Common use of Appointment of the Agents Clause in Contracts

Appointment of the Agents. (a) Each Lender appoints and designates PWJ Lending II LLC as the “Administrative Agent” and as “Collateral Agent” hereunder and under the Loan Documents. (b) Each Lender authorizes the Agents: (i) To execute those of the Loan Documents and all other instruments relating thereto to which the Agents are a party. (ii) To take such action on behalf of the Lenders and to exercise all such powers as are expressly delegated to the Agents hereunder and in the Loan Documents and all related documents, together with such other powers as are reasonably incidental thereto. (c) Without limiting the generality of the foregoing, each Agent and each Lender hereby grants to the Agents all requisite authority to (i) enter into or otherwise become bound by (A) the Intercreditor Agreement, with respect to the obligations of the Borrower and its Subsidiaries under the Senior Loan Documents, and (B) any other intercreditor and subordination agreement, in form and substance satisfactory to the Agents, with respect to any other Indebtedness of the Borrower or any of its Subsidiaries permitted under this Credit Agreement, and (ii) bind the Agents and the Lenders to each such agreement by the Agents’ entering into or otherwise becoming bound thereby. Each Agent and each Lender further agrees that (x) no further consent or approval on the part of any Agent or any Lender is or will be required in connection with the performance of any such agreement, and (y) any action taken (or not taken) by any Agent in accordance with the terms of any such agreement, and the exercise by any Agent of its powers set forth therein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Agents and the Lenders.

Appointment of the Agents. (a) Each Lender appoints and designates PWJ Lending II LLC Fleet Retail Group Inc. as the “Administrative Agent” and as “Collateral Agent” hereunder and under the Loan Documents. (b) Each Lender appoints and designates Fleet Retail Group Inc. as the “Collateral Agent” hereunder and under the Loan Documents. (c) Each Lender authorizes the Agentseach Agent: (i) To execute those of the Loan Documents and all other instruments relating thereto to which the Agents are that Agent is a party. (ii) To take such action on behalf of the Lenders and to exercise all such powers as are expressly delegated to the Agents that Agent hereunder and in the Loan Documents and all related documents, together with such other powers as are reasonably incidental incident thereto. (cd) Without limiting Each Lender recognizes that Fleet Retail Group Inc. and Bank of America, N.A. are interrelated and waives any potential claim which may be based on an Agent’s acting in conflict of interest on account thereof. Nothing contained herein shall be deemed to release the generality Agents from liability under Section 15.2(f) hereof for conduct undertaken in a grossly negligent manner, in actual bad faith, or in willful misconduct. (e) ▇▇▇▇▇ Fargo Foothill, Inc. has been granted the title of “Syndication Agent”, and National City Business Credit, Inc. and ▇▇▇▇▇▇ Financial, Inc. have each been granted the title of “Co-Documentation Agent” in which capacity none shall have any rights nor any responsibilities. Any of the foregoing, each Agent and each Lender hereby grants foregoing may resign such position at any time by written notice to the Agents all requisite authority to (i) enter into or otherwise become bound by (A) the Intercreditor Agreement, with respect to the obligations of the Borrower and its Subsidiaries under the Senior Loan Documents, and (B) any other intercreditor and subordination agreementAdministrative Agent and, in form and substance satisfactory any event, shall cease to the Agents, with respect to any other Indebtedness of the Borrower or any of its Subsidiaries permitted under this Credit Agreement, and (ii) bind the Agents and the Lenders to each such agreement by the Agents’ entering into or otherwise becoming bound thereby. Each Agent and each Lender further agrees that (x) no further consent or approval on the part of any be Syndication Agent or any Lender is or will Co-Documentation Agent, as the case may be, contemporaneously with its ceasing to be required in connection with the performance of any such agreement, and (y) any action taken (or not taken) by any Agent in accordance with the terms of any such agreement, and the exercise by any Agent of its powers set forth therein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Agents and the Lendersa Revolving Credit Lender.

Appointment of the Agents. (a) Each Lender appoints and designates PWJ Lending II LLC as the “"Administrative Agent” " and as “"Collateral Agent” " hereunder and under the Loan Documents. (b) Each Lender authorizes the Agents: (i) To execute those of the Loan Documents and all other instruments relating thereto to which the Agents are a party. (ii) To take such action on behalf of the Lenders and to exercise all such powers as are expressly delegated to the Agents hereunder and in the Loan Documents and all related documents, together with such other powers as are reasonably incidental thereto. (c) Without limiting the generality of the foregoing, each Agent and each Lender hereby grants to the Agents all requisite authority to (i) enter into or otherwise become bound by (A) the Intercreditor Agreement, with respect to the obligations of the Borrower and its Subsidiaries under the Senior Loan Documents, and (B) any other intercreditor and subordination agreement, in form and substance satisfactory to the Agents, with respect to any other Indebtedness of the Borrower or any of its Subsidiaries permitted under this the Credit Agreement, and (ii) bind the Agents and the Lenders to each such agreement by the Agents’ ' entering into or otherwise becoming bound thereby. Each Agent and each Lender further agrees that (x) no further consent or approval on the part of any Agent or any Lender is or will be required in connection with the performance of any such agreement, and (y) any action taken (or not taken) by any Agent in accordance with the terms of any such agreement, and the exercise by any Agent of its powers set forth therein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Agents and the Lenders.