Delegation of Duties. Each Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 24 contracts
Samples: Assignment and Assumption (Deere John Capital Corp), Assignment and Assumption (Deere John Capital Corp), Assignment and Assumption (Deere & Co)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement any of the Related Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 23 contracts
Samples: Note Purchase Agreement (General Motors Financial Company, Inc.), Note Purchase Agreement (General Motors Financial Company, Inc.), Note Purchase Agreement (Americredit Corp)
Delegation of Duties. Each Agent may execute any of its respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it such Agent with reasonable care.
Appears in 21 contracts
Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Insignia Esg Holdings Inc), Credit Agreement (Cooper River Properties LLC)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement any of the Basic Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 20 contracts
Samples: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)
Delegation of Duties. (a) Each Agent may execute any of its duties under this Agreement and each other Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 18 contracts
Samples: Credit and Security Agreement (Saratoga Investment Corp.), Credit and Security Agreement (Diameter Credit Co), Credit and Security Agreement (Blue Owl Credit Income Corp.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and each other Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable carecare other than any Affiliates of such Agent.
Appears in 16 contracts
Samples: Credit Agreement (T. Rowe Price OHA Select Private Credit Fund), Credit Agreement (HPS Corporate Lending Fund), Credit and Security Agreement (HPS Corporate Lending Fund)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement the applicable Transaction Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 14 contracts
Samples: Receivables Purchase Agreement (Convergys Corp), Receivables Purchase Agreement (Convergys Corp), Receivables Purchase Agreement (Tenneco Inc)
Delegation of Duties. Each The Agent and each Managing Agent may execute any of its duties under this Agreement or any other Transaction Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither the Agent nor any Managing Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 14 contracts
Samples: Transfer and Administration Agreement (Greif, Inc), Transfer and Administration Agreement (Greif, Inc), Transfer and Administration Agreement (Greif, Inc)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement the Transaction Documents to which it is a party by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent None of the Agents shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 14 contracts
Samples: Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (Boston Scientific Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 12 contracts
Samples: Credit Agreement (Soundhound Ai, Inc.), Credit Agreement (Grindr Inc.), Credit Agreement (Grindr Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Credit Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-attorneys in fact selected by it with reasonable care.
Appears in 10 contracts
Samples: Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend Corp.), Credit Agreement (Verano Holdings Corp.)
Delegation of Duties. Each Investor Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Investor Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 9 contracts
Samples: Receivables Purchase Agreement (Lexmark International Inc /Ky/), Receivables Acquisition Agreement (NBCUniversal Media, LLC), Receivables Purchase Agreement (Lexmark International Inc /Ky/)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and each other Related Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 8 contracts
Samples: Credit and Security Agreement, Credit and Security Agreement (GWG Life, LLC), Credit and Security Agreement (GWG Holdings, Inc.)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 8 contracts
Samples: Revolving Credit Agreement (TRC Companies Inc /De/), Security Agreement (Global It Holdings Inc), Credit Agreement (Residential Capital, LLC)
Delegation of Duties. Each The Agent may execute any of its duties rights or authority under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such dutiesrights and authority. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it the Agent with reasonable care.
Appears in 7 contracts
Samples: Secured Convertible Note Purchase Agreement (H-Cyte, Inc.), Secured Convertible Note and Warrant Purchase Agreement (FWHC Holdings, LLC), Standby Purchase Agreement (H-Cyte, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement or any other Loan Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 7 contracts
Samples: Credit Agreement (Cabot Microelectronics Corp), Credit Agreement (Mt Investors Inc), Credit Agreement (Quality Food Centers Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 7 contracts
Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)
Delegation of Duties. Each The Agent may execute any of its respective duties under this Agreement or the other Transaction Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it the Agent with reasonable care.
Appears in 6 contracts
Samples: Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Wave2Wave Communications, Inc.), Financing Agreement (Unigene Laboratories Inc)
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Alliance Laundry Holdings LLC), Credit Agreement (Sba Communications Corp)
Delegation of Duties. Each The Agent and the Managing Agents may execute any of its their respective duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither the Agent nor any Managing Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Receivables Purchase Agreement (Anixter International Inc), Receivables Purchase Agreement (Insight Enterprises Inc), Receivables Purchase Agreement (Anixter International Inc)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent None of the Agents shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Credit and Security Agreement (Mohawk Industries Inc), Receivables Purchase Agreement (Ferrellgas Partners Finance Corp), Credit and Security Agreement (Mohawk Industries Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement any of the Transaction Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-attorneys in fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Note Purchase Agreement (United States Cellular Corp), Note Purchase Agreement (United States Cellular Corp), VFN Note Purchase Agreement (United States Cellular Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Molecular Insight Pharmaceuticals, Inc.), Credit Agreement (Molecular Insight Pharmaceuticals, Inc.), Credit Agreement (Trico Marine Services Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement or any other Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Quality Distribution Inc), Credit Agreement (Pacer International Inc), Credit Agreement (Salt Holdings Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it in good faith with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)
Delegation of Duties. Each The Agent may execute any of its -------------------- duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit and Security Agreement (Mohawk Industries Inc), Receivables Purchase Agreement (Bon Ton Stores Inc), Interest Purchase Agreement (Federal Mogul Corp)
Delegation of Duties. Each The Agent and the Managing Agents may execute any of its their respective duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither the Agent nor any Managing Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected and maintained by it with reasonable care.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (Hanesbrands Inc.), Receivables Purchase Agreement (Johnsondiversey Inc), Receivables Purchase Agreement (Johnsondiversey Holdings Inc)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement or any other Transaction Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to the advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 5 contracts
Samples: Note Purchase Agreement (Navistar Financial Corp), Note Purchase Agreement (Navistar Financial Corp), Note Purchase Agreement (Navistar Financial Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement or any other Transaction Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 4 contracts
Samples: Loan and Administration Agreement (Commercial Credit, Inc.), Loan and Administration Agreement (Commercial Credit, Inc.), Loan and Administration Agreement (Commercial Credit, Inc.)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Smith a O Corp), Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Smith a O Corp)
Delegation of Duties. Each of the Agent and the Collateral Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither the Agent nor the Collateral Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (KCS Energy Inc), Credit Agreement (KCS Energy Inc), Stock Pledge Agreement (KCS Energy Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Dura Automotive Systems Inc), Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Usi Holdings Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact in‑fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Northwestern Corp)
Delegation of Duties. Each Managing Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Managing Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Medco Health Solutions Inc), Receivables Purchase Agreement (Medco Health Solutions Inc), Receivables Purchase Agreement (Medco Health Solutions Inc)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement or any other Loan Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement any of the Basic Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care. Section 10.03.
Appears in 3 contracts
Samples: Loan Agreement (Lithia Motors Inc), Loan Agreement (Lithia Motors Inc), Loan Agreement (Lithia Motors Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Credit Documents by or through agents agents, sub-agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents, sub-agents or attorneys-in-fact selected by it with reasonable due care.
Appears in 3 contracts
Samples: Collateral Agency Agreement (California Resources Corp), Credit Agreement (California Resources Corp), Passu Intercreditor Agreement (California Resources Corp)
Delegation of Duties. Each Agent and the Facility Agent may execute any of its duties under this Agreement any of the Related Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither any Agent nor the Facility Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Certificate Purchase Agreement (Stage Stores Inc), Certificate Purchase Agreement (Stage Stores Inc), Certificate Purchase Agreement (Stage Stores Inc)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care. The exculpatory provisions set forth in Section 7.3 shall apply to any such agents or attorneys-in-fact.
Appears in 3 contracts
Samples: Purchase Agreement (Atlanticus Holdings Corp), Purchase Agreement (Atlanticus Holdings Corp), Purchase Agreement (Atlanticus Holdings Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement or any other Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable carecare except to the extent otherwise required by Section 11.03.
Appears in 3 contracts
Samples: Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD)
Delegation of Duties. Each Agent of the Agents may execute any and all of its their respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to the advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Credit Agreement (Jafra Worldwide Holdings Lux Sarl), Credit Agreement (Dirsamex Sa De Cv)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement or any other document or instrument given in connection herewith by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Louisiana Pacific Corp), Credit Agreement (Louisiana Pacific Corp), Credit Agreement (Louisiana Pacific Corp)
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Deere & Co), Credit Agreement (Deere & Co)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Video Update Inc), Credit Agreement (Capital Environmental Resource Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement or any other Loan Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Lance Inc), Credit Agreement (Lance Inc)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible to any Lender for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (CreditCards.com, Inc.), Credit Agreement (CreditCards.com, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Magellan Midstream Partners Lp), Credit and Security Agreement (Interim Services Inc)
Delegation of Duties. Each Agent may execute perform any and all of its duties and exercise its rights and powers under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-in fact selected by it with reasonable care. The exculpatory provisions of this Section 8 shall apply to any agent or attorney-in-fact, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as each Agent.
Appears in 2 contracts
Samples: Bridge Term Loan Credit Agreement (T-Mobile US, Inc.), Credit Agreement (T-Mobile US, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.. 10.3
Appears in 2 contracts
Samples: Credit Agreement (Lantheus Holdings, Inc.), Credit Agreement (Lantheus Holdings, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement any of the Related Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.. 45
Appears in 2 contracts
Samples: Class B Note Purchase Agreement (Americredit Corp), Class a Note Purchase Agreement (Americredit Corp)
Delegation of Duties. Each The Agent and the Managing Agents may execute any of its their respective duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither the Agent nor the Managing Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Timken Co), Assignment Agreement (Timken Co)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and the other Operative Agreements by or through agents or attorneys-in-fact and shall be is entitled to advice of counsel concerning all matters pertaining to such its duties. Each The Agent shall is not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Participation Agreement (Mail Well Inc), Credit Agreement (Smart & Final Inc/De)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and the other Operative Agreements by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Safeskin Corp), Credit Agreement (Kindercare Learning Centers Inc /De)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact attorneys‑in‑fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Graybar Electric Co Inc), Receivables Purchase Agreement (Graybar Electric Co Inc)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement, the Security Agreement and the other Transaction Documents by or through its subsidiaries, affiliates, agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible to any Lender for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Receivables Financing Agreement (MFN Financial Corp), Receivables Financing Agreement (Firstcity Financial Corp)
Delegation of Duties. Each The Agent and the Managing Agents may execute any of its itstheir respective duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each TheNeither the Agent nor any Managing Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Insight Enterprises Inc), Receivables Purchase Agreement (Insight Enterprises Inc)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement by or through agents agents, employees or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any the agents or attorneys-in-fact selected by attorney‑in‑fact that it selects with reasonable care.
Appears in 2 contracts
Samples: Financing Agreement (Basil Street Cafe, Inc.), Financing Agreement (Basil Street Cafe, Inc.)
Delegation of Duties. Each Agent may execute any of its --------------------- duties under this Agreement or any other Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Compass Minerals Group Inc), Credit Agreement (GSL Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and each other Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable carecare other than any Affiliate of such Agent.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.), Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement or any other Loan Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. Each Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Credit Agreement (Solectron Corp), Credit Agreement (Solectron Corp)
Delegation of Duties. Each Agent may execute any of its respective duties under this Agreement any Financing Document by or through agents agents, employees or attorneys-in-fact fact, and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the any degree of negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by it that such Agent selects with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Axtel Sab De Cv), Credit Agreement (Axtel Sab De Cv)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement or any other Loan Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent Neither of the Agents shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement or any other Basic Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to the advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Note Purchase Agreement (Navistar Financial Corp), Note Purchase Agreement (Navistar Financial Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Cisco Systems Inc), Credit Agreement (Cisco Systems Inc)
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (SMTC Corp), Credit Agreement (Infonet Services Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters 77 pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Prospect Capital Corp)
Delegation of Duties. Each Agent may execute any of its -------------------- duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (Deere & Co)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and the other Operative Documents by or through agents or attorneys-–in-–fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-–in-–fact selected by it with reasonable care.
Appears in 1 contract
Samples: Participation Agreement (Yahoo Inc)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.. 40
Appears in 1 contract
Samples: Patterson Receivables Purchase Agreement (Patterson Dental Co)
Delegation of Duties. Each The Agent and the Managing Agents may execute any of its their respective duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither the Agent nor any Managing Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-attorneys in fact selected and maintained by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement any of the Transaction Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable due care.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Payoneer Global Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and each other Facility Document by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact attorneys‑in‑fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement or any other Loan Document by or through agents or agents, employees, attorneys-in-fact or through its Related Parties and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.- 106-
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Delegation of Duties. Each The Agent may execute any of -------------------- its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Lease Receivables Transfer Agreement (Steelcase Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.. 13.3
Appears in 1 contract
Samples: Loan Agreement (LSB Industries Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each The Agent may execute any of its duties under this -------------------- Agreement and each other Transaction Document by or through agents or attorneys-attorneys- in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible to any Purchaser for the negligence or misconduct of any agents or attorneys-in-fact selected by it the Agent with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.fact
Appears in 1 contract
Delegation of Duties. Each (a) The Agent may execute any of its duties under this Agreement and each other Program Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Highland Floating Rate Advantage Fund)
Delegation of Duties. Each Agent may execute any of its duties -------------------------- under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Sea Containers LTD /Ny/
Delegation of Duties. Each Agent may execute any of its duties under this Agreement any of the Related Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys- in-fact selected by it with reasonable care.care 45
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through receivers, agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents agent, receiver or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Management Agreement (American Casino & Entertainment Properties LLC)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement any of the Transaction Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and the other Note Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (Napco Security Technologies, Inc)
Delegation of Duties. Each The Agent may each execute any of its duties under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact and shall be entitled to rely on advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Ralcorp Holdings Inc /Mo)
Delegation of Duties. Each The Agent may execute any of its duties -------------------- under this Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (Hooper Holmes Inc)
Delegation of Duties. Each Agent may execute any of its duties under -------------------- this Agreement or any other Loan Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 1 contract
Samples: Security Agreement (United Rentals North America Inc)
Delegation of Duties. Each The Agent may execute any of its duties under this Agreement and each other Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-in- fact selected by it with reasonable care.
Appears in 1 contract
Samples: Receivables Purchase Agreement (School Specialty Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and each other Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.. 133
Appears in 1 contract
Samples: Credit and Security Agreement (WhiteHorse Finance, Inc.)
Delegation of Duties. Each The Agent may execute any of its -------------------- duties under this Participation Agreement and the other Operative Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-in- fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its respective duties under this Agreement or any other Credit Document to which such Agent is a party by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Neither Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. (a) Each Agent may execute any of its duties under this Agreement and each other Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.. USActive 59109857.10
Appears in 1 contract
Samples: Credit and Security Agreement (LGAM Private Credit LLC)
Delegation of Duties. Each The Agent may execute any of its duties -------------------- under this Agreement and the other Operative Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each The Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Participation Agreement (Asyst Technologies Inc /Ca/)
Delegation of Duties. Each Agent may execute any of its -------------------- duties under this Agreement the Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Servicing Secured Credit Agreement (Headlands Mortgage Co)
Delegation of Duties. Each Agent may execute any of its -------------------- respective duties under this Agreement or any other Loan Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. Each Agent The Agents shall not be responsible to the Lenders or the Borrowers for the negligence or misconduct of any agents agent, employee or attorneysattorney-in-fact selected by that it selects with reasonable care.
Appears in 1 contract
