Appointment and Actions Sample Clauses

Appointment and Actions. (a) Each of each Bank and the Swing Line Lender hereby irrevocably designates and appoints Fleet Bank, National Association as the Agent of such Bank and the Swing Line Lender under the Loan Documents (including any additional documents referred to therein as "Loan Documents"), and each of such -------------- Bank and the Swing Line Lender hereby irrevocably authorizes the Agent to take such action on its behalf under the provisions hereof and thereof and to exercise such powers and perform such duties as are expressly delegated to the Agent by the terms hereof and thereof together with such other powers as are reasonably incidental thereto. The Agent shall hold the security pledged under the MFC Security Agreement and the MBC Security Agreement in accordance with the terms thereof. Notwithstanding any provision to the contrary in this Agreement or any of the other Loan Documents, the Agent shall not have any duties or responsibilities except those expressly set forth herein or therein, nor any fiduciary relationship with any Bank or the Swing Line Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into the Loan Documents or otherwise exist against the Agent.
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Appointment and Actions. 96 SECTION 11.2. Independent Credit Decisions............................. 99 SECTION 11.3.
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Appointment and Actions. Each Borrower hereby irrevocably designates and appoints the other Borrower as the agent of such Borrower under the Loan Documents for the purpose of taking any action, giving or receiving any notice, making any election, exercising any other rights or powers and fulfilling any obligations of a Borrower under this Agreement or any other Loan Document, all as effectively as such Borrower could do, and agrees that any notice given to or received by one Borrower shall be deemed to have been given to or received by (as the case may be) both Borrowers. THIS AGREEMENT CONTAINS A WAIVER OF TRIAL BY JURY.
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Appointment and Actions. 94 Exhibits and Schedules ---------------------- Exhibit A Percentages Exhibit B Form of Revolving Credit Note Exhibit C Form of Term Note Exhibit D Form of Swing Line Note Exhibit E Form of Loan Request Exhibit F Form of MBC Security Agreement Exhibit G Form of Borrowing Base Certificate Exhibit H Form of Opinion of Counsel to Borrower Exhibit I Form of Assignment and Acceptance Schedule I Locations, Chief Executive Office Schedule II Subsidiaries AMENDED AND RESTATED LOAN AGREEMENT, dated as of June 29, 1999, among MEDALLION FINANCIAL CORP., a Delaware corporation ("MFC"), MEDALLION BUSINESS --- CREDIT, LLC, a Delaware limited liability company ("MBC;" MBC and MFC are ---- sometimes hereinafter referred to individually as a "Borrower" and together as -------- the "Borrowers"), the banks that from time to time are signatories hereto --------- (including Assignees (as hereinafter defined), collectively, the "Banks" and ----- individually, a "Bank"), FLEET BANK, NATIONAL ASSOCIATION , as a Bank ("Fleet"), ---- ----- as Swing Line Lender (the "Swing Line Lender"), as Arranger and as Agent for the ----------------- Banks (including any successor, the "Agent"). -----
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Appointment and Actions. (a) The SBA hereby designates and appoints Fleet Bank, N.A. as its collateral Agent hereunder, and the SBA hereby authorizes the Agent to take such action on its behalf under the provisions hereof and to exercise such powers and perform such duties as are expressly delegated to the Agent by the terms hereof together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary in this Agreement, the Agent shall not have any duties or responsibilities except those expressly set forth herein, nor any fiduciary relationship with the SBA, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Agent.
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Appointment and Actions. (a) Each Lender hereby irrevocably designates and appoints Bankers Trust Company as the Administrative Agent of such Lender under the Facility Documents (including any additional documents referred to therein as "Facility Documents"). Bankers Trust Company hereby agrees to act as the Administrative Agent under the Facility Documents. Each Lender further hereby irrevocably designates and appoints The Chase Manhattan Bank as the Syndication Agent of such Lender under the Facility Documents (including any additional documents referred to therein as "Facility Documents"). The Chase Manhattan Bank hereby agrees to act as the Syndication Agent under the Facility Documents. Each Lender hereby irrevocably authorizes each Agent to take such action on its behalf under the provisions hereof and thereof and to exercise such powers and perform such duties as are expressly delegated to such Agent by the terms hereof and thereof together with such other powers as are reasonably incidental thereto. The Administrative Agent shall hold any security pledged under the Facility Documents in accordance with the terms thereof. Notwithstanding any provision to the contrary in this Agreement or any of the other Facility Documents, the Agents shall not have any duties or responsibilities except those expressly set forth herein or therein, nor any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into the Facility Documents or otherwise exist against the Agents.
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Appointment and Actions. (a) Each Lender hereby appoints Scotiabank as Administrative Lender with respect to the US Facility and ANZ as Administrative Lender with respect to the Australian Facilities and authorizes each Administrative Lender to perform the functions of Administrative Lender provided for in this Agreement. With respect to the Loan Documents evidencing the US Facility, Scotiabank shall perform the functions provided in such documents to be performed by the "Administrative Lender." With respect to the Loan Documents evidencing the Australian Facilities, ANZ shall perform the functions provided in such documents to be performed by the "Agent."
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Related to Appointment and Actions

  • Appointment and Duties The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

  • Appointment and Acceptance The Trust hereby appoints the Distributor as a distributor of shares of beneficial interest in the Trust (the “shares”) which may from time to time be registered under the 1933 Act and as servicing agent of shareholders and shareholder accounts of the Trust, and the Distributor hereby accepts such appointment in accordance with the terms and conditions set forth herein. As the Trust’s agent, the Distributor shall, except to the extent provided in Section 4 hereof, be the exclusive distributor for the unsold portion of the shares.

  • Appointment and Services (a) The Trust appoints the Administrator to provide the administrative services set out in Appendix A to this Agreement (the “Administrative Services”) for the benefit of the Trust and the Funds. The Administrator accepts its appointment and agrees to provide the Administrative Services for the compensation set out in this Agreement.

  • Appointment of Agents and Advisors The Collateral Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, accountants, appraisers or other experts or advisors selected by it in good faith as it may reasonably require and will not be responsible for any misconduct or negligence on the part of any of them.

  • Appointment of the Agent (a) Each other Finance Party appoints the Agent to act as its agent under and in connection with the Finance Documents.

  • Appointment and Duties of the Manager (a) The Company hereby appoints the Manager to manage the assets of the Company subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

  • Appointment and Designation of Master Servicer The Purchaser hereby appoints and designates Aurora Loan Services, Inc. as its master servicer (the "Master Servicer") for the Mortgage Loans subject to this Agreement. The Company is hereby authorized and instructed to take any and all instructions with respect to servicing the Mortgage Loans hereunder as if the Master Servicer were the Purchaser hereunder. The authorization and instruction set forth herein shall remain in effect until such time as the Company shall receive written instruction from the Purchaser that such authorization and instruction is terminated.

  • Appointment and Term The Members will be entitled to appoint from time to time persons to serve as the managers (each, a "Manager") on the Board of Managers. Managers will serve until their respective successors are appointed by the Members, as provided under Section 4.11 herein, or until their earlier death, disability, resignation, retirement or removal, pursuant to Section 4.10 herein. Each Manager is hereby designated as a "manager" of the Company within the meaning of Section 18-101(10) of the Act.

  • Appointment as Agent 1.1 The Fund hereby appoints DSC Shareholder Services Agent for the Series to provide as agent for the Fund services as Transfer Agent, Dividend Disbursing Agent and Shareholder Servicing Agent and DSC hereby accepts such appointment and agrees to provide the Fund, as its agent, the services described herein.

  • Appointment of the Agents (A) Each other Finance Party (other than the relevant Agent) appoints each Agent to act in that capacity under and in connection with the Finance Documents.

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