Common use of 05Delegation of Duties Clause in Contracts

05Delegation of Duties. The Administrative Agent may perform any and all of its duties and exercise its rights and powers under any Loan Document by or through any one or more sub-agents appointed by the Administrative Agent. The Administrative Agent and any such sub-agent may perform any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article IX shall apply to any such sub-agent and to the Related Parties of the Administrative Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the Facilities as well as activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable judgment that the Administrative Agent acted with gross negligence or willful misconduct in the selection of such subagents.

Appears in 3 contracts

Samples: Credit Agreement (Advanced Energy Industries Inc), Credit Agreement (Advanced Energy Industries Inc), Credit Agreement (Advanced Energy Industries Inc)

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05Delegation of Duties. The Administrative Agent may perform any and all of its duties and exercise its rights and powers hereunder or under any other Loan Document by or through any one or more sub-agents sub‑agents appointed by the Administrative Agent. The Administrative Agent and any such sub-agent sub‑agent may perform any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article IX shall apply to any such sub-agent sub‑agent and to the Related Parties of the Administrative Agent and any such sub-agentsub‑agent, and shall apply to their respective activities in connection with the syndication of the Facilities any Facility as well as activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable nonappealable judgment that the Administrative Agent acted with gross negligence or willful misconduct in the selection of such subagentssub‑agents.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

05Delegation of Duties. The Administrative Agent may perform any and all of its duties and exercise its rights and powers hereunder or under any other Loan Document by or through any one or more sub-agents appointed by the Administrative Agent. The Administrative Agent and any such sub-agent may perform any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article IX shall apply to any such sub-agent and to the Related Parties of the Administrative Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the Facilities Loans as well as activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable nonappealable judgment that the Administrative Agent acted with gross negligence negligence, bad faith or willful misconduct in the selection of such subagentssub-agents.

Appears in 1 contract

Samples: Credit Agreement (Camping World Holdings, Inc.)

05Delegation of Duties. The Administrative Agent may perform any and all of its duties and exercise its rights and powers hereunder or under any other Loan Document by or through any one or more sub-agents appointed by the Administrative Agent. The Administrative Agent and any such sub-agent may perform any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article IX shall apply to any such sub-agent and to the Related Parties of the Administrative Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the Facilities provided for herein as well as activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable nonappealable judgment that the Administrative Agent acted with gross negligence or willful misconduct in the selection of such subagents.sub-agents. ​

Appears in 1 contract

Samples: Term Loan Agreement (Conagra Brands Inc.)

05Delegation of Duties. The Administrative Agent may perform any and all of its duties and dutiesand exercise its rights and powers hereunder or under any other Loan Document by or through any one or more sub-agents subagents appointed by the Administrative Agent. The Administrative Agent and any such sub-sub agent may perform any and anyand all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory Theexculpatory provisions of this Article IX shall apply to any such sub-sub agent and to the Related Parties of the Administrative theAdministrative Agent and any such sub-sub agent, and shall apply to their respective activities in connection with the syndication thesyndication of the Facilities credit facilities provided for herein as well as activities as Administrative Agent. .The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except agentsexcept to the extent that a court of competent jurisdiction determines in a final and non-appealable nonappealable judgment that the Administrative theAdministrative Agent acted with gross negligence or willful misconduct in the selection of such subagentssub agents.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Holdings, Inc.)

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05Delegation of Duties. The Administrative Agent may perform any and all of its duties and exercise its rights and powers hereunder or under any other Loan Document by or through any one or more sub-agents subagents appointed by the Administrative Agent. The Administrative Agent and any such sub-agent subagent may perform any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article IX shall apply to any such sub-agent and to the Related Parties of the Administrative Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the Facilities as well as activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-non appealable judgment that the Administrative Agent acted with gross negligence or willful misconduct in the selection of such subagentssub-agents.

Appears in 1 contract

Samples: Credit Agreement (Reading International Inc)

05Delegation of Duties. The Administrative Agent may perform any and all of its duties and exercise its rights and powers hereunder or under any other Loan Document by or through any one or more sub-agents appointed by the Administrative Agent. The Administrative Agent and any such sub-agent may perform any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article IX shall apply to any such sub-agent and to the Related Parties of the Administrative Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the Facilities as well as activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable nonappealable judgment that the Administrative Agent acted with gross negligence or willful misconduct in the selection of such subagentssub-agents.

Appears in 1 contract

Samples: Credit Agreement (Alliance Resource Partners Lp)

05Delegation of Duties. The Administrative Agent may perform any and all of its duties and exercise its rights and powers hereunder or under any other Loan Document by or through any one or more sub-agents subagents appointed by the Administrative Agent. The Administrative Agent and any such sub-agent ​ ​ subagent may perform any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article IX shall apply to any such sub-agent and to the Related Parties of the Administrative Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the Facilities as well as activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-non appealable judgment that the Administrative Agent acted with gross negligence or willful misconduct in the selection of such subagentssub-agents.

Appears in 1 contract

Samples: Credit Agreement (Chase Corp)

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