The Agent and the Banks. 32.1 Each Bank hereby appoints the Agent to act as its agent in connection herewith and authorises the Agent to exercise such right, powers and discretions as are specifically delegated to the Agent by the terms hereof together with all such rights, powers and discretions as are reasonably identical thereto.
The Agent and the Banks. Section 9.01. The Agency and Co-Agency 51 Section 9.02. The Agent's Duties 51 Section 9.03. Sharing of Payment and Expenses 52 Section 9.04. The Agent's Liabilities 53 Section 9.05. The Agent as a Bank 53 Section 9.06. Bank Credit Decision 53 Section 9.07. Indemnification 54 Section 9.08. Successor Agent 54 ARTICLE X CONSENT TO JURISDICTION; JUDGMENT CURRENCY
The Agent and the Banks shall not be obligated to perform or discharge any obligation or duty to be performed or discharged by the Borrower under the Lease, and the Borrower hereby agrees to indemnify the Agent and the Banks for, and to save harmless from, any and all liability arising from the Lease or from this Assignment. This Assignment shall not place responsibility for the control, care, management or repair of the Property upon the Agent or the Banks, or make the Agent or the Banks responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property resulting in the loss or injury or death to any lessee, licensee, employee or stranger, unless and until such time as the Agent shall take possession and control of the same pursuant hereto.
The Agent and the Banks. Section 9.01.
The Agent and the Banks. 16.01. The Banks hereby irrevocably authorise the Agent (acting through its employees or agents) to take such action on the Banks' behalf and to exercise such powers hereunder as are specifically delegated to the Agent by the terms of this Agreement, together with such powers as are reasonably incidental thereto provided however that all major decisions shall be made by unanimous consent of the Banks. In performing its duties and functions hereunder, the Agent shall exercise the same care as it normally exercises in making and handling loans for its own account, but the Agent assumes no responsibility and neither the Agent nor any of its officers, directors, employees or agents shall be liable to the Banks or any of them for any action taken or omitted to be taken hereunder or in connection with this Agreement, Security Documents and/or the Loan unless caused by its employees' or its agents' gross negligence or wilful misconduct.
The Agent and the Banks. Section 9.1. The Agency and Co-Documentation Agency. (a) Each Bank appoints The Bank of New York as its Agent hereunder and irrevocably authorizes the Agent to take such action on its behalf and to exercise such powers hereunder as are specifically delegated to the Agent by the terms hereof, together with such powers as are reasonably incidental hereto, and the Agent hereby accepts such appointment subject to the terms hereof. The relationship between the Agent and the Banks shall be that of agent and principal only and nothing herein shall be construed to constitute the Agent a trustee for any Bank nor to impose on the Agent duties or obligations other than those expressly provided for herein.
The Agent and the Banks. Thereupon, if the Agent shall request by written notice to the Borrower (after a determination has been made by the Required Banks that any such New Financing Agreement or Financing Agreement Amendment contains any provisions which either individually or in the aggregate are more favorable than one of the provisions set forth herein), the Borrower, the Agent and the Banks shall enter into an amendment to this Agreement providing for substantially the same such Additional Terms as those provided for in such New Financing Agreement or Financing Agreement Amendment, as the case may be, to the extent required and as may be selected by the Agent, such amendment to remain in effect, unless otherwise specified in writing by the Agent, for the entire duration of the stated term to maturity of such Financing (to and including the date to which the same may be extended at the Borrower's option), notwithstanding that such Financing might be earlier terminated by prepayment, refinancing, acceleration or otherwise; provided that if any such New Financing Agreement or the agreement, guarantee, indenture or other instrument amended by a Financing Agreement Amendment shall be modified, supplemented, amended or restated so as to modify, amend or eliminate therefrom any such Additional Term so made a part of this Agreement, then so long as there exists no Default or Event of Default, the Agent and the Banks shall, at the Borrower's request made within 90 days following the date on which such New Financing Agreement or the agreement, guarantee, indenture or other instrument amended by a Financing Agreement Amendment is so modified, supplemented, amended or restated, amend this Agreement to similarly modify, amend or eliminate such Additional Term so made a part of this Agreement, provided that in no event will the Banks and the Agent be required to (i) eliminate any Covenant, representation, warranty, default or event of default which was set forth in this Agreement on the Effective Date or added to this Agreement pursuant to an amendment to this Agreement entered into other than pursuant to this Section, or (ii) modify or amend any Covenant, representation, warranty, default or event of default which was set forth in this Agreement on the Effective Date or added to this Agreement pursuant to any amendment to this Agreement entered into other than pursuant to this Section in a manner such that such Covenant, representation, warranty, default or event of default is less favor...
The Agent and the Banks acknowledge that the Oil and Gas Reserve Reports contain certain proprietary information including geological and geophysical data, maps, models, and interpretations necessary for determining the Borrowing Base and the creditworthiness of the Borrower and the Guarantors. The Agent and the Banks agree to maintain the confidentiality of such information except (A) as required by applicable law and (B) that the Agent and the Banks may share such information with Eligible Assignees who are potential transferees of their interests under this Agreement pursuant to Section 9.6 if such Eligible Assignees agree to maintain the confidentiality of such information pursuant to Section 9.18.
The Agent and the Banks hereby acknowledge and agree that, notwithstanding the terms and provisions of the Guaranty, the Guarantors shall not guaranty or be liable for the principal portions of the Loan for which there has been a Satisfaction of Modified Release Conditions, provided that (1) the Guarantors continue to guaranty in full all Obligations with respect to portions of the Loan for which there has been a Satisfaction of Modified Release Conditions other than the principal amount outstanding of such portions of the Loan from time to time and (2) the Guarantors shall guaranty in full the principal portions of the Loan for which there has been a Satisfaction of Modified Release Conditions attributable to any MRC Investor who does not have a Rating, whose Rating is less than BBB- or whose Rating falls below BBB- after the Satisfaction of Modified Release Conditions attributable to such MRC Investor.
The Agent and the Banks. (a APPOINTMENT AND AUTHORIZATION. Each Bank hereby irrevocably appoints and authorizes Agent to take such action on its behalf and to exercise such powers under the Loan Documents as are delegated to Agent by the terms thereof, together with such powers as are reasonably incidental thereto. With respect to its commitments hereunder and the Notes issued to it, Bank One and any successor Agent shall have the same rights under the Loan Documents as any other Bank and may exercise the same as though it were not the Agent; and the term "
