Common use of Administrative Agent Clause in Contracts

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of America, N.A. (and Bank of America, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan Documents; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan Documents; (iii) to take such action as may be requested by any Lender under the Loan Documents (when such Lender is entitled to make such request under the Loan Documents and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan Documents); (iv) to receive all documents and items to be furnished to Lenders under the Loan Documents; (v) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan Documents; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan Documents; (vii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viii) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents or as directed by Lenders from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of AmericaNationsBank, N.A. (and Bank of AmericaNationsBank, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan DocumentsPapers; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (vii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viii) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders from time to time; providedPROVIDED, howeverHOWEVER, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank NationsBank of AmericaTexas, N.A. (and Bank NationsBank of AmericaTexas, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan DocumentsPapers; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (vii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viii) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders from time to time; providedPROVIDED, howeverHOWEVER, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender (including any Lender in its capacity as a Swing Line Lender) hereby appoints Bank of America, N.A. America (and Bank of America, N.A. America hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Lenders; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan DocumentsPapers; (vivii) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, AMENDED AND RESTATED 364-DAY REVOLVING CREDIT AND TERM LOAN AGREEMENT and consents received from Lenders; and (viiiix) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative AgentAPPOINTMENT OF ADMINISTRATIVE AGENT. Each Lender hereby appoints Bank of America, N.A. (and Bank of America, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan Documents; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan Documents; (iii) to take such action as may be requested by any Lender under the Loan Documents (when such Lender is entitled to make such request under the Loan Documents and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan Documents); (iv) to receive all documents and items to be furnished to Lenders under the Loan Documents; (v) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan Documents; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan Documents; (vii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viii) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents or as directed by Lenders from time to time; providedPROVIDED, howeverHOWEVER, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of America, N.A. America (and Bank of America, N.A. America hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Lenders; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan DocumentsPapers; (vivii) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viiiix) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders from time to time; providedPROVIDED, howeverHOWEVER, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment Each of the Lenders hereby irrevocably appoints Wilmington Savings Fund Society, FSB to serve as Administrative Agent. Each Lender hereby appoints Bank of America, N.A. (collateral agent and Bank of America, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan Documents; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower trustee under the Loan Documents; (iii) , and authorizes the Administrative Agent to take such action actions and to exercise such powers as may be requested by any Lender under are delegated to the Loan Documents (when such Lender is entitled to make such request under the Loan Documents and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan Documents); (iv) to receive all documents and items to be furnished to Lenders under the Loan Documents; (v) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan Documents; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with by the terms of the Loan Documents; (vii) to deliver to the appropriate Persons requests, demands, approvals, together with such actions and consents received from Lenders; and (viii) to execute, on behalf of Lenders, such releases or other documents or instruments powers as are permitted by reasonably incidental thereto. Further, the Loan Documents or as directed by Lenders from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes also act as the “collateral agent” under the Loan Documents, and each of the Lenders hereby irrevocably appoints and authorizes the Administrative Agent to personal liability act as the agent of such Lender for purposes of acquiring, holding and enforcing any and all Liens on Collateral granted by any of the Loan Parties to secure any of the Obligations, together with such powers and discretion as are reasonably incidental thereto. In this connection, the Administrative Agent, as “collateral agent” and any co-agents, sub- agents, trustees and attorneys-in-fact appointed by the Administrative Agent pursuant to this Section 8.01 for purposes of holding or which is contrary enforcing any Lien on the Collateral (or any portion thereof) granted under the Security Documents, or for exercising any rights and remedies thereunder at the Direction of the Required Lenders), shall be entitled to the benefits of all provisions of this Article VIII (including paragraph 13 hereof) and Article IX (as though such co-agents, sub-agents and attorneys-in-fact were the “collateral agent” under the Loan Documents Documents) as if set forth in full herein with respect thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the other Secured Parties, and none of Holdings, the Borrower or applicable Lawany other Loan Party shall have any rights as a third party beneficiary of any such provisions.

Administrative Agent. (a) Appointment of the Administrative Agent. Each Lender hereby appoints Bank of America, N.A. Montreal. (and Bank of America, N.A. Montreal hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan Documents; (ii) to arrange the means whereby the funds of the Lenders are to be made available to Borrower Borrowers under the Loan Documents; (iii) to take such action as may be requested by any Lender under the Loan Documents (when such Lender is entitled to make such request under the Loan Documents and after such requesting Lender has obtained the concurrence of such other the Lenders as may be required under the Loan Documents); (iv) to receive all documents and items to be furnished to the Lenders under the Loan Documents; (v) to timely distribute, and the Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower Borrowers under the Loan Documents; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan Documents; (vii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from the Lenders; and (viii) to execute, on behalf of the Lenders, such releases or other documents or instruments as are permitted by the Loan Documents or as directed by the Lenders from time to time; provided, however, the Administrative Agent shall not be required to take any action which exposes the Administrative Agent to personal liability or which is contrary to the Loan Documents or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of America, N.A. Credit Lyonnais New York Branch (and Bank of America, N.A. Credit Lyonnais New York Branch hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower the Company under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Lenders; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower the Company under the Loan DocumentsPapers (including written disclosures pursuant to Section 8.2 (other than pursuant to Section 8.2 (d), which shall only be distributed to the requesting Lender), Section 7.6 and Section 7.11); (vivii) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viiiix) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders or Determining Lenders (when entitled to so authorize) from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender (including any Lender in its capacity as an issuer of a Financial Hedge or as a Swing Line Lender) hereby appoints Bank of America, N.A. NationsBank (and Bank of America, N.A. NationsBank hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to 364-DAY REVOLVING CREDIT AND TERM LOAN AGREEMENT 51 57 be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Lenders; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan DocumentsPapers; (vivii) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viiiix) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of America, N.A. Calyon New York Branch (and Bank of AmericaCalyon New York Branch, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of the Lenders are to be made available to Borrower or for the benefit of the Company under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Lenders; (vi) to timely distribute, and the Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower the Company under the Loan DocumentsPapers; (vivii) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from the Lenders; and (viiiix) to execute, on behalf of the Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by the Lenders or Determining Lenders (when entitled to so authorize) from time to time; provided, however, the Administrative Agent shall not be required to take any action which exposes the Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender (including any Lender in its capacity as LC Issuer) hereby appoints Bank of America, N.A. America (and Bank of America, N.A. America hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Lenders; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan DocumentsPapers; (vivii) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viiiix) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders from time to time; providedPROVIDED, howeverHOWEVER, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of AmericaCoreStates Bank, N.A. (and Bank of AmericaCoreStates Bank, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders lenders are to be made available to Borrower under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Lenders; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan DocumentsPapers; (vivii) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons persons requests, demands, approvals, and consents received from Lenders; and (viiiix) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders from time to time; providedPROVIDED, howeverHOWEVER, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Lawlaw.

Administrative Agent. (a) Appointment Each Facility B Lender (including any Facility B Lender in its capacity as an issuer of Administrative Agent. Each Lender a Financial Hedge) hereby appoints Bank of America, N.A. NationsBank (and Bank of America, N.A. NationsBank hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Facility B Lender in and under all Facility B Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Facility B Lenders are to be made available to Borrower under the Facility B Loan DocumentsPapers; (iii) to take such action as may be requested by any Facility B Lender under the Facility B Loan Documents Papers (when such Facility B Lender is entitled to make such request under the Facility B Loan Documents Papers and after such requesting Facility B Lender has obtained the concurrence of such other Facility B Lenders as may be required under the Facility B Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Facility B Lenders under the Facility B Loan DocumentsPapers; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Facility B Lenders; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Facility B Lender all material information, requests, documents, and items received from Borrower under the Facility B Loan DocumentsPapers; (vivii) to promptly distribute to each Facility B Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Facility B Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Facility B Lenders; and (viiiix) to execute, on behalf of Facility B Lenders, such releases or other documents or instruments as are permitted by the Facility B Loan Documents Papers or as directed by Facility B Lenders from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Facility B Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of America, N.A. (and Bank of America, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan Documents; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower Borrowers under the Loan Documents; (iii) to take such action as may be requested by any Lender under the Loan Documents (when such Lender is entitled to make such request under the Loan Documents and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan Documents); (iv) to receive all documents and items to be furnished to Lenders under the Loan Documents; (v) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower Borrowers under the Loan Documents; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan Documents; (vii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viii) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents or as directed by Lenders from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender Bank hereby appoints Wellx Xxxgo Bank of America(Texas), N.A. National Association (and Wellx Xxxgo Bank of America(Texas), N.A. National Association hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender Bank in and under all Loan Documents; (ii) to arrange the means whereby the funds of Lenders Banks are to be made available to Borrower under the Loan Documents; (iii) to take such action as may be requested by any Lender Bank under the Loan Documents (when such Lender Bank is entitled to make such request under the Loan Documents and after such requesting Lender Bank has obtained the concurrence of such other Lenders Banks as may be required under the Loan Documents); (iv) to receive all documents and items to be furnished to Lenders Banks under the Loan Documents; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Banks; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender Bank all material information, requests, documents, and items received from Borrower under the Loan Documents; (vivii) to promptly distribute to each Lender Bank its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan Documents; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from LendersBanks; and (viiiix) to execute, on behalf of LendersBanks, such releases or other documents or instruments as are permitted by the Loan Documents or as directed by Lenders Banks REVOLVING CREDIT AGREEMENT 42 48 or Majority Banks (when entitled to so authorize) from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of America, N.A. (and Bank of America, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan Documents; (ii) to arrange the means whereby the funds of Lenders are to be made available to Borrower under the Loan Documents; (iii) to take such action as may be requested by any Lender under the Loan Documents (when such Lender is entitled to make such request under the Loan Documents and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan Documents); (iv) to receive all documents and items to be furnished to Lenders under the Loan Documents; (v) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower under the Loan Documents; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral Collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan Documents; (vii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viii) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents or as directed by Lenders from time to time; provided, however, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents or applicable Law.

Administrative Agent. (a) Appointment Each Facility A Lender (including any Facility A Lender in its capacity as an issuer of Administrative Agent. Each Lender a Financial Hedge or as a Swing Line Lender) hereby appoints Bank of America, N.A. NationsBank (and Bank of America, N.A. NationsBank hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Facility A Lender in and under all Facility A Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Facility A Lenders are to be made available to Borrower under the Facility A Loan DocumentsPapers; (iii) to take such action as may be requested by any Facility A Lender under the Facility A Loan Documents Papers (when such Facility A Lender is entitled to make such request under the Facility A Loan Documents Papers and after such requesting Facility A Lender has obtained the concurrence of such other Facility A Lenders as may be required under the Facility A Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Facility A Lenders under the Facility A Loan DocumentsPapers; (v) to be the secured party, mortgagee, beneficiary, and similar party in respect of, and to receive, as the case may be, any collateral for the benefit of Facility A Lenders; (vi) to timely distribute, and Administrative Agent agrees to so distribute, to each Facility A Lender all material information, requests, documents, and items received from Borrower under the Facility A Loan DocumentsPapers; (vivii) to promptly distribute to each Facility A Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Facility A Loan DocumentsPapers; (viiviii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Facility A Lenders; and (viiiix) to execute, on behalf of Facility A Lenders, such releases or other documents or instruments as are permitted by the Facility A Loan Documents Papers or as directed by Facility A Lenders from time to time; provided, however, Administrative Agent shall not be required to AMENDED AND RESTATED FACILITY A REVOLVING CREDIT AGREEMENT 56 62 take any action which exposes Administrative Agent to personal liability or which is contrary to the Facility A Loan Documents Papers or applicable Law.

Administrative Agent. (a) Appointment of Administrative Agent. Each Lender hereby appoints Bank of America, N.A. (and Bank of America, N.A. hereby accepts such appointment) as its nominee and agent, in its name and on its behalf: (i) to act as nominee for and on behalf of such Lender in and under all Loan DocumentsPapers; (ii) to arrange the means whereby the funds of Lenders are to be made available to any Borrower under the Loan DocumentsPapers; (iii) to take such action as may be requested by any Lender under the Loan Documents Papers (when such Lender is entitled to make such request under the Loan Documents Papers and after such requesting Lender has obtained the concurrence of such other Lenders as may be required under the Loan DocumentsPapers); (iv) to receive all documents and items to be furnished to Lenders under the Loan DocumentsPapers; (v) to timely distribute, and Administrative Agent agrees to so distribute, to each Lender all material information, requests, documents, and items received from Borrower any Loan Party or DCCLP under the Loan DocumentsPapers; (vi) to promptly distribute to each Lender its ratable part of each payment or prepayment (whether voluntary, as proceeds of collateral upon or after foreclosure, as proceeds of insurance thereon, or otherwise) in accordance with the terms of the Loan DocumentsPapers; (vii) to deliver to the appropriate Persons requests, demands, approvals, and consents received from Lenders; and (viii) to execute, on behalf of Lenders, such releases or other documents or instruments as are permitted by the Loan Documents Papers or as directed by Lenders from time to time; providedPROVIDED, howeverHOWEVER, Administrative Agent shall not be required to take any action which exposes Administrative Agent to personal liability or which is contrary to the Loan Documents Papers or applicable Law.