Fleet Bank Clause Samples

Fleet Bank. SeraNova shall use its reasonable best efforts to obtain the consent of Fleet Capital Corporation and Fleet Bank to the terms of this Agreement and the transactions contemplated hereby.

Fleet Bank. NH is hereby appointed to act on behalf of all Lenders as Agent under this Agreement and the other Loan Documents. The provisions of this Section 9.2 are solely for the benefit of Agent and Lenders and no Borrower nor any other Person shall have any rights as a third party beneficiary of any of the provisions hereof. In performing its functions and duties under this Agreement and the other Loan Documents, Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Borrower or any other Person. Agent shall have no duties or responsibilities except for those expressly set forth in this Agreement and the other Loan Documents. The duties of Agent shall be mechanical and administrative in nature and Agent shall not have, or be deemed to have, by reason of this Agreement, any other Loan Document or otherwise a fiduciary relationship in respect of any Lender. Neither Agent nor any of its Affiliates nor any of their respective of ricers, directors, employees, agents or representatives shall be liable to any Lender for any action taken or omitted to be taken by it hereunder or under any other Loan Document, or in connection herewith or therewith, except for damages solely caused by its or their own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction. If Agent shall request instructions from Requisite Lenders, Requisite Revolving Lenders, or all affected Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Loan Document, then Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Lenders, Requisite Revolving Lenders, or all affected Lenders, as the case may be, and Agent shall not incur liability to any Person by reason of so refraining. Agent shall be fully justified in failing or refusing to take any action hereunder or under any other Loan Document (a) if such action would, in the opinion of Agent, be contrary to law or the terms of this Agreement or any other Loan Document, (b) if such action would, in the opinion of Agent, expose Agent to Environmental Liabilities or (c) if Agent shall not first be indemnified to its satisfaction against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such act...

Fleet Bank. 35 ARTICLE V -

Fleet Bank. Fleet") has a blanket lien on all of the assets of REAL, including intangibles. No consent of Fleet is required for the transactions contemplated by this Agreement and the Collateral Agreements. Fleet's lien is automatically released with respect to the Purchased Assets upon payment to REAL. The purchase price will be wire transferred to REAL's account at Fleet.

Fleet Bank as Agent under the Fleet Bank Credit Facility, shall have executed and delivered to the Bank a letter acknowledging and agreeing as to the pari passu nature of payments and borrowings under the Line of Credit and the Fleet Bank Credit Facility.