Common use of Absence of Duty Clause in Contracts

Absence of Duty. None of Administrative Agent, Paying Agent or Collateral Trustee shall have any obligation whatsoever to any Note Purchaser or any other Person to assure that the Collateral covered by this Agreement or the other Transaction Documents exists or is owned by Issuer or is cared for, protected or insured or has been encumbered or that the Liens granted to Collateral Trustee, on behalf of the Secured Parties, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained 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, Paying Agent or Collateral Trustee in this Section 13.1(h) or in any of the Transaction Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Transaction 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 Collateral covered by this Agreement or the Transaction Documents as one of Note Purchasers and Administrative Agent shall have no duty or liability whatsoever to any of the other Note Purchasers; provided, that Administrative Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. None of Administrative Agent, Paying Agent or and Collateral Trustee Agent shall have any no obligation whatsoever to any Note Purchaser Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Transaction Loan Documents exists or is owned by Issuer a Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Collateral Trustee, Agent and/or Administrative Agent on behalf of the Secured PartiesLenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent, Paying Agent or and/or Collateral Trustee Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Transaction Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Transaction Documents, Loan Documents or any act, omission or event related thereto, Administrative Agent and Collateral Agent may act in any manner it they may deem appropriate, in its their discretion, given Administrative Agent’s their own interest in Collateral property covered by this Agreement or the Transaction Loan Documents as one of Note Purchasers the Lenders and that Administrative Agent and Collateral Agent shall have no duty or liability whatsoever to any of the other Note PurchasersLenders; provided, provided that Administrative Agent and Collateral Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. None of Administrative Agent, Paying and Documentation Agent or Collateral Trustee shall have any no obligation whatsoever to any Note Purchaser Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Transaction Loan Documents exists or is owned by Issuer any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Collateral Trustee, Administrative and Documentation Agent on behalf of the Secured Parties, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of 72 81 the rights, authorities and powers granted or available to Collateral Monitoring Agent or Administrative Agent, Paying and Documentation Agent in this subsection 9.2(H) or to Administrative and Documentation Agent or Collateral Trustee in this Section 13.1(h) or Monitoring Agent in any of the Transaction Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Transaction Documents, Loan Documents or any act, omission or event related thereto, Collateral Monitoring Agent and Administrative and Documentation Agent may act in any manner it they may deem appropriate, in its their discretion, given Collateral Monitoring Agent's or Administrative and Documentation Agent’s 's own interest in Collateral property covered by this Agreement or the Transaction Loan Documents as one of Note Purchasers the Lenders and that neither the Collateral Monitoring Agent nor Administrative and Documentation Agent shall have no any duty or liability whatsoever to any of the other Note PurchasersLenders; provided, that Administrative and Documentation Agent and Collateral Monitoring Agent shall each exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. None of Administrative Agent, Paying The Agent or Collateral Trustee shall have any no obligation whatsoever to any Note Purchaser Lender, the Borrower, Fostxx Xxxxx xxx Fantasma or any other Person to assure that the Collateral property covered by this Agreement or the other Transaction Financing Documents exists or is owned by Issuer the Borrower, Fostxx Xxxxx xxx Fantasma or is cared for, protected or insured or has been encumbered or that the Liens granted to Collateral Trustee, the Agent on behalf of the Secured Parties, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent, Paying the Agent or Collateral Trustee in this Section 13.1(h8.8.3 (Absence of Duty) or in any of the Transaction Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Transaction Documents, Financing Documents or any act, omission or event related thereto, Administrative the Agent may act in any manner it may deem appropriate, in its discretion, given Administrative the Agent’s 's own interest in Collateral property covered by this Agreement or the Transaction Financing Documents as one of Note Purchasers the Lenders and Administrative that the Agent shall have no duty or liability whatsoever to any of the other Note Purchasers; provided, that Administrative Agent shall exercise the same care which it would in dealing with loans for its own accountLenders.

Absence of Duty. None of Administrative Agent, Paying Neither the Collateral Agent or Collateral Trustee nor the Agent shall have any obligation whatsoever to any Note Purchaser Lender, the Borrower, or any other Person to assure that the Collateral property covered by this Agreement or the other Transaction Financing Documents exists or is owned by Issuer the Borrower or any Subsidiary Guarantor or is cared for, protected or insured or has been encumbered or that the Liens granted to the Collateral Trustee, on behalf Agent for the benefit of the Secured Parties, Agent and the Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent, Paying the Collateral Agent or Collateral Trustee in this Section 13.1(h) 8.8.3 or in any of the Transaction Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Transaction Documents, Financing Documents or any act, omission or event related thereto, Administrative the Collateral Agent may act in any manner it may deem appropriate, in its discretion, given Administrative the Collateral Agent’s 's own interest in Collateral property covered by this Agreement or the Transaction Financing Documents as one of Note Purchasers and Administrative that the Collateral Agent shall have no duty or liability whatsoever to the Agent or any of the other Note Purchasers; provided, that Administrative Agent shall exercise the same care which it would in dealing with loans for its own accountLenders.

Absence of Duty. None of Administrative Agent, Paying Agent or Collateral Trustee Agent shall have any obligation whatsoever to any Note Purchaser or any other Person to assure that the Collateral covered by this Agreement or the other Transaction Documents exists or is owned by Issuer or is cared for, protected or insured or has been encumbered or that the Liens granted to Collateral TrusteeAgent, on behalf of the Secured Parties, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained 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, Paying Agent or Collateral Trustee Agent in this Section 13.1(h) or in any of the Transaction Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Transaction 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 Collateral covered by this Agreement or the Transaction Documents as one of Note Purchasers and Administrative Agent shall have no duty or liability whatsoever to any of the other Note Purchasers; provided, that Administrative Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. None of Administrative Neither Agent, Paying Funding Agent or nor Collateral Trustee --------------- Agent shall have any obligation whatsoever to any Note Purchaser Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Transaction Loan Documents exists or is owned by Issuer any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent or Collateral Trustee, Agent on behalf of the Secured Parties, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent, Paying Funding Agent or Collateral Trustee Agent in this Section 13.1(h) Agreement or in any of the Transaction Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Transaction Documents, Loan Documents or any act, omission or event related thereto, Administrative each of Agent, Funding Agent and Collateral Agent may act in any manner it may deem appropriate, in its discretiondiscretion (subject to the prior written approval of Agent, given Administrative in the case of Funding Agent and Collateral Agent’s ), given, in the case of Agent, Agent's own interest in Collateral property covered by this Agreement or the Transaction Loan Documents as one of Note Purchasers the Lenders, and Administrative that neither Agent, Funding Agent nor Collateral Agent shall have no any duty or liability whatsoever to any of the other Note Purchasers; provided, that Administrative Agent shall exercise the same care which it would in dealing with loans for its own accountLenders.