit B Form of Compliance Certificate Exhibit C-1 Form of Notice of Borrowing (Drawings) Exhibit C-2 Form of Notice of Borrowing (Continuations) Exhibit C-3 Form of Notice of Borrowing (Conversions) Exhibit D Form of Opinion of General Counsel of Borrower Exhibit E Form of Opinion of Xxxxxxx Xxxxxxx & Xxxxxxxx Exhibit F Form of Promissory Note SECOND AMENDED AND RESTATED CREDIT AGREEMENT -------------------------------------------- This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of June 30, 1997, is made by and among:
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Relationship of Agent and Banks 
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Related to Relationship of Agent and Banks

  • Relationship of Lenders The Credit Documents do not create a partnership or joint venture among Administrative Agent and Lenders or among Lenders.

  • Relationship of Borrower and Lender The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.

  • Nonliability of Agent and Lenders The relationship between the Borrower and the Lenders and the Agent shall be solely that of borrower and lender. Neither the Agent nor any Lender shall have any fiduciary responsibilities to the Borrower or the Parent and no provision in this Agreement or in any of the other Loan Documents, and no course of dealing between or among any of the parties hereto, shall be deemed to create any fiduciary duty owing by the Agent or any Lender to any Lender, the Borrower, any Subsidiary or any other Loan Party. Neither the Agent nor any Lender undertakes any responsibility to the Borrower or the Parent to review or inform the Borrower or the Parent of any matter in connection with any phase of the business or operations of the Borrower or the Parent.

  • Nonliability of Administrative Agent and Lenders The relationship between the Borrower, on the one hand, and the Lenders, the Issuing Banks and the Administrative Agent, on the other hand, shall be solely that of borrower and lender. None of the Administrative Agent, any Issuing Bank or any Lender shall have any fiduciary responsibilities to the Borrower and no provision in this Agreement or in any of the other Loan Documents, and no course of dealing between or among any of the parties hereto, shall be deemed to create any fiduciary duty owing by the Administrative Agent, any Issuing Bank or any Lender to any Lender, the Borrower, any Subsidiary or any other Loan Party. None of the Administrative Agent, any Issuing Bank or any Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations.

  • Relationship of Parties Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company shall be rendered as an independent contractor and not as agent for the Purchaser.

  • Relationship of the Parties The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

  • Nonliability of the Lenders Borrower acknowledges and agrees that:

  • Relationship of Advisor and Company The Company and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them.

  • General Relationship of Provisions Subsection (iii) below (subject to the terms and conditions thereof) sets forth the terms of and conditions to the right of a Person to be reimbursed for any Workout-Delayed Reimbursement Amount to the extent that such Person is not otherwise entitled to reimbursement and payment of such Workout-Delayed Reimbursement Amount pursuant to the operation of Section 5.2(a)(I) above. Subsection (iv) below (subject to the terms and conditions thereof) authorizes the Master Servicer to abstain from reimbursing itself (or, if applicable, the Trustee to abstain from obtaining reimbursement) for Nonrecoverable Advances under certain circumstances at its sole option. Upon any determination that all or any portion of a Workout-Delayed Reimbursement Amount constitutes a Nonrecoverable Advance, then the reimbursement or payment of such amount (and any further Advance Interest that may accrue thereon) shall cease to be subject to the operation of subsection (iii) below, such amount (and further Advance Interest) shall be as fully payable and reimbursable to the relevant Person as would any other Nonrecoverable Advance (and Advance Interest thereon) and, as a Nonrecoverable Advance, such amount may become the subject of the Master Servicer’s (or, if applicable, the Trustee’s) exercise of its sole option authorized by subsection (iv) below.

  • Employment of Agents and Counsel The Agent may execute any of its duties as Agent hereunder and under any other Loan Document by or through employees, agents, and attorneys-in-fact and shall not be answerable to the Lenders, except as to money or securities received by it or its authorized agents, for the default or misconduct of any such agents or attorneys-in-fact selected by it with reasonable care. The Agent shall be entitled to advice of counsel concerning the contractual arrangement between the Agent and the Lenders and all matters pertaining to the Agent's duties hereunder and under any other Loan Document.

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