Administrative Agent Liable. The Administrative Agent will not be relieved from liability for its own willful misconduct, bad faith or negligence, except that: (i) this Section 8.2(c) does not limit Section 8.2(b); (ii) the Administrative Agent will not be liable for an error of judgment made in good faith unless it is proved that the Administrative Agent was negligent in determining the relevant facts; and (iii) the Administrative Agent will not be liable for any action taken or not taken in good faith according to this Agreement or a direction received by it from the Lender or an Exchange Noteholder for the exercise of remedies under Article VI.
Appears in 6 contracts
Samples: Credit and Security Agreement (CAB East LLC), Credit and Security Agreement (CAB East LLC), Credit and Security Agreement (CAB East LLC)