Common use of Assumption of Risk by the Borrower Clause in Contracts

Assumption of Risk by the Borrower. As among the Borrower, the Lenders and the Agent, the Borrower assumes all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of Credit, the Lenders and the Agent shall not be responsible for:

Appears in 4 contracts

Samples: Loan and Security Agreement (Synthetic Industries Inc), Loan and Security Agreement (Ithaca Industries Inc), Loan and Security Agreement (Texfi Industries Inc)

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Assumption of Risk by the Borrower. As among the BorrowerBorrowers, the Lenders and the Administrative Agent, the Borrower assumes Borrowers assume all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of Credit, the Lenders and the Administrative Agent shall not be responsible for:

Appears in 2 contracts

Samples: Loan and Security Agreement (Winston Furniture Co of Alabama Inc), Loan and Security Agreement (Winsloew Furniture Inc)

Assumption of Risk by the Borrower. As among the BorrowerBorrowers, the Lenders and the Agent, the Borrower assumes Borrowers assume all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of Credit, the Lenders and the Agent shall not be responsible for:

Appears in 1 contract

Samples: Loan and Security Agreement (Ridgeview Inc)

Assumption of Risk by the Borrower. As among the Borrower, the Lenders and the Administrative Agent, the Borrower assumes all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of Credit, the Lenders and the Administrative Agent shall not be responsible for:

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Assumption of Risk by the Borrower. As among the Borrower, the Lenders Borrower and the AgentLenders, the Borrower assumes all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of Credit, the Lenders Lenders, the Fronting Bank, and the Agent shall not be responsible for:

Appears in 1 contract

Samples: Credit Agreement (Cec Entertainment Inc)

Assumption of Risk by the Borrower. As among the Borrower, the ---------------------------------- Lenders and the Agent, the Borrower assumes all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of Credit, the Lenders and the Agent shall not be responsible for:

Appears in 1 contract

Samples: Loan Agreement (Cornerstone Brands Inc)

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Assumption of Risk by the Borrower. As among the Borrower, the Lenders Lenders, and the Agent, the Borrower assumes all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of Credit, the Lenders and the Agent shall not be responsible for:: (A) the form, validity, sufficiency, accuracy, genuineness or legal effect of any

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)

Assumption of Risk by the Borrower. As among the Borrower, the Lenders and the Agent, the Borrower assumes all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, or any IRB L/C by the respective beneficiaries of such Letters of CreditCredit and IRB L/Cs. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of CreditCredit and the applicable terms of the respective IRB L/C Agreements, the Lenders and the Agent shall not be responsible for:

Appears in 1 contract

Samples: Loan and Security Agreement (Meadowcraft Inc)

Assumption of Risk by the Borrower. As among the BorrowerBorrowers, the Lenders Lenders, FCC and the Administrative Agent, the Borrower assumes Borrowers assume all risks of the acts and omissions of, or misuse of any of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the applications for the issuance of Letters of CreditLC Applications, FCC, the Lenders and the Administrative Agent shall not be responsible for:

Appears in 1 contract

Samples: Loan and Security Agreement (Winsloew Furniture Inc)

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