Common use of Administrative Agent Not Liable Clause in Contracts

Administrative Agent Not Liable. The Administrative Agent makes no representations as to the validity or sufficiency of this Indenture, any Note or any other Transaction Document. The Administrative Agent shall at no time have any responsibility or liability for or with respect to the legality, validity or enforceability of any security interest in any Collateral, or the perfection and priority of such a security interest or the maintenance of any such perfection and priority or its ability to generate the payments to be distributed to Noteholders under this Indenture, including, without limitation, the existence, condition, location and ownership of any property; the performance or enforcement of any Contract; the compliance by the Issuer, LEAF Capital Funding, LLC, LEAF Commercial Capital, the Servicer or the Custodian with any covenant or the breach by the Issuer, LEAF Capital Funding, LLC, LEAF Commercial Capital, the Servicer or the Custodian, of any warranty or representation made under this Indenture or any other Transaction Document or in any related document and the accuracy of any such warranty or representation prior to the Administrative Agent’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof, any investment of monies by or at the direction of the Issuer or the Servicer, or any loss resulting therefrom (it being understood, however, that the Administrative Agent shall remain otherwise responsible for any Collateral that it may hold directly); the acts or omissions of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial Capital, the Servicer, the Custodian, any action of the Servicer taken in the name of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial Capital, the Servicer, the Custodian or the Administrative Agent and/or Noteholders which are authorized to provide such instruction in accordance with this Indenture or any of the other Transaction Documents; provided, however, that the foregoing shall not relieve the Administrative Agent of its obligations to perform its duties under this Indenture. The Administrative Agent shall not be accountable for the use or application by the Issuer of any proceeds of the issuances of Notes.

Appears in 2 contracts

Samples: Indenture (Resource America, Inc.), Execution Version (Resource America, Inc.)

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Administrative Agent Not Liable. The Administrative Agent makes no representations as to the validity or sufficiency of this IndentureAgreement, any Note or any other Transaction Document. The Administrative Agent shall at no time have any responsibility or liability for or with respect to the legality, validity or enforceability of any security interest in any Borrower Collateral, or the perfection and priority of such a security interest or the maintenance of any such perfection and priority or its ability to generate the payments to be distributed to Noteholders Lenders or Conduit Lenders under this IndentureAgreement, including, without limitation, the existence, condition, location and ownership of any property; the performance or enforcement of any ContractLease; the compliance by the IssuerBorrower, LEAF Capital FundingAerCap, LLCany Service Provider, LEAF Commercial Capital, the Servicer or the Custodian Collateral Agent with any covenant or the breach by the IssuerBorrower, LEAF Capital FundingAerCap, LLC, LEAF Commercial Capital, the Servicer any Service Provider or the CustodianCollateral Agent, of any warranty or representation made under this Indenture Agreement or any other Transaction Document or in any related document and the accuracy of any such warranty or representation prior to the Administrative Agent’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof, any investment of monies by or at the direction of the Issuer Borrower or the Servicerapplicable Service Provider, or any loss resulting therefrom (it being understood, however, that the Administrative Agent shall remain otherwise responsible for any Borrower Collateral that it may hold directly); the acts or omissions of the IssuerBorrower, LEAF Capital Funding, LLC, LEAF Commercial Capitalany Service Provider, the ServicerCollateral Agent, the CustodianAerCap or any Obligor, any action of the Servicer a Service Provider taken in the name of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial CapitalAerCap, the Servicer, the Custodian Borrower or the Administrative Agent Agent, the Lenders and/or Noteholders the Conduit Lenders which are authorized to provide such instruction in accordance with this Indenture Agreement or any of the other Transaction Documents; provided, however, that the foregoing shall not relieve the Administrative Agent of its obligations to perform its duties under this IndentureAgreement. The Administrative Agent shall not be accountable for the use or application by the Issuer Borrower of any proceeds of the issuances Advances, or for the use or application of Notesany funds paid to a Service Provider in respect of the Leases or any other Aircraft Assets related to the Aircraft.

Appears in 2 contracts

Samples: Credit Agreement (AerCap Holdings N.V.), Aircraft Lease Agreement (AerCap Holdings N.V.)

Administrative Agent Not Liable. The Administrative Agent makes no representations as to the validity or sufficiency of this IndentureAgreement, any Note or any other Transaction Document. The Notwithstanding anything in this Agreement to the contrary, the Administrative Agent shall at no time have any responsibility or liability for or with respect to the legality, validity or enforceability of any security interest in any Collateral, or the perfection and priority of such a security interest or the maintenance of any such perfection and priority or its ability to generate the payments to be distributed to Noteholders Class A Lenders under this IndentureAgreement, including, without limitation, the existence, condition, location and ownership of any property; the performance or enforcement of any ContractLease; the compliance by the IssuerBorrower, LEAF Capital Funding, LLC, LEAF Commercial CapitalAvolon, the Servicer Servicer, or the Custodian Collateral Agent with any covenant or the breach by the IssuerBorrower, LEAF Capital Funding, LLC, LEAF Commercial CapitalAvolon, the Servicer or the CustodianCollateral Agent, of any warranty or representation made under this Indenture Agreement or any other Transaction Document or in any related document and the accuracy of any such warranty or representation prior to the Administrative Agent’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof, any investment of monies by or at the direction of the Issuer Borrower or the Servicer, or any loss resulting therefrom (it being understood, however, that the Administrative Agent shall remain otherwise responsible for any Collateral that it may hold directly); the acts or omissions of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial CapitalBorrower, the Servicer, the CustodianCollateral Agent, Avolon or any Obligor, any action of the Servicer taken in the name of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial CapitalAvolon, the Servicer, the Custodian Borrower or the Administrative Agent Agent, Funding Agents and/or Noteholders Class A Lenders which are authorized to provide such instruction in accordance with this Indenture Agreement or any of the other Transaction Documents; providedprovided that, however, that the foregoing shall not relieve the Administrative Agent of its obligations to perform its duties under this IndentureAgreement. The Administrative Agent shall not be accountable for the use or application by the Issuer Borrower of any proceeds of the issuances Class A Advances, or for the use or application of Notesany funds paid to the Servicer in respect of the Leases or any other Aircraft Assets related to the Aircraft.

Appears in 1 contract

Samples: Credit Agreement (Avolon Holdings LTD)

Administrative Agent Not Liable. The Administrative Agent makes no representations as to the validity or sufficiency of this IndentureAgreement, any Note or any other Transaction Document. The Administrative Agent shall at no time have any responsibility or liability for or with respect to the legality, validity or enforceability of any security interest in any Borrower Collateral, or the perfection and priority of such a security interest or the 153 maintenance of any such perfection and priority or its ability to generate the payments to be distributed to Noteholders Lenders under this IndentureAgreement, including, without limitation, the existence, condition, location and ownership of any property; the performance or enforcement of any ContractLease; the compliance by the IssuerBorrower, LEAF Capital FundingAerCap, LLCany Service Provider, LEAF Commercial Capital, the Servicer or the Custodian Collateral Agent with any covenant or the breach by the IssuerBorrower, LEAF Capital FundingAerCap, LLC, LEAF Commercial Capital, the Servicer any Service Provider or the CustodianCollateral Agent, of any warranty or representation made under this Indenture Agreement or any other Transaction Document or in any related document and the accuracy of any such warranty or representation prior to the Administrative Agent’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof, any investment of monies by or at the direction of the Issuer Borrower or the Servicerapplicable Service Provider, or any loss resulting therefrom (it being understood, however, that the Administrative Agent shall remain otherwise responsible for any Borrower Collateral that it may hold directly); the acts or omissions of the IssuerBorrower, LEAF Capital Funding, LLC, LEAF Commercial Capitalany Service Provider, the ServicerCollateral Agent, the CustodianAerCap or any Obligor, any action of the Servicer a Service Provider taken in the name of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial CapitalAerCap, the Servicer, the Custodian Borrower or the Administrative Agent Agent, Funding Agents and/or Noteholders Lenders which are authorized to provide such instruction in accordance with this Indenture Agreement or any of the other Transaction Documents; provided, however, that the foregoing shall not relieve the Administrative Agent of its obligations to perform its duties under this IndentureAgreement. The Administrative Agent shall not be accountable for the use or application by the Issuer Borrower of any proceeds of the issuances Advances, or for the use or application of Notesany funds paid to a Service Provider in respect of the Leases or any other Aircraft Assets related to the Aircraft.

Appears in 1 contract

Samples: Credit Agreement (AerCap Holdings N.V.)

Administrative Agent Not Liable. The Administrative Agent makes no does not make any representations as to the validity or sufficiency of this Indenture, any Note Agreement or any other Transaction Document. The Administrative Agent shall at no time have any responsibility or liability for or with respect to the legality, validity or enforceability of any security interest in any Collateral, or the perfection and priority of such a security interest or the maintenance of any such perfection and priority or its ability to generate the payments to be distributed to Noteholders Lenders under this IndentureAgreement, including, without limitation, the existence, condition, location and ownership of any property; the performance or enforcement of any ContractLease; the compliance by the Issuer102 Borrower, LEAF Capital FundingGLS, LLCany Service Provider, LEAF Commercial Capital, the Servicer or the Custodian Security Trustee with any covenant or the breach by the IssuerBorrower, LEAF Capital FundingGLS, LLC, LEAF Commercial Capital, the Servicer any Service Provider or the CustodianSecurity Trustee, of any warranty or representation made under this Indenture Agreement or any other Transaction Document or in any related document and the accuracy of any such warranty or representation prior to the Administrative Agent’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof, any investment of monies by or at the direction of the Issuer Borrower or the Servicerapplicable Service Provider, or any loss resulting therefrom (it being understood, however, that the Administrative Agent shall remain otherwise responsible for any Collateral that it may hold directly); the acts or omissions of the IssuerBorrower, LEAF Capital FundingGLS, LLC, LEAF Commercial Capitalany Service Provider, the ServicerSecurity Trustee, the Custodianor any Obligor, any action of the Servicer a Service Provider taken in the name of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial CapitalGLS, the Servicer, the Custodian Borrower or the Administrative Agent and/or Noteholders Lenders which are authorized to provide such instruction in accordance with this Indenture Agreement or any of the other Transaction Documents; provided, however, that the foregoing shall not relieve the Administrative Agent of its obligations to perform its duties under this IndentureAgreement. The Administrative Agent shall not be accountable for the use or application by the Issuer Borrower of any proceeds of the issuances Advances, or for the use or application of Notesany funds paid to a Service Provider in respect of the Leases or any other Aircraft Assets related to the Aircraft.

Appears in 1 contract

Samples: Credit Agreement

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Administrative Agent Not Liable. The Administrative Agent makes no does not make any representations as to the validity or sufficiency of this Indenture, any Note Agreement or any other Transaction Document. The Administrative Agent shall at no time have any responsibility or liability for or with respect to the legality, validity or enforceability of any security interest in any Collateral, or the perfection and priority of such a security interest or the maintenance of any such perfection and priority or its ability to generate the payments to be distributed to Noteholders Lenders under this IndentureAgreement, including, without limitation, the existence, condition, location and ownership of any property; the performance or enforcement of any ContractLease; the compliance by the IssuerBorrower, LEAF Capital FundingGLS, LLCany Service Provider, LEAF Commercial Capital, the Servicer or the Custodian Security Trustee with any covenant or the breach by the IssuerBorrower, LEAF Capital FundingGLS, LLC, LEAF Commercial Capital, the Servicer any Service Provider or the CustodianSecurity Trustee, of any warranty or representation made under this Indenture Agreement or any other Transaction Document or in any related document and the accuracy of any such warranty or representation prior to the Administrative Agent’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof, any investment of monies by or at the direction of the Issuer Borrower or the Servicerapplicable Service Provider, or any loss resulting therefrom (it being understood, however, that the Administrative Agent shall remain otherwise responsible for any Collateral that it may hold directly); the acts or omissions of the IssuerBorrower, LEAF Capital FundingGLS, LLC, LEAF Commercial Capitalany Service Provider, the ServicerSecurity Trustee, the Custodianor any Obligor, any action of the Servicer a Service Provider taken in the name of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial CapitalGLS, the Servicer, the Custodian Borrower or the Administrative Agent and/or Noteholders Lenders which are authorized to provide such instruction in accordance with this Indenture Agreement or any of the other Transaction Documents; provided, however, that the foregoing shall not relieve the Administrative Agent of its obligations to perform its duties under this IndentureAgreement. The Administrative Agent shall not be accountable for the use or application by the Issuer Borrower of any proceeds of the issuances Advances, or for the use or application of Notesany funds paid to a Service Provider in respect of the Leases or any other Aircraft Assets related to the Aircraft.

Appears in 1 contract

Samples: Credit Agreement (Genesis Lease LTD)

Administrative Agent Not Liable. The Administrative Agent makes no representations as to the validity or sufficiency of this IndentureAgreement, any Note or any other Transaction Document. The Administrative Agent shall at no time have any responsibility or liability for or with respect to the legality, validity or enforceability of any security interest in any Borrower Collateral, or the perfection and priority of such a security interest or the maintenance of any such perfection and priority or its ability to generate the payments to be distributed to Noteholders Lenders under this IndentureAgreement, including, without limitation, the existence, condition, location and ownership of any property; the performance or enforcement of any ContractLease; the compliance by the IssuerBorrower, LEAF Capital FundingAerCap, LLCany Service Provider, LEAF Commercial Capital, the Servicer or the Custodian Collateral Agent with any covenant or the breach by the IssuerBorrower, LEAF Capital FundingAerCap, LLC, LEAF Commercial Capital, the Servicer any Service Provider or the CustodianCollateral Agent, of any warranty or representation made under this Indenture Agreement or any other Transaction Document or in any related document and the accuracy of any such warranty or representation prior to the Administrative Agent’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof, any investment of monies by or at the direction of the Issuer Borrower or the Servicerapplicable Service Provider, or any loss resulting therefrom (it being understood, however, that the Administrative Agent shall remain otherwise responsible for any Borrower Collateral that it may hold directly); the acts or omissions of the IssuerBorrower, LEAF Capital Funding, LLC, LEAF Commercial Capitalany Service Provider, the ServicerCollateral Agent, the CustodianAerCap or any Obligor, any action of the Servicer a Service Provider taken in the name of the Issuer, LEAF Capital Funding, LLC, LEAF Commercial CapitalAerCap, the Servicer, the Custodian Borrower or the Administrative Agent Agent, Funding Agents and/or Noteholders Lenders which are authorized to provide such instruction in accordance with this Indenture Agreement or any of the other Transaction Documents; provided, however, that the foregoing shall not relieve the Administrative Agent of its obligations to perform its duties under this IndentureAgreement. The Administrative Agent shall not be accountable for the use or application by the Issuer Borrower of any proceeds of the issuances Advances, or for the use or application of Notesany funds paid to a Service Provider in respect of the Leases or any other Aircraft Assets related to the Aircraft.

Appears in 1 contract

Samples: Credit Agreement (AerCap Holdings N.V.)

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