Common use of Appointment of the Administrative Agent Clause in Contracts

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as the Administrative Agent hereunder and under the other Loan Documents, and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. to act as the Administrative Agent in accordance with the terms hereof and the other Loan Documents. Each Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents and Lenders and no Loan Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07). In performing its functions and duties hereunder, each Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, any obligation towards or relationship of agency or trust with or for Borrower or any of its Subsidiaries. As of the Effective Date, no Arranger in such capacity shall have any obligations but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof to the Administrative Agent and the Borrower.

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as the Administrative Agent hereunder and under the other Loan Documents, and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. to act as the Administrative Agent in accordance with the terms hereof and the other Loan Documents. Each The Administrative Agent shall also act as the “collateral agent” under the Loan Documents, and each of the Secured Parties hereby irrevocably appoints and authorizes the Administrative Agent to act as the agent of such Lender for purposes of acquiring, holding and enforcing any and all Liens on the Collateral and any other collateral granted by any of the Loan Parties to secure any of the Obligations, together with such powers and discretion as are reasonably incidental thereto (including, without limitation, to enter into additional Loan Documents or supplements to existing Loan Documents on behalf of the Secured Parties). In this connection, the Administrative Agent, as “collateral agent” and any co-agents, sub-agents and attorneys-in-fact appointed by the Administrative Agent pursuant to this Article 8 for purposes of holding or enforcing any Lien on the Collateral or any other collateral (or any portion thereof) granted under the Security Documents, or for exercising any rights and remedies thereunder at the direction of the Administrative Agent), shall be entitled to the benefits of all provisions of Articles 8 and 9 (including Section 9.03, as though such co-agents, sub-agents and attorneys-in-fact were the “collateral agent” under the Loan Documents) as if set forth in full herein with respect thereto. The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The Except for Section 8.12, the provisions of this Article 8 are solely for the benefit of the Agents and Lenders and no Loan Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07). In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, any obligation towards or relationship of agency or trust with or for Borrower or any of its Subsidiaries. As of the Effective Date, no Arranger in such capacity shall have any obligations but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof to the Administrative Agent and the Borrower.

Appointment of the Administrative Agent. Each Lender and each Issuing Bank JPMCB is hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as appointed the Administrative Agent hereunder and under the other Loan Documents, Credit Documents and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. JPMCB to act as the Administrative Agent in accordance with the terms hereof and the other Loan Credit Documents. Each The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Credit Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders the Lenders, and no Loan Credit Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07)thereof. In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, assumed any obligation towards or relationship of agency or trust with or for the Borrower or any Subsidiary (it being understood that nothing in this Section 8.01 shall limit the express agreements of its Subsidiariesthe Administrative Agent set forth in this Agreement and the other Credit Documents). As of the Effective Closing Date, X.X. Xxxxxx Securities LLC, in its capacity as Arranger, shall have no Arranger obligations, in such capacity shall have any obligations capacity, under this Agreement but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof Notwithstanding anything to the Administrative Agent and contrary contained in this Agreement, the Borrowerparties hereto hereby agree that no bookrunner, documentation agent, managing agent or co-agent named on the cover of this Agreement shall have any rights, duties, responsibilities or liabilities in such respective capacity under this Agreement, nor shall any such Person have the authority to take any action hereunder in its capacity as such.

Appointment of the Administrative Agent. Each Lender and each Issuing Bank JPMCB is hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as appointed the Administrative Agent hereunder and under the other Loan Documents, Credit Documents and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. JPMCB to act as the Administrative Agent in accordance with the terms hereof and the other Loan Credit Documents. Each The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Credit Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders the Lenders, and no Loan Credit Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07)thereof. In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, assumed any obligation towards or relationship of agency or trust with or for the Borrower or any Subsidiary (it being understood that nothing in this Section 8.01 shall limit the express agreements of its Subsidiariesthe Administrative Agent set forth in this Agreement and the other Credit Documents). As of the Effective Closing Date, X.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, in their capacities as Arrangers, shall have no Arranger obligations, in such capacity shall have any obligations capacities, under this Agreement but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof Notwithstanding anything to the Administrative Agent and contrary contained in this Agreement, the Borrowerparties hereto hereby agree that no bookrunner, documentation agent, managing agent or co-agent named on the cover of this Agreement shall have any rights, duties, responsibilities or liabilities in such respective capacity under this Agreement, nor shall any such Person have the authority to take any action hereunder in its capacity as such.

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. Xxxxx Bank USA as the Administrative Agent hereunder and under the other Loan Documents, and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. Sachs Bank USA to act as the Administrative Agent in accordance with the terms hereof and the other Loan Documents. Each The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders and no Loan Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07). In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, any obligation towards or relationship of agency or trust with or for Borrower or any of its Subsidiaries. As of the Effective Date, no No Arranger in such capacity shall have any obligations in such capacities but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof to the Administrative Agent 8 and the BorrowerArticle 9.

Appointment of the Administrative Agent. Each Lender Creditor, hereby, irrevocably appoints, designates and authorizes Banco Inbursa, S.A., Institución de Banca Múltiple, Grupo Financiero Inbursa, as ‘‘Administrative Agent’’ in accordance to this Agreement, and each Issuing Bank hereby Creditor in this act irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as authorizes the Administrative Agent hereunder and to execute acts on its behalf under the other provisions of this Agreement and the Loan Documents and to exercise the powers and comply with the duties that are expressly delegated to it in the terms of this Agreement and the Loan Documents, together with the powers that are reasonably incidental for said effect. Also, in this act, each of the Creditors authorizes and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. to act as appoints the Administrative Agent as a commission agent in accordance with articles 273 and 274 of the terms hereof Mexican Code of Commerce (Código de Comercio) to sign, execute and comply with any Loan Document that the Administrative Agent is a part thereof, as well as any other necessary or convenient document, contract, agreement or instrument for the execution, formation, subscription and settlement of the Loan DocumentsDocuments or Lien that may be granted in accordance with this Agreement. Each Agent hereby agrees to act Notwithstanding any provision stating otherwise contained in its capacity as such upon this Agreement or any of the express conditions contained herein and the other Loan Documents, as applicablethe Administrative Agent will not have other duties or responsibilities from the ones established herein, nor will the Administrative Agent have, nor will it be considered to have, a fiduciary relationship with any Creditor or Participant, and will not imply the existence of any agreement, function, responsibility, duty or obligation under this Agreement nor any other Loan Document, nor will they exist against the Administrative Agent. The provisions of this Article 8 are solely for Without limiting the benefit generality of the Agents and Lenders and no Loan Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07). In performing its functions and duties hereunderabove, each Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “‘‘agent” (or any similar term) ’’ herein or in any and other Loan Documents is not intended to connote, any obligation towards or relationship of agency or trust with or for Borrower or any of its Subsidiaries. As of the Effective Date, no Arranger in such capacity shall have any obligations but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof reference to the Administrative Agent Agent, it shall not be understood in any way that implies any fiduciary obligation or other, implicit (or expressed), that arises under the doctrine of the representation of any applicable law. In its place, said term will be used only as commercial and the Borrowerit is intended to create or reflect only one administrative agent between independent contracting parties.

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as the Administrative Agent hereunder and under the other Loan Documents, and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. to act as the Administrative Agent in accordance with the terms hereof and the other Loan Documents. Each Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Documents, as applicable. The provisions of Confidential Treatment Requested by Uber Technologies, Inc. Pursuant to 17 C.F.R. Section 200.83 this Article 8 are solely for the benefit of the Agents and Lenders and no Loan Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07). In performing its functions and duties hereunder, each Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, any obligation towards or relationship of agency or trust with or for Borrower or any of its Subsidiaries. As of the Effective Date, no Arranger in such capacity shall have any obligations but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof to the Administrative Agent and the Borrower.

Appointment of the Administrative Agent. Each Lender and each Issuing Bank hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as JPMCB is xxxxxx appointed the Administrative Agent hereunder xxxxxxxxx and under the other Loan Documents, Credit Documents and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. JPMCB to act as the Administrative Agent in accordance with the terms hereof and the other Loan Credit Documents. Each The Administrative Agent hereby xxxxxx agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Credit Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders the Lenders, and no Loan Credit Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07)thereof. In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, assumed any obligation towards or relationship of agency or trust with or for the Borrower or any Subsidiary (it being understood that nothing in this Section 8.01 shall limit the express agreements of its Subsidiariesthe Administrative Agent set forth in this Agreement and the other Credit Documents). As of the Effective Closing Date, X.X. Xxxxxx Securities LLC, in its capacity as Arranger, shall have no Arranger obligations, in such capacity shall have any obligations capacity, under this Agreement but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof Notwithstanding anything to the Administrative Agent and contrary contained in this Agreement, the Borrowerparties hereto hereby agree that no bookrunner, documentation agent, managing agent or co-agent named on the cover of this Agreement shall have any rights, duties, responsibilities or liabilities in such respective capacity under this Agreement, nor shall any such Person have the authority to take any action hereunder in its capacity as such.

Appointment of the Administrative Agent. Each Lender and each Issuing Bank JPMCB is hereby irrevocably designates and appoints Xxxxxx Xxxxxxx Senior Funding, Inc. as appointed the Administrative Agent hereunder and under the other Loan Documents, Credit Documents and each Lender and each Issuing Bank hereby authorizes Xxxxxx Xxxxxxx Senior Funding, Inc. JPMCB to act as the Administrative Agent in accordance with the terms hereof and the other Loan Credit Documents. Each The Administrative Agent hereby agrees to act in its capacity as such upon the express conditions contained herein and the other Loan Credit Documents, as applicable. The provisions of this Article 8 are solely for the benefit of the Agents Administrative Agent and Lenders the Lenders, and no Loan Credit Party shall have any rights as a third party beneficiary of any of the provisions thereof (except as expressly set forth in Section 8.07)thereof. In performing its functions and duties hereunder, each the Administrative Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed, and the use of the term “agent” (or any similar term) herein or in any other Loan Documents is not intended to connote, assumed any obligation towards or relationship of agency or trust with or for the Borrower or any Subsidiary (it being understood that nothing in this Section 8.01 shall limit the express agreements of its Subsidiariesthe Administrative Agent set forth in this Agreement and the other Credit Documents). As of the Effective Closing Date, no Arranger neither X.X. Xxxxxx Securities LLC nor Xxxxxx Xxxxxxx Senior Funding LLC, in such its capacity as Arranger, shall have any obligations obligations, in such capacity, under this Agreement but shall be entitled to all benefits of this Article 8. Each Arranger may resign from such role at any time, with immediate effect, by giving prior written notice thereof Notwithstanding anything to the Administrative Agent and contrary contained in this Agreement, the Borrowerparties hereto hereby agree that no bookrunner, documentation agent, managing agent or co-agent named on the cover of this Agreement shall have any rights, duties, responsibilities or liabilities in such respective capacity under this Agreement, nor shall any such Person have the authority to take any action hereunder in its capacity as such.