Common use of Deal Agent's Reliance, Etc Clause in Contracts

Deal Agent's Reliance, Etc. Neither the Deal Agent nor any of -------------------------- its directors, officers, agents or employees shall be liable for any action taken or omitted to be taken by it or them as Deal Agent under or in connection with this Credit Agreement (including, without limitation, any action taken or omitted to be taken by it or them if the Deal Agent is designated as Servicer pursuant to Section 11.02) or any other agreement executed pursuant hereto, -------------- except for its or their own negligence or willful malfeasance or misfeasance. Without limiting the foregoing, the Deal Agent: (i) may consult with legal counsel (including counsel for the Borrower), 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; (ii) makes no warranty or representation to any Person and shall not be responsible to any other Person for any statements, warranties or representations made in or in connection with this Credit Agreement or in connection with any of the other agreements executed pursuant hereto; (iii) 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 Credit Agreement on the part of the Borrower or to inspect the property (including the books and records) of the Borrower; (iv) shall not be responsible to EagleFunding or any other Person for the due execution, legality, validity, enforceability, genuineness or sufficiency of value of this Credit Agreement or any other agreement, instrument or document furnished pursuant hereto; and (v) shall incur no liability under or in respect of this Credit Agreement or any other agreement executed pursuant hereto, by acting upon any notice (including notice by telephone with respect to notices under Section 2.03), consent, ------------- certificate or other instrument or writing (which may be by telex or facsimile) believed by it to be genuine and signed or sent by the proper party or parties. Notwithstanding anything in this Section 8.02 to the contrary, the foregoing ------------ provisions of this Section 8.02 shall not run in favor of the Deal Agent in ------------- connection with any claim against the Deal Agent made by EagleFunding.

Deal Agent's Reliance, Etc. Neither the Deal Agent nor any of -------------------------- its directors, officers, agents or employees shall be liable for any action taken or omitted to be taken by it or them as Deal Agent under or in connection with this Credit Agreement (including, without limitation, any action taken or omitted to be taken by it or them if the Deal Agent is designated as Servicer Collection Agent pursuant to Section 11.026.01) or any other agreement executed pursuant hereto, -------------- except for its or their own negligence or willful malfeasance or misfeasance. Without limiting the foregoing, the Deal Agent: (i) may consult with legal counsel (including counsel for the BorrowerSeller), 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; (ii) makes no warranty or representation to any Person and shall not be responsible to any other Person for any statements, warranties or representations made in or in connection with this Credit Agreement or in connection with any of the other agreements executed pursuant hereto; (iii) 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 Credit Agreement on the part of the Borrower Seller or to inspect the property (including the books and records) of the BorrowerSeller; (iv) shall not be responsible to EagleFunding the Purchaser or any other Person for the due execution, legality, validity, enforceability, genuineness or sufficiency of value of this Credit Agreement or any other agreement, instrument or document furnished pursuant hereto; and (v) shall incur no liability under or in respect of this Credit Agreement or any other agreement executed pursuant hereto, by acting upon any notice (including notice by telephone with respect to notices under Section 2.032.02), consent, ------------- certificate or other instrument or writing (which may be by telex or facsimile) believed by it to be genuine and signed or sent by the proper party or parties. Notwithstanding anything in this Section 8.02 9.02 to the contrary, the foregoing ------------ provisions of this Section 8.02 9.02 shall not run in favor of the Deal Agent in ------------- connection with any claim against the Deal Agent made by EagleFunding.

Deal Agent's Reliance, Etc. Neither the Deal Agent nor --------------------------- any of -------------------------- its directors, officers, agents or employees shall be liable for any action taken or omitted to be taken by it or them as Deal Agent under or in connection with this Credit Agreement (including, without limitation, any action taken or omitted to be taken by it or them if the Deal Agent is designated as Servicer pursuant to Section 11.026.01) or any other agreement executed pursuant hereto, -------------- ------------ except for its or their own gross negligence or willful malfeasance or misfeasance. Without limiting the foregoing, the Deal Agent: (i) may consult with legal counsel (including counsel for the BorrowerSeller), 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; (ii) makes no warranty or representation to any Person Affected Party and shall not be responsible to any other Person Affected Party for any statements, warranties or representations made in or in connection with this Credit Agreement or in connection with any of the other agreements executed pursuant hereto; (iii) 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 Credit Agreement on the part of the Borrower Seller or to inspect the property (including the books and records) of the BorrowerSeller; (iv) shall not be responsible to EagleFunding or any other Affected Person for the due execution, legality, validity, enforceability, genuineness or sufficiency of value of this Credit Agreement or any other agreement, instrument or document furnished pursuant hereto; and (v) shall incur no liability under or in respect of this Credit Agreement or any other agreement executed pursuant hereto, by acting upon any notice (including notice by telephone with respect to notices under Section 2.032.02), consent, ------------- certificate or other instrument or writing (which may be ------------ by telex or facsimile) believed by it to be genuine and signed or sent by the proper party or parties. Notwithstanding anything in this Section 8.02 to the contrary, the foregoing ------------ provisions of this Section 8.02 shall not run in favor of the Deal Agent in ------------- connection with any claim against the Deal Agent made by EagleFunding.

Deal Agent's Reliance, Etc. Neither the Deal Agent nor any of -------------------------- its directors, officers, agents or employees shall be liable for any action taken or omitted to be taken by it or them as Deal Agent under or in connection with this Credit Agreement (including, without limitation, any action taken or omitted to be taken by it or them if the Deal Agent is designated as Servicer pursuant to Section 11.026.01) or any other agreement executed pursuant hereto, -------------- except for its or their own negligence or willful malfeasance or misfeasance. Without limiting the foregoing, the Deal Agent: (i) may consult with legal counsel (including counsel for the BorrowerSeller), 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; (ii) makes no warranty or representation to any Person and shall not be responsible to any other Person for any statements, warranties or representations made in or in connection with this Credit Agreement or in connection with any of the other agreements executed pursuant hereto; (iii) 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 Credit Agreement on the part of the Borrower Seller or to inspect the property (including the books and records) of the BorrowerSeller; (iv) shall not be responsible to EagleFunding the Purchaser or any other Person for the due execution, legality, validity, enforceability, genuineness or sufficiency of value of this Credit Agreement or any other agreement, instrument or document furnished pursuant hereto; and (v) shall incur no liability under or in respect of this Credit Agreement or any other agreement executed pursuant hereto, by acting upon any notice (including notice by telephone with respect to notices under Section 2.032.02), consent, ------------- certificate or other instrument or writing (which may be by telex or facsimile) believed by it to be genuine and signed or sent by the proper party or parties. Notwithstanding anything in this Section 8.02 9.02 to the contrary, the foregoing ------------ provisions of this Section 8.02 9.02 shall not run in favor of the Deal Agent in ------------- connection with any claim against the Deal Agent made by EagleFunding.

Deal Agent's Reliance, Etc. Neither the Deal Agent nor any of -------------------------- its directors, officers, agents or employees shall be liable for any action taken or omitted to be taken by it or them as Deal Agent under or in connection with this Credit Agreement (including, without limitation, any action taken or omitted to be taken by it or them if the Deal Agent is designated as Servicer pursuant to Section 11.02SECTION 6.01) or any other agreement executed pursuant hereto, -------------- except for its or their own negligence or willful malfeasance or misfeasance. Without limiting the foregoing, the Deal Agent: (i) may consult with legal counsel (including counsel for the BorrowerSeller), 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; (ii) makes no warranty or representation to any Person and shall not be responsible to any other Person for any statements, warranties or representations made in or in connection with this Credit Agreement or in connection with any of the other agreements executed pursuant hereto; (iii) 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 Credit Agreement on the part of the Borrower Seller or to inspect the property (including the books and records) of the BorrowerSeller; (iv) shall not be responsible to EagleFunding the Purchaser or any other Person for the due execution, legality, validity, enforceability, genuineness or sufficiency of value of this Credit Agreement or any other agreement, instrument or document furnished pursuant hereto; and (v) shall incur no liability under or in respect of this Credit Agreement or any other agreement executed pursuant hereto, by acting upon any notice (including notice by telephone with respect to notices under Section 2.03SECTION 2.02), consent, ------------- certificate or other instrument or writing (which may be by telex or facsimile) believed by it to be genuine and signed or sent by the proper party or parties. Notwithstanding anything in this Section 8.02 SECTION 9.02 to the contrary, the foregoing ------------ provisions of this Section 8.02 SECTION 9.02 shall not run in favor of the Deal Agent in ------------- connection with any claim against the Deal Agent made by EagleFunding.