Common use of Appointment and Authorization of the Agents Clause in Contracts

Appointment and Authorization of the Agents. (a) Each Bank hereby irrevocably appoints, designates and authorizes each Agent to take such action on its behalf under the provisions of this Agreement and each other Financing 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 Financing Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Financing 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 Bank or Participant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Financing Document or otherwise exist against any Agent. Without limiting the generality of the foregoing sentence, the use of the term "agent" herein and in the other Financing 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.

Appointment and Authorization of the Agents. (a) Each Bank Lender Party hereby irrevocably appoints, designates and authorizes each Agent of the Agents to take such action on its behalf under the provisions of this Agreement and each other Financing 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 Financing Loan Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Financing 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 Bank Lender Party or Participantparticipant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Financing Loan Document or otherwise exist against any such Agent. Without limiting the generality of the foregoing sentence, the use of the term "agent" herein and in the other Financing 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.

Appointment and Authorization of the Agents. (a) Each Bank Lender Party hereby irrevocably appoints, designates and authorizes each Agent of the Agents to take such action on its behalf under the provisions of this Agreement and each other Financing 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 Financing Loan Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Financing 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 Bank Lender Party or Participantparticipant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Financing Loan Document or otherwise exist against any such Agent. Without limiting the generality of the foregoing sentence, the use of the term "“agent" ” herein and in the other Financing 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 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 the Agents. (a) Each Bank Lender Party hereby irrevocably (subject to Section 9.09) appoints, designates and authorizes each Agent to take such action on its behalf under the provisions of this Agreement and each other Financing 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 Financing Loan Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Financing 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 Bank Lender Party or Participantparticipant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Financing Loan Document or otherwise exist against any Agent. Without limiting the generality of the foregoing sentence, the use of the term "agent" herein and in the other Financing 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.

Appointment and Authorization of the Agents. (a) Each Bank Lender Party hereby irrevocably appoints, designates and authorizes each Agent of the Agents to take such action on its behalf under the provisions of this Agreement and each other Financing 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 Financing Loan Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Financing 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 Bank Lender Party or Participantparticipant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Financing Loan Document or otherwise exist against any such Agent. Without limiting the generality of the foregoing sentence, the use of the term "“agent" ” herein and in the other Financing 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.