Common use of Appointment and Authorization of Administrative Agent Clause in Contracts

Appointment and Authorization of Administrative Agent. Each Lender and the L/C Issuer hereby appoints BMO Hxxxxx Bank N.A. as the Administrative Agent under the Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 3 contracts

Samples: Credit Agreement (American Finance Trust, Inc), Credit Agreement (American Finance Trust, Inc), Credit Agreement (American Finance Trust, Inc)

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Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer Issuers hereby irrevocably appoints BMO Hxxxxx Bank N.A. of Montreal to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall have rights as a third party third‑party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 2 contracts

Samples: Credit Agreement (Intl Fcstone Inc.), Credit Agreement (Intl Fcstone Inc.)

Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer hereby irrevocably appoints BMO Hxxxxx Bank N.A. JPM to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C IssuersIssuer, and neither the Borrower nor any other Loan Party shall not have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 2 contracts

Samples: Credit Agreement (CONE Midstream Partners LP), Credit Agreement (CONE Midstream Partners LP)

Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer Issuers hereby irrevocably appoints BMO Hxxxxx Bank N.A. JPM to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall not have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 2 contracts

Samples: Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)

Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer Issuers hereby irrevocably appoints BMO Hxxxxx Bank N.A. [ ] to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall not have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Noble Midstream Partners LP)

Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer hereby irrevocably appoints BMO Hxxxxx Fifth Third Bank N.A. to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 9 are solely for the benefit of the Administrative Agent, the Lenders and the L/C IssuersIssuer, and neither the Borrower nor any other Loan Party Parties shall not have rights as a third third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Globe Specialty Metals Inc)

Appointment and Authorization of Administrative Agent. (a) Each Lender of the Lenders and the L/C Issuer hereby irrevocably appoints BMO Hxxxxx Bank N.A. of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof and thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article IX are solely for the benefit of the Administrative Agent, the Lenders and the L/C IssuersIssuer, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agentAdministrative Agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawLaw. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Mistras Group, Inc.)

Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer Issuers hereby irrevocably appoints BMO Hxxxxx Bank N.A. as the Administrative Agent to act on its 735490334 behalf hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall have rights as a third third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (StoneX Group Inc.)

Appointment and Authorization of Administrative Agent. Each Lender and the L/C Issuer hereby appoints BMO Hxxxxx Xxxxxx Bank N.A. as the Administrative Agent under the Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party Guarantor shall have rights as a third third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (CTS Corp)

Appointment and Authorization of Administrative Agent. (a) Each Lender of the Lenders and the L/C Issuer issuer hereby irrevocably appoints BMO Hxxxxx Bank N.A. of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof and thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C IssuersIssuer, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawLaw. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Assignment and Assumption (Celadon Group Inc)

Appointment and Authorization of Administrative Agent. Each Lender and the L/C Issuer hereby appoints BMO Hxxxxx Bank N.A. Prospect Capital Corporation, a Maryland corporation, to act on its behalf as the Administrative Agent under the Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 10 are solely for the benefit of the Administrative Agent, the Lenders Agent and the L/C IssuersLenders, and neither the Borrower nor any other Loan Party shall have rights as a third party third‑party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein in this Agreement or in any other Loan Documents Document (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawLegal Requirements. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties. -92- Section 10.2.

Appears in 1 contract

Samples: Debt Subordination Agreement

Appointment and Authorization of Administrative Agent. Each Lender and the L/C Issuer hereby appoints BMO Hxxxxx Bank N.A. Rabobank to act on its behalf as the Administrative Agent under the Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C IssuersIssuer, and neither the Borrower nor any other Loan Party and Guarantors shall not have rights as a third third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Penford Corp)

Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer Issuers hereby irrevocably appoints BMO Hxxxxx Bank N.A. of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the no Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawLaw. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Stryker Corp)

Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer Issuers hereby irrevocably appoints BMO Hxxxxx Bank N.A. as the Administrative Agent to act on its behalf hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall have rights as a third third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (StoneX Group Inc.)

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Appointment and Authorization of Administrative Agent. Each Lender of the Lenders and the L/C Issuer Issuers hereby irrevocably appoints BMO Hxxxxx PNC Bank N.A. to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall not have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Equitrans Midstream Corp)

Appointment and Authorization of Administrative Agent. Each Lender and the L/C Issuer hereby appoints BMO Hxxxxx Bank N.A. Prospect Capital Corporation, a Maryland corporation, to act on its behalf as the Administrative Agent under the Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 10 are solely for the benefit of the Administrative Agent, the Lenders Agent and the L/C IssuersLenders, and neither the Borrower nor any other Loan Party shall have rights as a third party third‑party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein in this Agreement or in any other Loan Documents Document (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawLegal Requirements. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Assignment and Assumption (Turning Point Brands, Inc.)

Appointment and Authorization of Administrative Agent. (a) Each Lender of the Lenders and the L/C Issuer hereby irrevocably appoints BMO Hxxxxx Bank N.A. Mutual of Omaha to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof and thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C IssuersIssuer, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Samson Oil & Gas LTD)

Appointment and Authorization of Administrative Agent. Each Lender and the L/C Issuer hereby appoints BMO Hxxxxx Xxxxxx Bank N.A. as the Administrative Agent under the Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the a Borrower nor any other Loan Party Guarantor shall have rights as a third party third‑party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (CTS Corp)

Appointment and Authorization of Administrative Agent. (a) Each Lender of the Lenders hereby irrevocably appoints, designates and the L/C Issuer hereby appoints BMO Hxxxxx Bank N.A. authorizes CF Global Credit, LP to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article VIII are solely for the benefit of the Administrative Agent, the Lenders Agent and the L/C IssuersLenders, and neither the Borrower Debtor nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawRequirement of Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Advanced Emissions Solutions, Inc.)

Appointment and Authorization of Administrative Agent. Each Lender and the L/C Issuer hereby appoints BMO Hxxxxx Xxxxxx Bank N.A. as the Administrative Agent under the Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Necessity Retail REIT, Inc.)

Appointment and Authorization of Administrative Agent. (a) Each Lender of the Lenders and the L/C Issuer hereby irrevocably appoints BMO Hxxxxx Bank N.A. Mutual of Omaha to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent actions on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms hereof and thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 11 Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C IssuersIssuer, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term "agent" herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (Samson Oil & Gas LTD)

Appointment and Authorization of Administrative Agent. Each Lender and the L/C Issuer hereby appoints BMO Hxxxxx Bank Haxxxx Xank N.A. as the Administrative Agent under the Loan Documents and hereby authorizes the Administrative Agent to take such action as Administrative Agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto. The provisions of this Section 11 are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative 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 as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

Appears in 1 contract

Samples: Credit Agreement (American Finance Trust, Inc)

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