Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith.
Appears in 59 contracts
Samples: Senior Secured Credit Agreement (Franklin BSP Capital Corp), Guarantee, Pledge and Security Agreement, Security Agreement (HMS Holdings Corp)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible in any way for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith.
Appears in 8 contracts
Samples: Guarantee, Pledge and Security Agreement (Barings Capital Investment Corp), Guarantee, Pledge and Security Agreement (Barings BDC, Inc.), Guarantee, Pledge and Security Agreement (BlackRock TCP Capital Corp.)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faithfaith and with due care.
Appears in 2 contracts
Samples: Security Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Security Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it with reasonable care and in good faith.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.), Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it and in good faith.
Appears in 2 contracts
Samples: Guarantee, Pledge and Security Agreement (Capitala Finance Corp.), Guarantee, Pledge and Security Agreement (Capitala Finance Corp.)
Agents and Attorneys-in-Fact. The Holdings Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible or liable for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith.
Appears in 2 contracts
Samples: Collateral Agency and Intercreditor Agreement (Midwest Generation LLC), Pledge Agreement (Edison Mission Energy)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact attorneys‑in‑fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact attorneys‑in‑fact selected by it in good using reasonable care and without bad faith, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (American Capital, LTD)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-–in-–fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-–in-–fact selected by it in good faith.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Apollo Investment Corp)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good using reasonable care and without bad faith, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (FS Energy & Power Fund)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faithfaith and in the absence of gross negligence or willful misconduct.
Appears in 1 contract
Samples: Credit Agreement (Cambrex Corp)
Agents and Attorneys-in-Fact. The Collateral Agent and the Administrative Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith.
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Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the gross negligence or willful misconduct of any such agents or attorneys-in-fact selected by it in good faith.
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Agents and Attorneys-in-Fact. The Collateral Agent may employ ---------------------------- agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith.
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Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it except to the extent that a court of competent jurisdiction determines in good faitha final and nonappealable judgment that the Collateral Agent acted with gross negligence or willful misconduct in the selection of such agents or attorneys-in-fact.
Appears in 1 contract
Samples: Guarantee, Pledge and Security Agreement (FS Energy & Power Fund)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith.. Restricted Company Guarantee and Security Agreement
Appears in 1 contract
Agents and Attorneys-in-Fact. The Collateral Agent Custodian may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith.
Appears in 1 contract
Samples: Guarantee and Security Agreement (Capitalsource Inc)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct (other than the gross negligence and willful misconduct) of any such agents or attorneys-in-fact selected by it in good faith.
Appears in 1 contract
Samples: u.s. Project Note Pledge Agreement (York Research Corp)
Agents and Attorneys-in-Fact. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct (other than the gross negligence or willful misconduct) of any such agents or attorneys-in-fact selected by it in good faith.
Appears in 1 contract
