The Agent and the Banks. 32.1 Each Bank hereby appoints the Agent to act as its agent in connection herewith and authorises the Agent to exercise such right, powers and discretions as are specifically delegated to the Agent by the terms hereof together with all such rights, powers and discretions as are reasonably identical thereto.
The Agent and the Banks. Section 10.01. The Agency and Co-Agency 63 Section 10.02. The Agent's Duties 63 Section 10.03. Sharing of Payment and Expenses 64 Section 10.04. The Agent's Liabilities 65 Section 10.05. The Agent as a Bank 65 Section 10.06. Bank Credit Decision 65 Section 10.07. Indemnification 66 Section 10.08. Successor Agent 66 ARTICLE XI CONSENT TO JURISDICTION; JUDGMENT CURRENCY
The Agent and the Banks shall not be obligated to perform or discharge any obligation or duty to be performed or discharged by the Borrower under the Lease, and the Borrower hereby agrees to indemnify the Agent and the Banks for, and to save harmless from, any and all liability arising from the Lease or from this Assignment. This Assignment shall not place responsibility for the control, care, management or repair of the Property upon the Agent or the Banks, or make the Agent or the Banks responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property resulting in the loss or injury or death to any lessee, licensee, employee or stranger, unless and until such time as the Agent shall take possession and control of the same pursuant hereto.
The Agent and the Banks. Section 9.01.
The Agent and the Banks. 16.01. The Banks hereby irrevocably authorise the Agent (acting through its employees or agents) to take such action on the Banks' behalf and to exercise such powers hereunder as are specifically delegated to the Agent by the terms of this Agreement, together with such powers as are reasonably incidental thereto provided however that all major decisions shall be made by unanimous consent of the Banks. In performing its duties and functions hereunder, the Agent shall exercise the same care as it normally exercises in making and handling loans for its own account, but the Agent assumes no responsibility and neither the Agent nor any of its officers, directors, employees or agents shall be liable to the Banks or any of them for any action taken or omitted to be taken hereunder or in connection with this Agreement, Security Documents and/or the Loan unless caused by its employees' or its agents' gross negligence or wilful misconduct.
The Agent and the Banks hereby acknowledge and agree that, notwithstanding the terms and provisions of the Guaranty, the Guarantors shall not guaranty or be liable for the principal portions of the Loan for which there has been a Satisfaction of Modified Release Conditions, provided that (1) the Guarantors continue to guaranty in full all Obligations with respect to portions of the Loan for which there has been a Satisfaction of Modified Release Conditions other than the principal amount outstanding of such portions of the Loan from time to time and (2) the Guarantors shall guaranty in full the principal portions of the Loan for which there has been a Satisfaction of Modified Release Conditions attributable to any MRC Investor who does not have a Rating, whose Rating is less than BBB- or whose Rating falls below BBB- after the Satisfaction of Modified Release Conditions attributable to such MRC Investor.
The Agent and the Banks. 95 8.1 Appointment and Powers of Agent 95 8.2 Nature of Duties; Independent Credit Investigation 96 8.3 Actions in Discretion of Agent; Instructions from Banks 97 8.4 Exculpatory Provisions 97
The Agent and the Banks. 112 21.01 ............................................................................112 21.02 ............................................................................112 21.03 ............................................................................113 21.04 ............................................................................113 21.05 ............................................................................114 21.06 ............................................................................114 21.08 ............................................................................115 21.09 ............................................................................115 21.10 ............................................................................116 21.11 ............................................................................116
The Agent and the Banks. 43 PART 13
The Agent and the Banks. 26.1 Each Bank hereby appoints the Agent to act as its agent in connection with this Agreement and hereby acknowledges that the Intercreditor Agreement Agent, the International Collateral Agent and the US Collateral Agent will act as its trustee or, as the case may be, its agent in connection with the Security including pursuant to the Intercreditor Agreement, and authorises the Agent to exercise such rights, powers and discretions as are specifically delegated to it by the terms of this Agreement and the other Loan Documents together with all such rights, powers and discretions as are reasonably incidental thereto. Each Obligor shall be entitled to assume that the Agent and International Collateral Agent represent the Banks or the Majority Banks (as the case may be), and that all consents and notices given by such agent on their behalf are validly given.
