Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 126 contracts
Samples: Credit Agreement (Plymouth Industrial REIT, Inc.), Credit Agreement (Behringer Harvard Reit I Inc), Credit Agreement (Carter Validus Mission Critical REIT, Inc.)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 53 contracts
Samples: Revolving Credit Agreement (Anacomp Inc), Revolving Credit Agreement (Digitas Inc), Multicurrency Revolving Credit Agreement (Rogers Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 41 contracts
Samples: Secured Term Loan Agreement (First Potomac Realty Trust), Revolving Credit Agreement (First Potomac Realty Trust), Unsecured Revolving Credit Agreement (Amerivest Properties Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 19 contracts
Samples: Possession Credit Agreement (Real Mex Restaurants, Inc.), Revolving Credit Agreement (Nationsrent Inc), Revolving Credit Agreement (Century Aluminum Co)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 14 contracts
Samples: Loan Agreement (Comstock Homebuilding Companies, Inc.), Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp)
Employees and Agents. The Agent may exercise its powers and execute -------------------- its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 11 contracts
Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit (Mapics Inc), Credit Agreement (Fairfield Communities Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 7 contracts
Samples: Credit Agreement (Mid-America Apartments, L.P.), Master Credit Agreement (Howard Hughes Corp), Credit Agreement (Mid-America Apartments, L.P.)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable and documented fees and out-of-pocket expenses of any such Persons shall be paid by the Borrower.
Appears in 7 contracts
Samples: Senior Secured Credit Agreement (Healthcare Trust, Inc.), Credit Agreement (Global Net Lease, Inc.), Senior Secured Credit Agreement (Healthcare Trust, Inc.)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable out-of-pocket fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 7 contracts
Samples: Assignment and Acceptance Agreement (QualityTech, LP), Credit Agreement (QTS Realty Trust, Inc.), Credit Agreement (NorthStar Healthcare Income, Inc.)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable and documented fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 7 contracts
Samples: Term Loan Agreement (Independence Realty Trust, Inc.), Term Loan Agreement (Independence Realty Trust, Inc.), Term Loan Agreement (Independence Realty Trust, Inc.)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 6 contracts
Samples: Stock Pledge Agreement (Metallurg Inc), Revolving Credit and Term Loan Agreement (Trico Marine Services Inc), Revolving Credit Agreement (Trico Marine Services Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable and documented fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 6 contracts
Samples: Credit Agreement (Independence Realty Trust, Inc), Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Gladstone Commercial Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerCompany.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Hasbro Inc), Revolving Credit Agreement (Hasbro Inc), Secured Revolving Credit Agreement (Picturetel Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 5 contracts
Samples: Pledge and Security Agreement (Sl Green Realty Corp), Revolving Secured Credit and Guaranty Agreement (Sl Green Realty Corp), Revolving Credit and Guaranty Agreement (Sl Green Realty Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrower to the extent otherwise required hereunder.
Appears in 5 contracts
Samples: Term Loan Agreement (Condor Hospitality Trust, Inc.), Management Agreement (New Senior Investment Group Inc.), Credit Agreement (Condor Hospitality Trust, Inc.)
Employees and Agents. The Agent Agents may exercise its their powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent Agents may utilize the services of such Persons as the Agent Agents in their sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 4 contracts
Samples: Credit and Gold Consignment Agreement (Whitehall Jewellers Inc), Consignment Agreement (Marks Bros Jewelers Inc), Loan and Gold Consignment Agreement (Commemorative Brands Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through affiliates, employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Hbo & Co), Revolving Credit and Term Loan Agreement (Perkins Family Restaurants Lp), Revolving Credit Agreement (Perkins Finance Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrower to the extent provided for in §15.
Appears in 4 contracts
Samples: Credit Agreement (Dupont Fabros Technology, Inc.), Term Loan Agreement (Dupont Fabros Technology, Inc.), Credit Agreement (DuPont Fabros Technology LP)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees employees, agents or agents affiliates and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 3 contracts
Samples: Credit and Term Loan Agreement (Flextronics International LTD), Revolving Credit Agreement (Flextronics International LTD), Revolving Credit Agreement (Flextronics International LTD)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by Borrower to the Borrowerextent provided for in §15.
Appears in 3 contracts
Samples: Credit Agreement (CyrusOne Inc.), Credit Agreement (CyrusOne Inc.), Credit Agreement (Dupont Fabros Technology, Inc.)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerLoan Parties.
Appears in 3 contracts
Samples: Term Loan Agreement (CoreSite Realty Corp), Term Loan Agreement (CoreSite Realty Corp), Term Loan Agreement (CoreSite Realty Corp)
Employees and Agents. The Each Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the said Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Dynamics Research Corp), Loan Agreement (Dynamics Research Corp)
Employees and Agents. The Agent may exercise its powers and -------------------- execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Beacon Properties L P), Credit Agreement (Boston Properties Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrower in accordance with and subject to the limitations of Section 13.
Appears in 2 contracts
Samples: Credit Agreement (Rottlund Co Inc), Credit Agreement (Rottlund Co Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower, except in any case where this Credit Agreement provides that the Borrower is not responsible for costs.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp), Credit and Term Loan Agreement (Petro Stopping Centers L P)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc), Revolving Credit Agreement (Stride Rite Corp)
Employees and Agents. The Agent Agents may exercise its their powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent Agents may utilize the services of such Persons as the Agent Agents in their sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Allied Holdings Inc), Revolving Credit Agreement (Allied Holdings Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Sl Green Realty Corp), Credit and Guaranty Agreement (Sl Green Realty Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Dupont Fabros Technology, Inc.), Credit Agreement (Dupont Fabros Technology, Inc.)
Employees and Agents. The Agent Agents may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent Agents may utilize the services of such Persons as the Agent Agents in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Term Loan Agreement (Emmis Communications Corp), Revolving Credit (Emmis Communications Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Construction and Term Loan Agreement (Trailer Bridge Inc), Revolving Credit Agreement (Decisionone Holdings Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan DocumentsLender Agreements. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Ekco Group Inc /De/), Credit Agreement (Bright Horizons Family Solutions Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Anacomp Inc), Revolving Credit Agreement (Anacomp Inc)
Employees and Agents. The Agent may exercise its powers and --------- --- ------ execute its duties hereunder by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan DocumentsNotes. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerCompany.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Sterling Commerce Inc), Revolving Credit Agreement (Sterling Software Inc)
Employees and Agents. The Agent Agents may exercise its their powers and execute its their duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its their rights and duties under this Agreement and the other Loan DocumentsFinancing Agreements. The Each Agent may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerParent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Clean Harbors Inc), Loan and Security Agreement (Clean Harbors Inc)
Employees and Agents. The Each Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Hvide Marine Inc), Revolving Credit and Term Loan Agreement (Hvide Marine Inc)
Employees and Agents. The Agent may exercise its powers and -------------------- execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Value Health Inc / Ct), Revolving Credit and Term Loan Agreement (Mapics Inc)
Employees and Agents. The Agent Agents may exercise its their powers and -------------------- execute its their duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its their rights and duties under this Credit Agreement and the other Loan Documents. The Agent Agents may utilize the services of such Persons as the Agent Agents in their sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees employees, affiliates or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all and, if the reasonable fees and expenses of any such Persons are not paid by the Borrower, they shall be paid by the BorrowerLenders based upon their respective Commitment Percentages.
Appears in 1 contract
Samples: Revolving Credit Agreement (Dollar Tree Stores Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees employees, agents or agents affiliates and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 1 contract
Samples: Revolving Credit Agreement (Flextronics International LTD)
Employees and Agents. The Agent may exercise its powers and -------------------- execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (United States Filter Corp)
Employees and Agents. The Each Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the such Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.Borrowers. 150
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Griffin-American Healthcare REIT III, Inc.)
Employees and Agents. The Agent may exercise its powers and execute -------------------- its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower. 13.3.
Appears in 1 contract
Samples: Revolving Credit Agreement (New England Business Service Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrower to the extent Borrower would be otherwise obligated to pay such expenses if incurred directly by Agent.
Appears in 1 contract
Samples: Credit Agreement (Monogram Residential Trust, Inc.)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan DocumentsFinancing Agreements. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of -51- such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.Loan
Appears in 1 contract
Samples: Revolving Credit Agreement (Excel Realty Trust Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable out-of-pocket fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 1 contract
Employees and Agents. The Each Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower, subject to any limitations therefor provided in ss.19.1 hereof.
Appears in 1 contract
Employees and Agents. The Any Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Any Agent may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Emmis Communications Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable and documented fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable out-of-pocket fees and expenses of any such Persons shall be paid by the Borrower.. 112
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable and documented fees and expenses of any such Persons shall be paid by the Borrower.. §14.3
Appears in 1 contract
Employees and Agents. The Agent Each of the Agents may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Bell Sports Corp)
Employees and Agents. The Agent may exercise its powers and execute -------------------- its duties by or through employees employees, affiliates or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Ameriking Inc)
Employees and Agents. The Each Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (United States Filter Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties 92 -86- under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 1 contract
Employees and Agents. -47- The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers and if not paid by the Borrowers shall be paid by the Lenders based upon their respective Commitment Percentages.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sunglass Hut International Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons that are not employees of the Agent shall be paid by the Borrower.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Humphrey Hospitality Trust Inc)
Employees and Agents. The Agent may exercise its powers and execute its -------------------- duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower, except in any case where this Credit Agreement provides that the Borrower is not responsible for costs.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable and documented fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: And Consolidated Credit Agreement (Independence Realty Trust, Inc.)
Employees and Agents. The Agent Agents may exercise its their powers and execute its their duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its their rights and duties under this Credit Agreement and the other Loan Documents. The Agent Each of the Agents may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower. 14.3.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and -------------------- execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Consignment Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerConsignees.
Appears in 1 contract
Samples: Gold Consignment Agreement (Finlay Enterprises Inc /De)
Employees and Agents. The Agent Each of the Agents may exercise its powers and -------------------- execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent Each of the Agents may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Revolving Credit Agreement (California Steel Industries Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable and documented fees and expenses of any such Persons shall be paid by the Borrower.. 109
Appears in 1 contract
Samples: Joinder Agreement (Independence Realty Trust, Inc.)
Employees and Agents. The Agent may exercise its powers power and -------------------- execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Credit Agreement (New England Business Service Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrower in accordance with Section 14.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and -------------------- execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower, except in any case where this Credit Agreement provides that the Borrower is not responsible for costs.
Appears in 1 contract
Samples: And Term Loan Agreement (Petro Stopping Centers L P)
Employees and Agents. The Agent may exercise its powers and execute -------------------- its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers and the Guarantors.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (CMG Information Services Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may 100 reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and upon the occurrence and during the continuation of a Default or an Event of Default, all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Revolving Credit Agreement (Allbritton Communications Co)
Employees and Agents. The Agent Agents may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent Agents may utilize the services of such Persons as the Agent Agents in their sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower. 14.3.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower. 14.3.
Appears in 1 contract
Samples: Loan Agreement (Liberty Property Limited Partnership)
Employees and Agents. The Each Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the such Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.Borrowers. Section 14.3
Appears in 1 contract
Samples: Management Agreement (American Healthcare REIT, Inc.)
Employees and Agents. The Each Agent may exercise its powers and --------- --- ------ execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The In so doing, the Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Revolving Credit (Weider Nutrition International Inc)
Employees and Agents. The Each Agent may exercise its powers and -------------------- execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Each Agent may utilize the services of such Persons as the such Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (United States Filter Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.Loan Parties. 107
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall shall, to the extent provided in Section 16.1, be paid by the Borrower. 15.3.
Appears in 1 contract
Samples: Revolving Credit Agreement (Rollins Truck Leasing Corp)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerCompany.
Appears in 1 contract
Samples: Security Agreement (Genrad Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.. 91
Appears in 1 contract
Samples: Credit Agreement (Mid America Apartment Communities Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Loan Documents. The After an Event of Default has occurred and is continuing, the Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Revolving Credit Agreement (Freedom Securiteis Corp /De/)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, determine and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrower and the Guarantors.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (CMG Information Services Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrower to the extent Borrower would otherwise be obligated to pay such expenses if incurred directly by Agent.
Appears in 1 contract
Samples: Credit Agreement (Monogram Residential Trust, Inc.)
Employees and Agents. The Agent may exercise its powers and --------- --- ------ execute its duties by or through employees employees, affiliates or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Credit Agreement and the other Revolver Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerBorrowers.
Appears in 1 contract
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent in its sole discretion may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the Borrower.
Appears in 1 contract
Samples: Credit Agreement (NVR Inc)
Employees and Agents. The Agent may exercise its powers and execute its duties by or through employees or agents and shall be entitled to take, and to rely on, advice of counsel concerning all matters pertaining to its rights and duties under this Agreement and the other Loan Documents. The Agent may utilize the services of such Persons as the Agent may reasonably determine, and all reasonable fees and expenses of any such Persons shall be paid by the BorrowerLoan Parties.
Appears in 1 contract
