Duties Specified. Each Lender irrevocably authorizes the Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party and to exercise such powers hereunder and under the Financing Documents and other instruments and agreements referred to herein as are specifically delegated to the Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Agent shall have only those duties and responsibilities which are expressly specified in this Agreement or in any of the Financing Documents and may perform such duties by or through its agents or employees. The duties of the Agent shall be mechanical and administrative in nature; and the Agent shall not have by reason of this Agreement or any of the Financing Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security Documents, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any of the Financing Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Sources: Loan Agreement (PCD Inc)
Duties Specified. Each Lender irrevocably authorizes the Administrative Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party behalf and to exercise such powers hereunder and under the Financing Documents and other instruments and agreements referred to herein (including, without limitation, the Collateral Documents, the Company Guaranty, the O-I Subsidiary Guaranty and the Intercreditor Agreement) as are specifically delegated to the Administrative Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Administrative Agent shall have only those duties and responsibilities which are expressly specified in this Agreement, the Collateral Documents, the Company Guaranty, the O-I Subsidiary Guaranty and the Intercreditor Agreement or in any of the Financing Documents and it may perform such duties by or through its agents or employees. Documentation Agent shall have no powers or duties hereunder except as expressly specified in this Agreement. The duties of the Agent Agents shall be mechanical and administrative in nature; and the Agent Agents shall not have by reason of this Agreement or any of the Financing Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security DocumentsAgreement, expressed or implied, is intended in- tended to or shall be so construed as to impose upon the Agent Agents any obligations in respect of this Agreement or any of the Financing Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Duties Specified. Each Lender irrevocably authorizes the each Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party behalf and to exercise such powers hereunder and under the Financing Documents and other instruments and agreements referred to herein (including, without limitation, the Collateral Documents) as are specifically delegated to the such Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Each Agent shall have only those duties and responsibilities which that are expressly specified with respect to such Agent in this Agreement or in any of and the Financing Collateral Documents and it may perform such duties by or through its agents or employees. The duties of the Agent Agents shall be mechanical and administrative in nature; and the no Agent shall not have by reason of this Agreement or any of the Financing Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security DocumentsAgreement, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any of the Financing Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest No Lender designated as a Lenderco-agent shall have any fiduciary relationship with any Agent, any other Lender or any Loan Party nor any additional obligations under this Agreement by reason of such designation.
Appears in 1 contract
Sources: Credit Agreement (Blue Bird Corp)
Duties Specified. Each Lender irrevocably authorizes the each Primary Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party ’s behalf and to exercise such powers powers, rights and remedies hereunder and under the Financing other Loan Documents and other instruments and agreements referred to herein as are specifically delegated to the such Primary Agent by the terms hereof and thereof, together with such powers powers, rights and remedies as are reasonably incidental thereto. The Each Primary Agent shall have only those duties and responsibilities which that are expressly specified for such Primary Agent in this Agreement or in any of and the Financing Documents other Loan Documents, and it may exercise such powers, rights and remedies and perform such duties by or through its agents or employees, it being understood that, except as expressly specified herein, no Primary Agent other than the Administrative Agents shall have any duties or responsibilities under this Agreement and the other Loan Documents. The duties of the Agent Administrative Agents shall be mechanical and administrative in nature; and the . No Primary Agent shall not have have, by reason of this Agreement or any of the Financing Documents other Loan Documents, a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon the any Primary Agent any obligations in respect of this Agreement or any of the Financing other Loan Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Sources: Credit Agreement (Safeway Inc)
Duties Specified. Each Lender irrevocably authorizes the Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party behalf and to exercise such powers hereunder and under the Financing other Loan Documents and other instruments and agreements referred to herein as are specifically delegated to the Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Agent shall have only those duties and responsibilities which that are expressly specified in this Agreement or in any of and the Financing other Loan Documents and it may perform such duties by or through its agents or employees. The duties of the Agent shall be mechanical and administrative in nature; and the Agent shall not have have, by reason of this Agreement or any of the Financing Documents other Loan Documents, a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any of the Financing other Loan Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of Anything in this Agreement or the other provisions of this Article 8Loan Documents to the contrary notwithstanding, the Documentation Agent agrees to exercise the same degree of care shall not have any duties or responsibilities hereunder in or under any Loan Documents other than its capacity as Agent for the Lenders as the Agent does to protect its own interest duties and responsibilities as a LenderLender hereunder and thereunder.
Appears in 1 contract
Duties Specified. Each Lender irrevocably authorizes the Administrative Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party ’s behalf and to exercise such powers hereunder and under the Financing Documents and other instruments and agreements referred to herein (including without limitation the Guaranties, the Collateral Documents and the Intercreditor Agreement) as are specifically delegated to the Administrative Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Administrative Agent shall have only those duties and responsibilities which are expressly specified in this Agreement, the Guaranties, the Collateral Documents and the Intercreditor Agreement or in any of the Financing Documents and may perform such duties by or through its agents or employees. Each of the Tranche A1 and B1 Co-Syndication Agents and the Tranche C Syndication Agents shall have no powers or duties hereunder except as expressly specified in this Agreement. The title of “Senior Managing Agents” and “Co-Documentation Agents” provided to certain Lenders in the introductory paragraph to this Agreement is honorary only and does not impose any duty or obligation on such Lenders. The duties of the Agent Agents shall be mechanical and administrative in nature; and the Agent Agents shall not have by reason of this Agreement or any of the Financing Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security DocumentsAgreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent Agents any obligations in respect of this Agreement or any of the Financing Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Duties Specified. Each Lender irrevocably authorizes the Administrative Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party behalf and to exercise such powers hereunder and under the Financing Documents and other instruments and agreements referred to herein as are specifically delegated to the Administrative Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Administrative Agent shall have only those duties and responsibilities which are expressly specified in this Agreement or in any of the Financing Documents and it may perform such duties by or through its agents or employees. Each of the Co-Documentation Agents and Syndication Agent shall have no powers or duties hereunder except as expressly specified in this Agreement. The duties of the Agent Agents shall be mechanical and administrative in nature; and the Agent Agents shall not have by reason of this Agreement or any of the Financing Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security DocumentsAgreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent Agents any obligations in respect of this Agreement or any of the Financing Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Duties Specified. Each Lender irrevocably authorizes the Administrative Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party behalf and to exercise such powers hereunder and under the Financing Documents and other instruments and agreements referred to herein (including without limitation the Guaranties, the Collateral Documents and the Intercreditor Agreement) as are specifically delegated to the Administrative Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Administrative Agent shall have only those duties and responsibilities which are expressly specified in this Agreement, the Guaranties, the Collateral Documents and the Intercreditor Agreement or in any of the Financing Documents and may perform such duties by or through its agents or employees. Each of the Co-Syndication Agents shall have no powers or duties hereunder except as expressly specified in this Agreement. The title of "Senior Managing Agents" and "Co-Documentation Agents" provided to certain Lenders in the introductory paragraph to this Agreement is honorary only and does not impose any duty or obligation on such Lenders. The duties of the Agent Agents shall be mechanical and administrative in nature; and the Agent Agents shall not have by reason of this Agreement or any of the Financing Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security DocumentsAgreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent Agents any obligations in respect of this Agreement or any of the Financing Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Duties Specified. Each Lender and, by its acceptance of the benefits hereof and of the other Loan Documents, each Interest Rate Exchanger irrevocably authorizes the Agent, Syndication Agent and Arrangers to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party behalf or such Interest Rate Exchanger's behalf and to exercise such powers 158 166 hereunder and under the Financing other Loan Documents and other instruments and agreements referred to herein as are specifically delegated to the Agent, Syndication Agent and Arrangers, by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Agent, Syndication Agent and Arrangers shall have only those duties and responsibilities which that are expressly specified in this Agreement or in any of and the Financing other Loan Documents and each of them may perform such duties by or through its agents or employees. The duties of the Agent, Syndication Agent shall be mechanical and administrative in nature; and the Agent Arrangers shall not have have, by reason of this Agreement or any of the Financing Documents other Loan Documents, a fiduciary relationship in respect of any LenderLender or any Interest Rate Exchanger; and nothing in this Agreement or any of the Security other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon the Agent, Syndication Agent or Arrangers any obligations in respect of this Agreement or any of the Financing other Loan Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Duties Specified. Each Lender irrevocably authorizes the Administrative Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party ’s behalf and to exercise such powers hereunder and under the Financing Documents and other instruments and agreements referred to herein (including without limitation the Guaranties, the Collateral Documents and the Intercreditor Agreement) as are specifically delegated to the Administrative Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Administrative Agent shall have only those duties and responsibilities which are expressly specified in this Agreement, the Guaranties, the Collateral Documents and the Intercreditor Agreement or in any of the Financing Documents and may perform such duties by or through its agents or employees. Each of the Tranche A1 and B1 Co-Syndication Agents and the Tranche C and D Syndication Agents shall have no powers or duties hereunder except as expressly specified in this Agreement. The title of “Senior Managing Agents” and “Co-Documentation Agents” provided to certain Lenders in the introductory paragraph to this Agreement is honorary only and does not impose any duty or obligation on such Lenders. The duties of the Agent Agents shall be mechanical and administrative in nature; and the Agent Agents shall not have by reason of this Agreement or any of the Financing Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security DocumentsAgreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent Agents any obligations in respect of this Agreement or any of the Financing Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Sources: Secured Credit Agreement (Owens Illinois Group Inc)
Duties Specified. Each Lender irrevocably authorizes the Administrative Agent to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party behalf and to exercise such powers hereunder and under the Financing Documents and other instruments and agreements referred to herein (including without limitation the Guaranties, the Collateral Documents and the Intercreditor Agreement) as are specifically delegated to the Administrative Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Administrative Agent shall have only those duties and responsibilities which are expressly specified in this Agreement, the Guaranties, the Collateral Documents and the Intercreditor Agreement or in any of the Financing Documents and may perform such duties by or through its agents or employees. Each of the Co-Syndication Agents shall have no powers or duties hereunder except as expressly specified in this Agreement. The duties of the Agent Agents shall be mechanical and administrative in nature; and the Agent Agents shall not have by reason of this Agreement or any of the Financing Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or any of the Security DocumentsAgreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent Agents any obligations in respect of this Agreement or any of the Financing Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract
Duties Specified. Each Lender and, by its acceptance of the benefits hereof and of the other Loan Documents, each Interest Rate Exchanger irrevocably authorizes the Agent, Syndication Agent and Arrangers to take such action on such Lender's behalf, including, without limitation, to execute and deliver the Financing Documents to which the Agent is a party behalf or such Interest Rate Exchanger's behalf and to exercise such powers hereunder and under the Financing other Loan Documents and other instruments and agreements referred to herein as are specifically delegated to the Agent, Syndication Agent and Arrangers, by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. The Agent, Syndication Agent and Arrangers shall have only those duties and responsibilities which that are expressly specified in this Agreement or in any of and the Financing other Loan Documents and each of them may perform such duties by or through its agents or employees. The duties of the Agent, Syndication Agent shall be mechanical and administrative in nature; and the Agent Arrangers shall not have have, by reason of this Agreement or any of the Financing Documents other Loan Documents, a fiduciary relationship in respect of any LenderLender or any Interest Rate Exchanger; and nothing in this Agreement or any of the Security other Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon the Agent, Syndication Agent or Arrangers any obligations in respect of this Agreement or any of the Financing other Loan Documents or the other instruments and agreements referred to herein except as expressly set forth herein or therein. Without limiting any of the other provisions of this Article 8, the Agent agrees to exercise the same degree of care hereunder in its capacity as Agent for the Lenders as the Agent does to protect its own interest as a Lender.
Appears in 1 contract