Common use of Appointment of the Administrative Agent Clause in Contracts

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as the Administrative Agent hereunder and under the other Loan Documents, and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. to act as the Administrative Agent in accordance with the terms hereof and the other Loan Documents. Each Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents and Lenders and no Loan Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07). In performing its functions and duties hereunder, each Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, any obligation towards or relationship of agency or trust with or for Borrower or any of its Subsidiaries. As of the Effective Date, no Arranger in such capacity shall have any obligations but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof to the Administrative Agent and the Borrower.

Appears in 6 contracts

Samples: Guaranty Agreement (Snap Inc), Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc)

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Appointment of the Administrative Agent. Each Lender and each Issuing Bank JPMCB is hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as appointed the Administrative Agent hereunder and under the other Loan Documents, Credit Documents and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. JPMCB to act as the Administrative Agent in accordance with the terms hereof and the other Loan Credit Documents. Each The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Credit Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders the Lenders, and no Loan Credit Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07)thereof. In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, assumed any obligation towards or relationship of agency or trust with or for the Borrower or any Subsidiary (it being understood that nothing in this Section 8.01 shall limit the express agreements of its Subsidiariesthe Administrative Agent set forth in this Agreement and the other Credit Documents). As of the Effective Closing Date, X.X. Xxxxxx Securities LLC, in its capacity as Arranger, shall have no Arranger obligations, in such capacity shall have any obligations capacity, under this Agreement but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof Notwithstanding anything to the Administrative Agent and contrary contained in this Agreement, the Borrowerparties hereto hereby agree that no bookrunner, documentation agent, managing agent or co-agent named on the cover of this Agreement shall have any rights, duties, responsibilities or liabilities in such respective capacity under this Agreement, nor shall any such Person have the authority to take any action hereunder in its capacity as such.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Facebook Inc)

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as JPMCB is xxxxxx appointed the Administrative Agent hereunder xxxxxxxxx and under the other Loan Documents, Credit Documents and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. JPMCB to act as the Administrative Agent in accordance with the terms hereof and the other Loan Credit Documents. Each The Administrative Agent hereby xxxxxx agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Credit Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders the Lenders, and no Loan Credit Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07)thereof. In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, assumed any obligation towards or relationship of agency or trust with or for the Borrower or any Subsidiary (it being understood that nothing in this Section 8.01 shall limit the express agreements of its Subsidiariesthe Administrative Agent set forth in this Agreement and the other Credit Documents). As of the Effective Closing Date, X.X. Xxxxxx Securities LLC, in its capacity as Arranger, shall have no Arranger obligations, in such capacity shall have any obligations capacity, under this Agreement but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof Notwithstanding anything to the Administrative Agent and contrary contained in this Agreement, the Borrowerparties hereto hereby agree that no bookrunner, documentation agent, managing agent or co-agent named on the cover of this Agreement shall have any rights, duties, responsibilities or liabilities in such respective capacity under this Agreement, nor shall any such Person have the authority to take any action hereunder in its capacity as such.

Appears in 1 contract

Samples: Credit Agreement

Appointment of the Administrative Agent. Each Lender and each Issuing Bank JPMCB is hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as appointed the Administrative Agent hereunder and under the other Loan Documents, Credit Documents and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. JPMCB to act as the Administrative Agent in accordance with the terms hereof and the other Loan Credit Documents. Each The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Credit Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders the Lenders, and no Loan Credit Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07)thereof. In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, assumed any obligation towards or relationship of agency or trust with or for the Borrower or any Subsidiary (it being understood that nothing in this Section 8.01 shall limit the express agreements of its Subsidiariesthe Administrative Agent set forth in this Agreement and the other Credit Documents). As of the Effective Closing Date, X.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, in their capacities as Arrangers, shall have no Arranger obligations, in such capacity shall have any obligations capacities, under this Agreement but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof Notwithstanding anything to the Administrative Agent and contrary contained in this Agreement, the Borrowerparties hereto hereby agree that no bookrunner, documentation agent, managing agent or co-agent named on the cover of this Agreement shall have any rights, duties, responsibilities or liabilities in such respective capacity under this Agreement, nor shall any such Person have the authority to take any action hereunder in its capacity as such.

Appears in 1 contract

Samples: Credit Agreement (Facebook Inc)

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. Xxxxx Bank USA as the Administrative Agent hereunder and under the other Loan Documents, and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. Sachs Bank USA to act as the Administrative Agent in accordance with the terms hereof and the other Loan Documents. Each The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders and no Loan Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07). In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, any obligation towards or relationship of agency or trust with or for Borrower or any of its Subsidiaries. As of the Effective Date, no No Arranger in such capacity shall have any obligations in such capacities but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof to the Administrative Agent 8 and the BorrowerArticle 9.

Appears in 1 contract

Samples: Revolving Credit Agreement (SoFi Technologies, Inc.)

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Appointment of the Administrative Agent. Each Lender and each Issuing Bank JPMCB is hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as appointed the Administrative Agent hereunder and under the other Loan Documents, Credit Documents and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. JPMCB to act as the Administrative Agent in accordance with the terms hereof and the other Loan Credit Documents. Each The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Credit Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders the Lenders, and no Loan Credit Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07)thereof. In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, assumed any obligation towards or relationship of agency or trust with or for the Borrower or any Subsidiary (it being understood that nothing in this Section 8.01 shall limit the express agreements of its Subsidiariesthe Administrative Agent set forth in this Agreement and the other Credit Documents). As of the Effective Closing Date, no Arranger neither X.X. Xxxxxx Securities LLC nor Xxxxxx Xxxxxxx Senior Funding LLC, in such its capacity as Arranger, shall have any obligations obligations, in such capacity, under this Agreement but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof Notwithstanding anything to the Administrative Agent and contrary contained in this Agreement, the Borrowerparties hereto hereby agree that no bookrunner, documentation agent, managing agent or co-agent named on the cover of this Agreement shall have any rights, duties, responsibilities or liabilities in such respective capacity under this Agreement, nor shall any such Person have the authority to take any action hereunder in its capacity as such.

Appears in 1 contract

Samples: Bridge Loan Agreement (Facebook Inc)

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as the Administrative Agent hereunder and under the other Loan Documents, and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. to act as the Administrative Agent in accordance with the terms hereof and the other Loan Documents. Each Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of Confidential Treatment Requested by Uber Technologies, Inc. Pursuant to 17 C.F.R. Section 200.83 this Article 8 are solely for the benefit of the Agents and Lenders and no Loan Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07). In performing its functions and duties hereunder, each Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, any obligation towards or relationship of agency or trust with or for Borrower or any of its Subsidiaries. As of the Effective Date, no Arranger in such capacity shall have any obligations but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof to the Administrative Agent and the Borrower.

Appears in 1 contract

Samples: Guaranty Agreement (Uber Technologies, Inc)

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