THE AGENTS AND THE LENDERS Sample Clauses
The "Agents and the Lenders" clause defines the roles, responsibilities, and relationships between the agents (such as administrative or facility agents) and the lenders involved in a financing arrangement. It typically outlines how agents act on behalf of the lenders, the scope of their authority, and the procedures for communication and decision-making among the parties. For example, the clause may specify how instructions are given to the agent, how the agent distributes payments, or how lenders can replace the agent. This clause is essential for ensuring efficient administration of the loan and clarifying the division of duties, thereby reducing confusion and potential disputes among the parties.
THE AGENTS AND THE LENDERS. 27.1 Each Lender hereby appoints the Agent to act as its agent in connection with this Agreement and the Finance Documents and the Collateral Agent to act as its agent in connection with the Collateral Documents and authorizes each of the Agent and the Collateral Agent to exercise such rights, powers, authorities and discretions as are specifically delegated to the Agent by the terms hereof together with all such rights, powers, authorities and discretions as are reasonably incidental thereto.
27.2 Each of the Agent and the Collateral Agent may:
(i) assume that:
(a) any representation made by any Obligor in connection with any Finance Document is true;
(b) no Event of Default has occurred;
(c) no Obligor is in breach of or default under its obligations under any Finance Document; and
(d) any right, power, authority or discretion vested in a Finance Document upon the Requisite Lenders, the Lenders or any other person or group of persons has not been exercised, unless it has, in its capacity as agent for the Lenders hereunder, received notice to the contrary from any other party hereto;
(ii) assume that the Facility Office of each Lender is that identified with its signature below (or, in the case of a Transferee, at the end of the Transfer Certificate to which it is a party as Transferee, or in the case of an Overdraft Facility Transferee, at the end of the Overdraft Provider Transfer Certificate to which it is a party as the Overdraft Facility Transferee) until it has received from such Lender a notice designating some other office of such Lender to replace its Facility Office and act upon any such notice until the same is superseded by a further such notice;
(iii) engage and pay for the advice or services of any lawyers, accountants, surveyors or other experts whose advice or services may to it seem necessary, expedient or desirable and rely upon any advice so obtained;
(iv) rely as to any matters of fact which might reasonably be expected to be within the knowledge of the Borrower upon a certificate signed by or on behalf of the Borrower;
(v) rely upon any communication or document believed by it to be genuine;
(vi) refrain from exercising any right, power or discretion vested in it as Agent under any Finance Document unless and until instructed by the Requisite Lenders as to whether or not such right, power or discretion is to be exercised and, if it is to be exercised, as to the manner in which it should be exercised; and
(vii) retrain from acting in a...
THE AGENTS AND THE LENDERS. Section 14.1. RIGHTS, DUTIES AND IMMUNITIES OF ADMINISTRATIVE AGENT.
(a) APPOINTMENT OF ADMINISTRATIVE AGENT. Each Lender hereby irrevocably designates and appoints Fleet as Administrative Agent of such Lender to act as specified herein and in the other Loan Documents, and each such Lender hereby irrevocably authorizes the Administrative Agent to take such actions, exercise such powers and perform such duties as are expressly delegated to or conferred upon the Administrative Agent by the terms of this Agreement and the other Loan Documents, together with such other powers as are reasonably incidental thereto. The Administrative Agent agrees to act as such upon the express conditions contained in this Section 14. The Administrative Agent shall not have any duties or responsibilities except those expressly set forth herein or in the other Loan Documents, nor shall it have any fiduciary relationship with any Lender, and no implied covenants, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent. The provisions of this Section 14 are solely for the benefit of the Administrative Agent, the other Agents and the Lenders, and no Obligor shall have any rights as a third party beneficiary of any of the provisions hereof.
THE AGENTS AND THE LENDERS. BOOKS AND RECORDS; MONTHLY
THE AGENTS AND THE LENDERS. 105 15.1 Authorization of Agent.................................105 15.2 Agents' Responsibility.................................106 15.3 Rights of Agents as Lenders............................106 15.4 Indemnity..............................................107 15.5 Notice by Administrative Agent to Lenders..............107 15.6 Protection of Agents...................................107 15.7 Notice by Lenders to Administrative Agent..............108 15.8
THE AGENTS AND THE LENDERS. Section 9.1 Appointment and Authority. 33 Section 9.2 Rights as a Lender. 33 Section 9.3 Exculpatory Provisions. 33 Section 9.4 Reliance by Administrative Agent. 34 Section 9.5 Indemnification of Agents. 35 Section 9.6 Delegation of Duties. 35 Section 9.7 Notices. 35
THE AGENTS AND THE LENDERS. 84 SECTION 7.01. Appointment; Powers and Immunities....................................................84 SECTION 7.02. Reliance by Agents....................................................................86 SECTION 7.03. Defaults..............................................................................86 SECTION 7.04. Rights of Each Agent and its Affiliates as a Lender...................................86 SECTION 7.05. Indemnification.......................................................................86 SECTION 7.06. Payee of Note Treated as Owner........................................................87 SECTION 7.07. Nonreliance on Agents, Issuers or Other Lenders.......................................87 SECTION 7.08. Failure to Act........................................................................87
THE AGENTS AND THE LENDERS