Common use of Certain Matters Affecting the Administrative Agent Clause in Contracts

Certain Matters Affecting the Administrative Agent. (a) The Administrative Agent shall not be required to expend or risk its own funds or otherwise incur financial liability for the performance of any of its duties hereunder or the exercise of any of its rights or powers if there is reasonable ground for believing that the repayment of such funds or adequate indemnity against such risk or liability is not assured to it. (b) Notwithstanding anything in this Loan Agreement to the contrary, in no event shall the Administrative Agent be liable for special, indirect, punitive or consequential loss or damage or lost profits or loss of business arising or in connection with this Loan Agreement or the other Loan Documents. (c) The right of the Administrative Agent to perform any discretionary act enumerated in this Loan Agreement shall not be construed as a duty, and the Administrative Agent shall not be liable for the omission to perform any such act. (d) The Administrative Agent shall not be required to give any bond or surety in connection with this Loan Agreement or the powers granted hereunder. (e) The Administrative Agent shall at no time be under any duty to direct or supervise the investment of, or to advise or make any recommendation for the purchase, sale, retention or disposition of, Collateral. (f) The Administrative Agent shall not be liable for the title, validity, sufficiency, value, genuineness or transferability of any Collateral. (g) The Administrative Agent shall have no liability with respect to any valuation regardless of whether such valuation is significantly greater or less than other possible valuations.