Administrative Lender's Reliance, Etc. Neither Administrative Lender, nor any of its directors, officers, agents, employees, or representatives shall be liable for any action taken or omitted to be taken by it or them under or in connection with this Agreement or any other Loan Paper, except for its or their own gross negligence or willful misconduct. Without limitation of the generality of the foregoing, Administrative Lender (a) may treat the payee of any Note as the holder thereof until Administrative Lender receives written notice of the assignment or transfer thereof signed by such payee and in form satisfactory to Administrative Lender; (b) may consult with legal counsel (including counsel for the Borrower or any of its Subsidiaries), independent public accountants, and other experts selected by it, and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants, or experts; (c) makes no warranty or representation to any Lender and shall not be responsible to any Lender for any statements, warranties, or representations made in or in connection with this Agreement or any other Loan Papers; (d) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants, or conditions of this Agreement or any other Loan Papers on the part of any Obligor or its Subsidiaries or to inspect the Property (including the books and records) of any Obligor or its Subsidiaries; (e) shall not be responsible to any Lender for the due execution, legality, validity, enforceability, genuineness, sufficiency, or value of this Agreement, any other Loan Papers, or any other instrument or document furnished pursuant hereto; and (f) shall incur no liability under or in respect of this Agreement or any other Loan Papers by acting upon any notice, consent, certificate, or other instrument or writing believed by it to be genuine and signed or sent by the proper party or parties.
Appears in 5 contracts
Samples: Credit Agreement (Itc Deltacom Inc), Credit Agreement (Itc Deltacom Inc), Credit Agreement (Telco Communications Group Inc)
Administrative Lender's Reliance, Etc. Neither the Administrative Lender, nor any of its directors, officers, agents, employees, or representatives shall be liable for any action taken or omitted to be taken by it or them under or in connection with this Agreement or any other Loan PaperPapers, except for its or their own gross negligence or willful misconduct. Without limitation of the generality of the foregoing, the Administrative Lender (a) may treat the payee of any Note as the holder thereof until the Administrative Lender receives written notice of the assignment or transfer thereof signed by such payee and in form satisfactory to the Administrative Lender; (b) may consult with legal counsel (including counsel for the Borrower Company or any of its Subsidiaries), independent public accountants, and other experts selected by it, and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants, or experts; (c) makes no warranty or representation to any Lender and shall not be responsible to any Lender for any statements, warranties, or representations made in or in connection with this Agreement or any other Loan Papers; (d) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants, or conditions of this Agreement or any other Loan Papers on the part of any Obligor the Company or its Subsidiaries or to inspect the Property (including the books and records) of any Obligor the Company or its Subsidiaries; (e) shall not be responsible to any Lender for the due execution, legality, validity, enforceability, genuineness, sufficiency, or value of this Agreement, any other Loan Papers, or any other instrument or document furnished pursuant hereto; and (f) shall incur no liability under or in respect of this Agreement or any other Loan Papers by acting upon any notice, consent, certificate, or other instrument or writing (which may be by telegram, cable, telex, or telecopy) believed by it to be genuine and signed or sent by the proper party or parties.
Appears in 2 contracts
Samples: Credit Agreement (Petsmart Inc), Credit Agreement (Petsmart Inc)
Administrative Lender's Reliance, Etc. Neither Administrative Lender, nor any of its directors, officers, agents, employees, Affiliates, or representatives shall be liable for any action taken or omitted to be taken by it or them under or in connection with this Agreement or any other Loan Paper, except for its or their own gross negligence or willful misconduct. Without limitation of the generality of the foregoing, Administrative Lender (a) may treat the payee of any Note as the holder thereof until Administrative Lender receives written notice of the assignment or transfer thereof signed by such payee and in form satisfactory to Administrative Lender; (b) may consult with legal counsel (including counsel for the Borrower Company or any of its Subsidiaries), independent public accountants, and other experts selected by it, and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants, or experts; (c) makes no warranty or representation to any Lender and shall not be responsible to any Lender for any statements, warranties, or representations made in or in connection with this Agreement or any other Loan Papers; (d) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants, or conditions of this Agreement or any other Loan Papers on the part of any Obligor Company or its Subsidiaries or to inspect the Property (including the books and records) of any Obligor Company or its Subsidiaries; (e) shall not be responsible to any Lender for the due execution, legality, validity, enforceability, genuineness, sufficiency, or value of this Agreement, any other Loan Papers, or any other instrument or document furnished pursuant hereto; and (f) shall incur no liability under or in respect of this Agreement or any other Loan Papers by acting upon any notice, consent, certificate, or other instrument or writing believed by it to be genuine and signed or sent by the proper party or parties.
Appears in 1 contract
Samples: Credit Agreement (Franchise Finance Corp of America)
Administrative Lender's Reliance, Etc. Neither the Administrative Lender, nor any of its directors, officers, agents, employees, employees or representatives shall be liable for any action taken or omitted to be taken by it or them under or in connection with this Agreement or any other Loan PaperPapers, except for its or their own gross negligence or willful misconduct. Without limitation of the generality of the foregoing, the Administrative Lender (a) may treat the payee of any Note as the holder thereof until the Administrative Lender receives written notice of the assignment or transfer thereof signed by such payee and in form satisfactory to the Administrative Lender; (b) may consult with legal counsel (including counsel for the Borrower any Company or any of its SubsidiariesSubsidiary), independent public accountants, accountants and other experts selected by it, and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants, accountants or experts; (c) makes no warranty or representation to any Lender and shall not be responsible to any Lender for any statements, warranties, warranties or representations made in or in connection with this Agreement or any other Loan Papers; (d) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants, covenants or conditions of this Agreement or any other Loan Papers on the part of any Obligor the Companies or its the Subsidiaries or to inspect the Property (including the books and records) of any Obligor the Companies or its the Subsidiaries; (e) shall not be responsible to any Lender for the due execution, legality, validity, enforceability, genuineness, sufficiency, sufficiency or value of this Agreement, any other Loan Papers, or any other instrument or document furnished pursuant hereto; and (f) shall incur no liability under or in respect of this Agreement or any other Loan Papers by acting upon any notice, consent, certificate, or other instrument or writing (which may be by telegram, cable, telex or telecopy) believed by it to be genuine and signed or sent by the proper party or parties.
Appears in 1 contract
Administrative Lender's Reliance, Etc. Neither Administrative Lender, nor any of its directors, officers, agents, employees, or representatives shall be liable for any action taken or omitted to be taken by it or them under or in connection with this Agreement or any other Loan PaperDocument, except for its or their own gross negligence or willful misconduct. Without limitation of the generality of the foregoing, Administrative Lender (a) may treat the payee of any Note as the holder thereof until Administrative Lender receives written notice of the assignment or transfer thereof signed by such payee and in form satisfactory to Administrative Lender; (b) may consult with legal counsel (including counsel for the Borrower or any of its Subsidiaries), independent public accountants, and other experts selected by it, and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants, or experts; (c) makes no warranty or representation to any Lender and shall not be responsible to any Lender for any statements, warranties, or representations made in or in connection with this Agreement or any other Loan PapersDocuments; (d) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants, or conditions of this Agreement or any other Loan Papers Documents on the part of any Obligor obligor or its Subsidiaries or to inspect the Property property (including the books and records) of any Obligor obligor or its Subsidiariessubsidiaries; (e) shall not be responsible to any Lender for the due execution, legality, validity, enforceability, genuineness, sufficiency, or value of this Agreement, any other Loan PapersDocuments, or any other instrument or document furnished pursuant hereto; and (f) shall incur no liability under or in respect of this Agreement or any other Loan Papers Documents by acting upon any notice, consent, certificate, or other instrument or writing believed believe by it to be genuine and signed or sent by the proper party or parties.
Appears in 1 contract
Samples: Credit Agreemeent (Flanders Corp)