AGENTS AND BANKS Sample Clauses

AGENTS AND BANKS. THE CHASE MANHATTAN BANK (successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank National Association), as Administrative Agent and as a Bank By: /s/ XXXXX X. XXXX ----------------------------------------- Xxxxx X. Xxxx Vice President BANK ONE, NA (formerly known as The First National Bank of Chicago), as Syndication Agent and as a Bank By: /s/ XXXXXXX X. XXXXX ------------------------------------------ Name: Xxxxxxx X. Xxxxx ------------------------------------- Title: Vice President ------------------------------------ NATIONAL CITY BANK, as Documentation Agent and as a Bank By: /s/ XXX XXXXXXX ------------------------------------------ Name: Xxx Xxxxxxx ------------------------------------- Title: Vice President ------------------------------------ CREDIT LYONNAIS NEW YORK BRANCH By: /s/ XXXXXX XXX ------------------------------------------ Name: Xxxxxx Xxx ------------------------------------- Title: Sr. Vice President ------------------------------------ XXXXX FARGO BANK TEXAS, NATIONAL ASSOCIATION (formerly known as Xxxxx Fargo Bank (Texas), National Association) By: /s/ XXXXX X. XXXXXXX ------------------------------------------ Name: Xxxxx X. Xxxxxxx ------------------------------------- Title: Banking Officer ------------------------------------ Each of the undersigned Guarantors hereby (a) consents and agrees to this Amendment, and (b) agrees that its Guaranty shall continue to be the legal, valid and binding obligation of such Guarantor enforceable against such Guarantor in accordance with its terms. NATIONAL AUTO CENTER, INC. By: /s/ XXXXXX X. XXXXX ------------------------------------------ Name: Xxxxxx X. Xxxxx ------------------------------------- Title: Sr. Vice President ------------------------------------ CELLSTAR, LTD. By: National Auto Center, Inc., General Partner By: /s/ XXXXXX X. XXXXX ------------------------------------------ Name: Xxxxxx X. Xxxxx ------------------------------------- Title: Sr. Vice President ------------------------------------ CELLSTAR FULFILLMENT, LTD. By: CellStar Fulfillment, Inc., General Partner By: /s/ XXXXXX X. XXXXX ------------------------------------------ Name: Xxxxxx X. Xxxxx ------------------------------------- Title: Sr. Vice President ------------------------------------ CELLSTAR FINANCO, INC. By: /s/ XXXXXX X. XXXXX ------------------------------------------ Name: Xxxxxx X. Xxxxx ------------------------------------- Title: Sr. Vice President ---...
Sample 1
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AGENTS AND BANKS. 21.1 The leadership of the banking syndicate is the responsibility of the “Agent”. In the course of leading the syndicate, the “Agent” will make all decisions required for a proper administration of the credit relationship in the normal course of business independently according to its reasonable discretion unless expressly provided otherwise in this Facility Agreement.
Sample 1
AGENTS AND BANKS. FLEET NATIONAL BANK, individually and as Administrative Agent By: Name: WACHOVIA BANK, N.A., individually and as Syndication Agent By: Name: BRANCH BANKING AND TRUST COMPANY, individually and as Documentation Agent By: Name: COMERICA BANK By: Name: RBC CENTURA BANK (f/k/a Centura Bank) By: Name: LASALLE BANK NATIONAL ASSOCIATION By: Name: [Signature Page to Waste Industries Amended and Restated Revolving Credit Agreement] BANK OF AMERICA By: Name: [Signature Page to Waste Industries Amended and Restated Revolving Credit Agreement]
Sample 1
AGENTS AND BANKS. FLEET NATIONAL BANK, individually and as Administrative Agent By: Name: WACHOVIA BANK, N.A. By: Name: BRANCH BANKING AND TRUST COMPANY By: Name: COMERICA BANK By: Name: RBC CENTURA BANK By: Name: LASALLE BANK NATIONAL ASSOCIATION By: Name: BANK OF AMERICA By: Name:
Sample 1
AGENTS AND BANKS. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION (formerly known as Texas Commerce Bank National Association), as Agent and as a Bank. By: /s/ Xxxx X. Xxxxxxxxx -------------------------------------------- Name: Xxxx X. Xxxxxxxxx -------------------------------------- Title: Vice President -------------------------------------
Sample 1

Related to AGENTS AND BANKS

  • AGENTS AND LENDERS rights and remedies under this Agreement shall be cumulative and nonexclusive of any other rights and remedies that Agent or any Lender may have under any other agreement, including the other Loan Documents, by operation of law or otherwise. Recourse to the Collateral shall not be required.

  • Administrative Agent’s and Lender’s Rights In the case of any event specified in Section 4.4.1 [Unascertainable] above, the Administrative Agent shall promptly so notify the Lenders and the Borrower thereof, and in the case of an event specified in Section 4.4.2 [Illegality; Increased Costs; Deposits Not Available] above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A) the Lenders, in the case of such notice given by the Administrative Agent, or (B) such Lender, in the case of such notice given by such Lender, to allow the Borrower to select, convert to or renew a LIBOR Rate Option shall be suspended until the Administrative Agent shall have later notified the Borrower, or such Lender shall have later notified the Administrative Agent, of the Administrative Agent’s or such Lender’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent makes a determination under Section 4.4.1 [Unascertainable] and the Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a LIBOR Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Lender notifies the Administrative Agent of a determination under Section 4.4.2 [

  • Administrative Agent’s and Other Fees In order to compensate the Administrative Agent for its obligations hereunder, the Borrower agrees to pay to the Administrative Agent, for its account, the fees set forth in the separate fee letter agreement executed by the Borrower and the Administrative Agent dated April 26, 2005.

  • Administrative Agent’s Duties The powers conferred on the Administrative Agent hereunder are solely to protect its interest in the Pledged Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Pledged Collateral in its possession and the accounting for moneys actually received by it hereunder, the Administrative Agent shall have no duty as to any Pledged Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Pledged Collateral.

  • The Agent and the Lenders 11.01 Decision-Making

  • The Agent's Duties (a) The powers conferred on the Agent hereunder are solely to protect the Secured Parties’ interest in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Agent shall have no duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Collateral, whether or not any Secured Party has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against any parties or any other rights pertaining to any Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which it accords its own property.

  • Administrative Agent’s Reliance Notwithstanding any other provisions of this Agreement or any other Loan Documents, neither the Administrative Agent nor any of its Related Parties shall be liable for any action taken or not taken by it under or in connection with this Agreement or any other Loan Document, except for its or their own gross negligence or willful misconduct in connection with its duties expressly set forth herein or therein as determined by a court of competent jurisdiction in a final non-appealable judgment. Without limiting the generality of the foregoing, the Administrative Agent may consult with legal counsel (including its own counsel or counsel for the Borrower or any other Loan Party), independent public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants or experts. Neither the Administrative Agent nor any of its Related Parties: (a) makes any warranty or representation to any Lender, any Issuing Bank or any other Person, or shall be responsible to any Lender, any Issuing Bank or any other Person for any statement, warranty or representation made or deemed made by the Borrower, any other Loan Party or any other Person in or in connection with this Agreement or any other Loan Document; (b) shall have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants or conditions of this Agreement or any other Loan Document or the satisfaction of any conditions precedent under this Agreement or any Loan Document on the part of the Borrower or other Persons, or to inspect the property, books or records of the Borrower or any other Person; (c) shall be responsible to any Lender or any Issuing Bank for the due execution, legality, validity, enforceability, genuineness, sufficiency or value of this Agreement or any other Loan Document, any other instrument or document furnished pursuant thereto or any collateral covered thereby or the perfection or priority of any Lien in favor of the Administrative Agent on behalf of the Lender Parties in any such collateral; (d) shall have any liability in respect of any recitals, statements, certifications, representations or warranties contained in any of the Loan Documents or any other document, instrument, agreement, certificate or statement delivered in connection therewith; and (e) shall incur any liability under or in respect of this Agreement or any other Loan Document by acting upon any notice, consent, certificate or other instrument or writing (which may be by telephone, telecopy or electronic mail) believed by it to be genuine and signed, sent or given by the proper party or parties. The Administrative Agent may execute any of its duties under the Loan Documents by or through agents, employees or attorneys-in-fact and shall not be responsible for the negligence or misconduct of any agent or attorney-in-fact that it selects in the absence of gross negligence or willful misconduct in the selection of such agent or attorney-in-fact as determined by a court of competent jurisdiction in a final non-appealable judgment.

  • Agents as Lenders Each bank serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.

  • Sub-Agents and Related Parties The Administrative Agent may perform any and all its duties and exercise its rights and powers by or through one or more sub-agents appointed by it. The Administrative Agent and any such sub-agent may perform any and all its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding Sections of this Article shall apply to any such sub-agent and to the Related Parties of the Administrative Agent and any such sub-agent, and shall apply to activities in connection with the syndication of the credit facilities provided for herein as well as activities as Administrative Agent.

  • Reliance by Agents and Lenders The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic Committed Loan Notices and Swing Line Loan Notices) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify each Agent-Related Person and each Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower in the absence of gross negligence or willful misconduct. All telephonic notices to the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

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