Common use of Appointment; Nature of Relationship Clause in Contracts

Appointment; Nature of Relationship. The First National Bank of Chicago is hereby appointed by the Banks as the Agent hereunder and under each other Loan Document, and each of the Banks irrevocably authorizes the Agent to act as the contractual representative of such Bank with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the Banks' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the Banks, (ii) is a "representative" of the Banks within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago JPMCB is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9Article XI. Notwithstanding the use of the defined term "“Agent," ” it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the contractual representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the Banks' Lenders’ contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "“representative" ” of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago JPMCB is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9Article XI. Notwithstanding the use of the defined term "“Agent," ” it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the contractual representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "“representative" ” of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago is hereby appointed by the Banks as the Agent administrative agent hereunder and under each other Loan Document, and each of the Banks irrevocably authorizes the Agent to act as the contractual representative of such Bank with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the Banks' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the Banks, (ii) is a "representative" of the Banks within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank hereby waives.

Appointment; Nature of Relationship. The First American National Bank and Trust Company of Chicago is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. Article X. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago One, NA is hereby appointed by the Banks as the Agent administrative agent hereunder and under each other Loan Document, and each of the Banks irrevocably authorizes the Agent to act as the contractual representative of such Bank with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the Banks' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the Banks, (ii) is a "representative" of the Banks within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. ARTICLE X. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago JPMCB is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9Article XI. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the contractual representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.. 11.2

Appointment; Nature of Relationship. The First National Bank of Chicago is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. Article X. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago One is hereby appointed by each of the Banks as its contractual representative (herein referred to as the Agent hereunder and under each other Loan Document“Administrative Agent”) hereunder, and each of the Banks irrevocably authorizes the Administrative Agent to act as the contractual representative of such Bank with the rights and duties expressly set forth herein and in the other Loan Documentsherein. The Administrative Agent agrees to act as such contractual representative upon the express conditions contained in this Section 98. Notwithstanding the use of the defined term "“Administrative Agent," ” it is expressly understood and agreed that the Administrative Agent shall not have any fiduciary responsibilities to any Bank by reason of this Agreement or any other Loan Document and that the Administrative Agent is merely acting as the contractual representative of the Banks with only those duties as are expressly set forth in this Agreement and the other Loan DocumentsAgreement. In its capacity as the Banks' ’ contractual representative, the Administrative Agent (i) does not hereby assume any fiduciary duties to any of the Banks, (ii) is a "“representative" ” of the Banks within the meaning of Section 9-105 of the term “secured party” as defined in the Illinois Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan DocumentsAgreement. Each of the Banks hereby agrees to assert no claim against the Administrative Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank hereby waives.

Appointment; Nature of Relationship. The First American National Bank and Trust Company of Chicago is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. Article X. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-9- 105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago One is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9Article VII. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago NBD is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9Article VII. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9Article VII. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago is hereby appointed by the Banks Lenders as the Agent hereunder and under each other Loan Document, and each of the Banks Lenders irrevocably authorizes the Agent to act as the contractual representative of such Bank Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. Article X. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the BanksLenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the BanksLenders, (ii) is a "representative" of the Banks Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank Lender hereby waives.

Appointment; Nature of Relationship. The First National Bank of Chicago One, NA is hereby appointed by the Banks as the Agent administrative agent hereunder and under each other Loan Document, and each of the Banks irrevocably authorizes the Agent to act as the contractual representative of such Bank with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Section 9. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Bank by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the representative of the Banks with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the Banks' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the Banks, (ii) is a "representative" of the Banks within the meaning of Section 9-9- 105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Banks hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Bank hereby waives.