Common use of Appointment and Authorization Clause in Contracts

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 25 contracts

Samples: Receivables Purchase Agreement (Knight-Swift Transportation Holdings Inc.), Receivables Purchase Agreement (Fleetcor Technologies Inc), Receivables Purchase Agreement (Fleetcor Technologies Inc)

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Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, Association as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable lawApplicable Law.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

Appointment and Authorization. (ai) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestAssets. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller Seller, the Servicer or any Sub-Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable lawApplicable Law.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (Peabody Energy Corp), Receivables Purchase Agreement (Peabody Energy Corp), Receivables Purchase Agreement (Peabody Energy Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, ABN AMRO Bank N.V. as the “Administrator” "Agent" hereunder and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator Agent hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 5 contracts

Samples: Receivables Sale Agreement (Ipalco Enterprises, Inc.), Receivables Sale Agreement (Davis-Standard CORP), Receivables Sale Agreement (Crompton & Knowles Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, BTMUNY as the “AdministratorAdministrative Agent” hereunder and authorizes the Administrator Administrative Agent to take such actions and to exercise such powers as are delegated to the Administrator Administrative Agent hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Administrative Agent shall hold, in its name, for the benefit on behalf of each Purchaser, ratably, the Asset Interests of each Purchased InterestReceivable of such Purchaser. The Administrator Administrative Agent shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the AdministratorAdministrative Agent. The Administrator Administrative Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the any Purchaser, any Seller or Servicerany other Person. Notwithstanding any provision of this Agreement hereof or any other Transaction Document to the contraryPurchase Document, in no event shall the Administrator Administrative Agent ever be required to take any action which exposes the Administrator Administrative Agent to personal liability or which is contrary to the provision of any Transaction Purchase Document or applicable lawLaw.

Appears in 4 contracts

Samples: Master Accounts Receivable Purchase Agreement (CSRA Inc.), Master Accounts Receivable Purchase Agreement (DXC Technology Co), Master Accounts Receivable Purchase Agreement (Computer Sciences Government Services Inc.)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Worthington Industries Inc), Receivables Purchase Agreement (Bearingpoint Inc), Receivables Purchase Agreement (Worthington Industries Inc)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser Agent and each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable lawLaw.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Targa Resources Corp.), Receivables Purchase Agreement (Targa Resources Partners LP), Receivables Purchase Agreement (Targa Resources Partners LP)

Appointment and Authorization. (a) Each Purchaser and each Purchaser Agent hereby irrevocably designates and appoints PNC Wachovia Bank, National AssociationN.A., as the “Administrator” hereunder "Agent" under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby Agent thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser Agent or Purchaser Agentany Purchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision provisions of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Bergen Brunswig Corp), Bergen Brunswig Corp

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the "Administrator" hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (York International Corp /De/), Receivables Purchase Agreement (American Greetings Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC BankBank of America, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestReceivable Interests. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, ABN AMRO Bank N.V. as the “AdministratorAgenthereunder under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby Agent thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Perkinelmer Inc), Receivables Sale Agreement (Albany International Corp /De/)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, Association as the "Administrator" hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Louisville Gas & Electric Co /Ky/)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding Except to the extent provided in Section 5.10 hereof, notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Consol Energy Inc), Receivables Purchase Agreement (Consol Energy Inc)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent Lender hereby irrevocably designates and appoints PNC BankGeneral Electric Capital Corporation as the "Administrative Agent", and Xxxxx Fargo Bank Northwest, National Association, as the “Administrator” hereunder "Security Trustee" (collectively, the "Transaction Agents") under the Transaction Documents and authorizes the Administrator each Transaction Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby it thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator No Transaction Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein in a Transaction Document or any fiduciary relationship with any Purchaser or Purchaser AgentLender, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administratorany Transaction Agent. The Administrator does Transaction Agents do not assume, nor shall it they be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerBorrower. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator any Transaction Agent ever be required to take any action which exposes the Administrator it to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Loan Agreement (America West Holdings Corp), Loan Agreement (America West Holdings Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Wachovia Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestReceivable Interests. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Fleetcor Technologies Inc), Receivables Purchase Agreement (Knight-Swift Transportation Holdings Inc.)

Appointment and Authorization. (a) Each Purchaser and each Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, ABN AMRO Bank N.V. as the “AdministratorAgent” hereunder and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator Agent hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser Agent or Purchaser Agentany Purchaser, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision provisions of any Transaction Document or applicable law.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Officemax Inc), Receivables Sale Agreement (Officemax Inc)

Appointment and Authorization. (a) i. Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestAssets. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller Seller, the Servicer or any Sub-Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Peabody Energy Corp)

Appointment and Authorization. (ai) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestAssets. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller Seller, the Servicer or any Sub-Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Peabody Energy Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, BTMUNY as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Airgas Inc)

Appointment and Authorization. (a) Each Purchaser and each Purchaser Agent hereby irrevocably designates and appoints PNC BankCredit Lyonnais, National Associationacting through its New York Branch, as the “Administrator” hereunder "Agent" under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator Agent hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of such Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Arvinmeritor Inc)

Appointment and Authorization. (a) Each Purchaser and each Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, Association as the “AdministratorAgenthereunder under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby Agent thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Ametek Inc/)

Appointment and Authorization. (a) Each Purchaser and each Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, ABN AMRO Bank N.V. as the “AdministratorAgenthereunder under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby Agent thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Ametek Inc/)

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Appointment and Authorization. (a) Each Conduit Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the "Administrator" hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Conduit Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser AgentConduit Purchaser, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding Except to the extent provided in Section 5.10 hereof, notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Consol Energy Inc)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC BankWachovia Securities, National Association, Inc. as the "Administrator" hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wesco International Inc)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, ABN AMRO Bank N.V. as the “Administrator” hereunder "AGENT" under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby Agent thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Swift Transportation Co Inc)

Appointment and Authorization. (a) Each Purchaser and each Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, ABN AMRO Bank N.V. as the “Administrator” hereunder "Agent" under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator Agent hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of such Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Arvinmeritor Inc)

Appointment and Authorization. (a) Each Purchaser and each Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, ABN AMRO Bank N.V. as the “Administrator” hereunder "AGENT" under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby Agent thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Quebecor World Usa Inc)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National AssociationBMO Capital Markets Corp., as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestParticipation. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pilgrims Pride Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, Association as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wesco International Inc)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC MUFG Bank, National AssociationLtd., as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestReceivable Interests. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp)

Appointment and Authorization. (aV) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Triumph Group Inc)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC MUFG Bank, National AssociationLtd., as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestReceivable Interests. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.. 50

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, [***] as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Airgas Inc)

Appointment and Authorization. (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, Fifth Third Bank as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Patriot Coal CORP)

Appointment and Authorization. (a23) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (SWIFT TRANSPORTATION Co)

Appointment and Authorization. (a) Each The Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC BankThe Bank of Tokyo-Mitsubishi, National AssociationLtd., New York Branch as the “Administrator” hereunder "Agent" under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby Agent thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each the Purchaser, ratably, the Purchased Purchase Interest. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser Agentthe Purchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Great Plains Energy Inc)

Appointment and Authorization. (a) Each Purchaser and each Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, ABN AMRO Bank N.V. as the “Administrator” hereunder "Agent" under the Transaction Documents and authorizes the Administrator Agent to take such actions and to exercise such powers as are delegated to the Administrator hereby Agent thereby and to exercise such other powers as are reasonably incidental thereto. The Administrator Agent shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased InterestPurchase Interest of the Purchaser. The Administrator Agent shall not have any duties other than those expressly set forth herein in the Transaction Documents or any fiduciary relationship with any Purchaser or Purchaser AgentPurchaser, and no implied obligations or liabilities shall be read into this Agreementany Transaction Document, or otherwise exist, against the AdministratorAgent. The Administrator Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or ServicerSeller. Notwithstanding any provision of this Agreement or any other Transaction Document to the contraryDocument, in no event shall the Administrator Agent ever be required to take any action which exposes the Administrator Agent to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Swift Transportation Co Inc)

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