Absence of Duty. Administrative Agent shall not have any obligation whatsoever to any Lender or any other Person to assure that the property covered by the Security Documents exists or is owned by Loan Parties or is cared for, protected or insured or has been Amended and Restated Credit Agreement/D&E Communications, Inc. encumbered or that the Liens granted to Administrative Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent in this Agreement or in any other Loan Document, it being understood and agreed that in respect of the property covered by the Security Documents or any act, omission or event related thereto, Administrative Agent may act in any manner it may deem appropriate, in its discretion, given Administrative Agent's own interest in property covered by the Security Documents as one of the Lenders and that Administrative Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Administrative Agent shall exercise the same care which it would in dealing with loans for its own account.
Appears in 1 contract
Absence of Duty. Administrative Agent shall not have any no obligation whatsoever to any Lender Lender, L/C Issuer or any other Person to assure that the property covered by this Agreement or the Security Collateral Documents exists or is owned by Loan Parties Borrowers or any other Credit Party or is cared for, protected or insured or has been Amended and Restated Credit Agreement/D&E Communications, Inc. encumbered or that the Liens granted to Administrative Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent in this Agreement Section 8.2(h) or in any other of the Loan DocumentDocuments, it being understood and agreed that in respect of the property covered by this Agreement or the Security Collateral Documents or any act, omission or event related thereto, Administrative Agent may act in any manner it may deem appropriate, in its discretion, given Administrative Agent's ’s own interest in property covered by this Agreement or the Security Collateral Documents as one of the Lenders and that Administrative Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that Administrative Agent shall exercise the same care which it would in dealing with loans for its own account.
Appears in 1 contract
Absence of Duty. Administrative Agent shall not have any no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Security Documents Agreement, the Subsidiary Security Agreements or the Pledge Agreement exists or is owned by Loan Parties Borrower or any other Credit Party or is cared for, protected or insured or has been Amended and Restated Credit Agreement/D&E Communications, Inc. encumbered or that the Liens granted to Administrative Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative such Agent in this Agreement or in any other of the Loan DocumentDocuments, it being understood and agreed that in respect of the property covered by the Security Documents Agreement, the Subsidiary Security Agreements, the Pledge Agreement, the Deposit Account Control Agreements or any act, omission or event related thereto, Administrative Agent may act in any manner it may deem appropriate, in its discretion, given Administrative Agent's own interest in property covered by the Security Documents as one of the Lenders discretion and that Administrative Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Administrative Agent shall exercise the same care which it would in dealing with loans for its own account.
Appears in 1 contract
Samples: Master Financing Agreement (Zap)
Absence of Duty. Administrative Agent shall not have any no obligation whatsoever to any Lender or any other Person to assure that the property covered by this Agreement or the Security Loan Documents exists or is owned by Loan Parties Borrower or is cared for, protected or insured or has been Amended and Restated Credit Agreement/D&E Communications, Inc. encumbered or that the Liens granted to Administrative Agent on behalf of Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent in this Agreement Section 11.2(H) or in any other of the Loan DocumentDocuments, it being understood and agreed that in respect of the property covered by this Agreement or the Security Loan Documents or any act, omission or event related thereto, Administrative Agent may act in any manner it may deem appropriate, in its discretion, given Administrative Agent's own interest in property covered by this Agreement or the Security Loan Documents as one of the Lenders and that Administrative Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, provided that Administrative Agent shall exercise the same care which it would in dealing with loans for its own account.
Appears in 1 contract
Samples: Loan and Security Agreement (Industrial Data Systems Corp)
Absence of Duty. Administrative Agent shall not have any no obligation whatsoever to any Lender Secured Party or any other Person to assure that the property covered by the Security Collateral Documents exists or is owned by Loan Parties Borrower or any other Credit Party or is cared for, protected or insured or has been Amended and Restated Credit Agreement/D&E Communications, Inc. encumbered or that the Liens granted to Administrative Agent (for the benefit of itself and the other Secured Parties) have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent in this Agreement Section 8.2(h) or in any other of the Loan DocumentDocuments, it being understood and agreed that in respect of the property covered by the Security Collateral Documents or any act, omission or event related thereto, Administrative Agent may act in any manner it may deem appropriate, in its discretion, given Administrative Agent's ’s own interest in property covered by the Security Collateral Documents as one of the Lenders and that Administrative Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Administrative Agent shall exercise the same care which it would in dealing with loans property for its own account.
Appears in 1 contract