Common use of Appointment and Authorization of Agent Clause in Contracts

Appointment and Authorization of Agent. Each Investor hereby irrevocably appoints, designates and authorizes the Agent to take such action on its behalf under the provisions of this Agreement and each other Transaction Document and to exercise such powers and perform such duties as are expressly delegated to the Agent by the terms of this Agreement and any other Transaction Document, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Transaction Document, the Agent shall not have any duties or responsibilities, except those expressly set forth in this Agreement, nor shall the Agent have or be deemed to have any fiduciary relationship with any Investor, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Transaction Document or otherwise exist against the Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” in this Agreement 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 of Agent. (a) Each Investor Lender hereby irrevocably (subject to Section 9.09) appoints, designates and authorizes the Agent to take such action on its behalf under the provisions of this Agreement and each other Transaction Loan Document and to exercise such powers and perform such duties as are expressly delegated to the Agent it by the terms of this Agreement and or any other Transaction Loan Document, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Transaction Loan Document, the Agent shall not have any duties or responsibilities, except those expressly set forth in this Agreementherein, nor shall the Agent have or be deemed to have any fiduciary relationship with any InvestorLender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Transaction Loan Document or otherwise exist against the Agent. Without limiting the generality of the foregoing sentence, the use of the term “"agent” " in this Agreement 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 Lawlaw. 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 of Agent. (a) Each Investor Lender hereby irrevocably appoints, designates and authorizes the Agent to take such action on its behalf under the provisions of this Agreement and each other Transaction Loan Document and to exercise such powers and perform such duties as are expressly delegated to the Agent it by the terms of this Agreement and or any other Transaction Loan Document, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement herein or in any other Transaction Loan Document, the Agent shall not have any duties or responsibilities, except those expressly set forth in this Agreementherein, nor shall the Agent have or be deemed to have any fiduciary relationship with any InvestorLender or participant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Transaction 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 this Agreement the other Loan 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 of Agent. Each Investor Lender hereby irrevocably (subject to Section 7.9) appoints, designates and authorizes the Agent to take such action on its behalf under the provisions of this Agreement and each other Transaction Document Operative Agreement and to exercise such powers and perform such duties as are expressly delegated to the Agent it by the terms of this Agreement and or any other Transaction DocumentOperative Agreement, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Transaction DocumentOperative Agreement, the Agent shall not have any duties or responsibilities, except those expressly set forth in this Agreementherein, nor shall the Agent have or be deemed to have any fiduciary relationship with any InvestorLender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Transaction Document Operative Agreement or otherwise exist against the Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” in this Agreement 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 Lawlaw. 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 of Agent. Each Investor Liquidity Bank hereby irrevocably appoints, designates and authorizes the Agent to take such action on its behalf under the provisions of this Agreement and each other Transaction Document and to exercise such powers and perform such duties as are expressly delegated to the Agent by the terms of this Agreement and any other Transaction Document, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Transaction Document, the Agent shall not have any duties or responsibilities, except those expressly set forth in this Agreement, nor shall the Agent have or be deemed to have any fiduciary relationship with any InvestorLiquidity Bank, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Transaction Document or otherwise exist against the Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” in this Agreement 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 of Agent. Each Investor Bank hereby irrevocably (subject to Section 7.9) appoints, designates and ----------- authorizes the Agent to take such action on its behalf under the provisions of this Agreement and each other Transaction Loan Document and to exercise such powers and perform such duties as are expressly delegated to the Agent it by the terms of this Agreement and or any other Transaction Loan Document, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Transaction Loan Document, the Agent shall not have any duties or responsibilities, except those expressly set forth in this Agreementherein, nor shall the Agent have or be deemed to have any fiduciary relationship with any InvestorBank, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Transaction Loan Document or otherwise exist against the Agent. Without limiting the generality of the foregoing sentence, the use of the term “"agent” " in this Agreement 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 Lawlaw. 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.