Common use of Appointment and Authorization; "Agent Clause in Contracts

Appointment and Authorization; "Agent. The Agent is hereby irrevocably appointed, designated and authorized to take such actions under the provisions of this Agreement and each other Security 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 Security Document, together with such actions and powers as are reasonably incidental thereto. In furtherance of the foregoing, the Agent is hereby authorized to serve as Applicable Authorized Representative and Applicable Collateral Agent (each as defined in the Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement and to exercise such powers and perform such duties as are expressly delegated to it by the terms of the Intercreditor Agreement, together with such actions and powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Security Document, the Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the Agent have or be deemed to have any fiduciary relationship with any Secured Party, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Security Document or otherwise exist against the Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” herein and in the other Security Documents with reference to the 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.

Appointment and Authorization; "Agent. The Agent is (a) Each Bank hereby irrevocably appointed(subject to SECTION 11.9) appoints, designated designates and authorized authorizes the Agent to take such actions action on its behalf under the provisions of this Agreement and each other Security 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 Security Loan Document, together with such actions and powers as are reasonably incidental thereto. In furtherance of Without limiting the foregoing, the Agent is hereby authorized to serve as Applicable Authorized Representative and Applicable Collateral Agent (each as defined in the Intercreditor Agreement) in accordance with the terms may accept Support Documents on behalf of the Intercreditor Agreement and to exercise such powers and perform such duties as are expressly delegated to it by the terms of the Intercreditor Agreement, together with such actions and powers as are reasonably incidental theretoBanks. Notwithstanding any provision to the contrary contained elsewhere herein in this Agreement or in any other Security Loan Document, the Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the Agent have or be deemed to have any fiduciary relationship with any Secured PartyBank, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Security Loan Document or otherwise exist against the Agent. Without limiting the generality of the foregoing sentence, the use of the term “"agent” herein and " in the this Agreement or any other Security Documents Loan Document with reference to the 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. So long as there shall only be one Bank party to this Agreement the term Agent shall mean such Bank.

Appointment and Authorization; "Agent. The Agent is (a) Each Lender Party hereby irrevocably appointed(subject to Section 7.09) appoints, designated designates and authorized authorizes each Agent to take such actions action on its behalf under the provisions of this Agreement and each other Security 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 Security Loan Document, together with such actions this Agreement and powers as are reasonably incidental thereto. In furtherance of the foregoing, the Agent is hereby authorized to serve as Applicable Authorized Representative and Applicable Collateral Agent (each as defined in the Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement other Loan Document and to exercise such powers and perform such duties as are expressly delegated to it by the terms of the Intercreditor Agreementthis Agreement or any other Loan Document, together with such actions and powers as are reasonably incidental thereto; provided, however, that no Agent shall be required to take any action that exposes such Agent to personal liability or that is contrary to this Agreement or applicable law. Notwithstanding any provision to the contrary contained elsewhere herein in this Agreement or in any other Security Loan Document, the no Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the any Agent have or be deemed to have any fiduciary relationship with any Secured Lender Party, and no implied covenants, functions, . responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Security Loan Document or otherwise exist against the such Agent. Without limiting the generality of the foregoing sentence, the use of the term “"agent” herein and " in the other Security Documents this Agreement with reference to the each Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead, such 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.