Administrative Agent and Other Agents. Section 9.01 Appointment and Authority of the Administrative Agent 159 Section 9.02 Rights as a Lender 159 Section 9.03 Exculpatory Provisions 159 Section 9.04 Reliance by the Agents 161 Section 9.05 Delegation of Duties 161
Administrative Agent and Other Agents. SECTION 9.01. Appointment and Authorization of Agents 125 SECTION 9.02. Delegation of Duties 126 SECTION 9.03. Liability of Agents 126 SECTION 9.04. Reliance by Agents 127 SECTION 9.05. Notice of Default 127 SECTION 9.06. Credit Decision; Disclosure of Information by Agents 128 SECTION 9.07. Indemnification of Agents 128 SECTION 9.08. Agents in their Individual Capacities 129 SECTION 9.09. Successor Agents 129 SECTION 9.10. Administrative Agent May File Proofs of Claim 130 SECTION 9.11. Collateral and Guaranty Matters 131 SECTION 9.12. Other Agents; Arrangers and Managers 131 SECTION 10.01. Amendments, Etc. 132 SECTION 10.02. Notices and Other Communications; Facsimile Copies 134 SECTION 10.03. No Waiver; Cumulative Remedies 135 SECTION 10.04. Attorney Costs, Expenses and Taxes 135 SECTION 10.05. Indemnification by the Borrower 136 SECTION 10.06. Payments Set Aside 137 SECTION 10.07. Successors and Assigns 137 SECTION 10.08. Confidentiality 141 SECTION 10.09. Setoff 142 SECTION 10.10. Interest Rate Limitation 142 SECTION 10.11. Counterparts 142 SECTION 10.12. Integration 143 SECTION 10.13. Survival of Representations and Warranties 143 SECTION 10.14. Severability 143 SECTION 10.15. [Reserved] 143 SECTION 10.16. GOVERNING LAW 143 SECTION 10.17. WAIVER OF RIGHT TO TRIAL BY JURY 144 SECTION 10.18. Binding Effect 144 SECTION 10.19. Lender Action 144 SECTION 10.20. USA PATRIOT Act 144 SCHEDULES
1. 01A Unrestricted Subsidiaries 1.01B Mortgaged Properties 1.01C Historical Adjustments
2.01 Commitments 4.01(a)(v) Local Counsel Opinions 5.01(g) Treatment Facilities 5.03 Governmental Authorization; Other Consents
Administrative Agent and Other Agents. Section 9.01 Appointment and Authorization of Agents 274 Section 9.02 Delegation of Duties 275 Section 9.03 Liability of Agents 276 Section 9.04 Reliance by Agents 277 Section 9.05 Notice of Default 278 Section 9.06 Credit Decision; Disclosure of Information by Agents 278 Section 9.07 Indemnification of Agents 279 Section 9.08 Agents in Their Individual Capacities 280 Section 9.09 Successor Agents 280 Section 9.10 Administrative Agent May File Proofs of Claim 282 Section 9.11 Collateral and Guaranty Matters 283 Section 9.12 Other Agents; Arranger and Managers 285 Section 9.13 Secured Cash Management Agreements and Secured Hedge Agreements 285 Section 9.14 Appointment of Supplemental Agents, Incremental Arrangers, Incremental Notes Arrangers and Specified Refinancing Agents 286 Section 9.15 Intercreditor Agreement 288 Section 9.16 Withholding Tax 289
Administrative Agent and Other Agents. Section 9.01 Appointment and Authorization of the Administrative Agent 170 Section 9.02 Rights as a Lender 171 Section 9.03 Exculpatory Provisions 171 Section 9.04 Lack of Reliance on the Administrative Agent 173 Section 9.05 Certain Rights of the Administrative Agent 174 Section 9.06 Reliance by the Administrative Agent 175 Section 9.07 Delegation of Duties 176 Section 9.08 Indemnification 176 Section 9.09 The Administrative Agent and Collateral Agent in Their Individual Capacities 177 Section 9.10 Structuring Advisor and Arranger 177 Section 9.11 Resignation by the Administrative Agent 177 Section 9.12 Collateral Matters 179 Section 9.13 [Reserved] 180 Section 9.14 Administrative Agent May File Proofs of Claim 180 Section 9.15 Appointment of Supplemental Administrative Agents 181 Section 9.16 Intercreditor Agreements 182
Administrative Agent and Other Agents. Section 9.01. Appointment and Authorization of Agents 144146 Section 9.02. Delegation of Duties 145147 Section 9.03. Liability of Agents 145147 Section 9.04. Reliance by Agents 146148 Section 9.05. Notice of Default 147148 Section 9.06. Credit Decision; Disclosure of Information by Agents 147148 Section 9.07. Indemnification of Agents 147149 Section 9.08. Agents in their Individual Capacities 148149 Section 9.09. Successor Agents 148150 Section 9.10. Administrative Agent May File Proofs of Claim 149150 Section 9.11. Collateral and Guaranty Matters 149151 Section 9.12. Other Agents; Arrangers and Managers 150152 Section 9.13. Appointment of Supplemental Administrative Agents 150152 Section 9.14. [Reserved] 151153 Section 9.15. Cash Management Obligations; Secured Hedge Agreements 151153
Administrative Agent and Other Agents. 157 Section 9.01 Appointment and Authorization of Agents ........................................................ 157 Section 9.02
Administrative Agent and Other Agents. Section 1. 0a Appointment and Authorization of Agents.
(i) Each Lender and L/C Issuer hereby irrevocably appoints Xxxxxx Xxxxxxx and its successors and permitted assigns to act on its behalf as Administrative Agent hereunder and under the other Loan Documents (subject to the provisions in Section 9.09), and designates and authorizes the Administrative Agent to take such actions on its behalf under the provisions of this Agreement and each other Loan Document and to exercise such powers and perform such duties as are expressly delegated to the Administrative Agent by the terms of this Agreement or any other Loan Document, together with such actions and powers as are reasonably incidental thereto. The Administrative Agent may perform any of its duties through its officers, directors, agents, employees, or affiliates. The provisions of this Article are solely for the benefit of the Administrative Agent and the Lenders, and no Loan Party shall have rights as a third party beneficiary of any of such provisions. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Loan Document no Agent shall have any duties or responsibilities, except those expressly set forth herein, nor shall any Agent have or be deemed to have any fiduciary relationship with any Lender or participant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against any Agent. Regardless of whether a Default has occurred and is continuing and without limiting the generality of the foregoing sentence, the use of the term “agent” herein and in the other Loan Documents with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead, such term is used merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties; additionally, each Lender agrees that it will not assert any claim against the Administrative Agent based on an alleged breach of fiduciary duty by the Administrative Agent in connection with this Agreement and the transactions contemplated hereby.
(ii) Each L/C Issuer shall act on behalf of the Lenders with respect to any Letters of Credit issued by it and the documents associated therewith, and such L/C Issuer shall have all of the benefits and im...
Administrative Agent and Other Agents. SECTION 9.01 Appointment and Authorization of Agents 146150 SECTION 9.02 Delegation of Duties 147151
Administrative Agent and Other Agents a Appointment and Authorization of Agents.
Administrative Agent and Other Agents cm. Appointment and Authorization of Agents . #93847511v24 284. Each Lender hereby irrevocably appoints, designates and authorizes the Administrative Agent to take such action on its behalf under the provisions of this Agreement and each other Loan Document and to exercise such powers and perform such duties as are expressly delegated to it by the terms of this Agreement or any other Loan Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Loan Document, the Administrative Agent shall have no duties or responsibilities, except those expressly set forth herein, nor shall the Administrative Agent have or be deemed to have any fiduciary relationship with any Lender or participant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against the Administrative Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” herein and in the other Loan Documents with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead, such term is used merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties. 285. [Reserved].
