Common use of Approvals and Duties Clause in Contracts

Approvals and Duties. Unless expressly provided herein to the contrary, any approval, consent, waiver or satisfaction of Agent or Lenders with respect to any matter that is subject of any Loan Document may be granted or withheld by Agent or Lenders, as applicable, in their sole and absolute discretion. Other than Agent's duty of reasonable care with respect to Collateral delivered pursuant to Pledge Agreements, if any, Agent and Lenders shall have no responsibility for or obligation or duty with respect to any of the Collateral or any matter or proceeding arising out of or relating thereto, including, without limitation, any obligation or duty to collect any sums due in respect thereof or to protect or preserve any rights pertaining thereto. Agent and each Lender reserve the right to review and approve all materials that Borrower or any of its Affiliates prepares that contain Agent's or such Lender's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby (other than materials prepared solely for Borrower's internal use and which are not disclosed to any other Person). Borrower shall not, nor shall it permit any of its Affiliates to, use either Agent's or any Lender's name (or the name of any of Agent's or any Lenders' Affiliates) in connection with any of its business operations, provided, that Borrower may disclose the Lenders' names, the aggregate principal amount of the Loans outstanding and other principal terms of such Loans to their security holders and other equity owners and prospective purchasers of equity securities of Borrower so long as Borrower informs such prospective purchasers of the confidential nature of such information and such Persons agree in writing not to disclose the same to any other Person. Nothing contained in any Loan Document is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Agent or any Lender. Signature Page To Revolving Credit And Security Agreement

Approvals and Duties. Unless expressly provided herein to the contrary, any approval, consent, waiver or satisfaction of Agent or Lenders Lender with respect to any matter that is the subject of any Loan Document may be granted or withheld by Agent or Lenders, as applicable, Xxxxxx in their its sole and absolute discretion. Other than Agent's Lender’s duty of reasonable care with respect to Collateral delivered pursuant to Pledge Agreementsthe Loan Documents in accordance with Applicable Law (to the extent not waivable), if any, Agent and Lenders Lender shall have no responsibility for or obligation or duty with respect to any of the Collateral or any matter or proceeding arising out of or relating thereto, including, without limitation, any obligation or duty to collect any sums due in respect thereof or to protect or preserve any rights pertaining thereto. Agent and each Lender reserve the right to review and approve all materials that Borrower No Consequential Damages Xxxxxx, nor any agent or attorney of any of its Affiliates prepares that contain Agent's or such Lender's name or describe or refer party hereto, shall be liable to any Loan DocumentParty or any other Person on any theory of liability for any special, indirect, consequential or punitive damages. Judgment Currency To the extent permitted by Applicable Law, the obligations of Borrower in respect of any amount due under this Agreement shall, notwithstanding any payment in any other currency (the “Other Currency”) (whether pursuant to a judgment or otherwise), be discharged only to the extent of the terms thereof or amount in United States Dollars being the currency in which it is due (the “Agreed Currency”) that Lender may, in accordance with normal banking procedures, purchase with the sum paid in the Other Currency (after any premium and costs of exchange) on the Business Day immediately after the day on which Lender receives the payment, as applicable. If the amount in the Agreed Currency that may be so purchased for any reason falls short of the transactions contemplated thereby (other than materials prepared solely for Borrower's internal use and which are not disclosed to any other Person). amount originally due, Borrower shall notpay all additional amounts, nor in the Agreed Currency, as may be necessary to compensate for the shortfall. Any obligations of Borrower not discharged by that payment shall, to the extent permitted by Applicable Law, be due as a separate and independent obligations (and shall it permit any of its Affiliates to, use either Agent's or any Lender's name (or the name of any of Agent's or any Lenders' Affiliates) in connection with any of its business operations, provided, that Borrower may disclose the Lenders' names, the aggregate principal amount constitute part of the Loans outstanding Obligations) and, until discharged as provided in this section, continue in full force and other principal terms of such Loans to their security holders and other equity owners and prospective purchasers of equity securities of Borrower so long as Borrower informs such prospective purchasers of the confidential nature of such information and such Persons agree in writing not to disclose the same to any other Person. Nothing contained in any Loan Document is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Agent or any Lender. Signature Page To Revolving Credit And Security Agreementeffect.

Approvals and Duties. Unless expressly provided herein to the contrary, any approval, consent, waiver or satisfaction of Agent or Lenders Lender with respect to any matter that is the subject of any Loan Document may be granted or withheld by Agent or Lenders, as applicable, Lender in their its sole and absolute discretion. Other than Agent's Lender’s duty of reasonable care with respect to Collateral delivered pursuant to Pledge Agreementsthe Loan Documents in accordance with Applicable Law (to the extent not waivable), if any, Agent and Lenders Lender shall have no responsibility for or obligation or duty with respect to any of the Collateral or any matter or proceeding arising out of or relating thereto, including, without limitation, any obligation or duty to collect any sums due in respect thereof or to protect or preserve any rights pertaining thereto. Agent and each Lender reserve the right to review and approve all materials that Borrower No Consequential Damages Lender, nor any agent or attorney of any of its Affiliates prepares that contain Agent's or such Lender's name or describe or refer party hereto, shall be liable to any Loan DocumentParty or any other Person on any theory of liability for any special, indirect, consequential or punitive damages. Judgment Currency To the extent permitted by Applicable Law, the obligations of Borrower in respect of any amount due under this Agreement shall, notwithstanding any payment in any other currency (the “Other Currency”) (whether pursuant to a judgment or otherwise), be discharged only to the extent of the terms thereof or amount in United States Dollars being the currency in which it is due (the “Agreed Currency”) that Lender may, in accordance with normal banking procedures, purchase with the sum paid in the Other Currency (after any premium and costs of exchange) on the Business Day immediately after the day on which Lender receives the payment, as applicable. If the amount in the Agreed Currency that may be so purchased for any reason falls short of the transactions contemplated thereby (other than materials prepared solely for Borrower's internal use and which are not disclosed to any other Person). amount originally due, Borrower shall notpay all additional amounts, nor in the Agreed Currency, as may be necessary to compensate for the shortfall. Any obligations of Borrower not discharged by that payment shall, to the extent permitted by Applicable Law, be due as a separate and independent obligations (and shall it permit any of its Affiliates to, use either Agent's or any Lender's name (or the name of any of Agent's or any Lenders' Affiliates) in connection with any of its business operations, provided, that Borrower may disclose the Lenders' names, the aggregate principal amount constitute part of the Loans outstanding Obligations) and, until discharged as provided in this section, continue in full force and other principal terms of such Loans to their security holders and other equity owners and prospective purchasers of equity securities of Borrower so long as Borrower informs such prospective purchasers of the confidential nature of such information and such Persons agree in writing not to disclose the same to any other Person. Nothing contained in any Loan Document is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Agent or any Lender. Signature Page To Revolving Credit And Security Agreementeffect.