Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to Borrower, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction. Lenders acknowledge that Borrower is required to provide financial statements to Lenders in accordance with Section 6.3 hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 26 contracts
Samples: Loan Agreement, Loan and Security Agreement (Infraredx Inc), Loan and Security Agreement (Syndax Pharmaceuticals Inc)
Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to Borrowerto, any Credit Party, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided provided, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction. Lenders acknowledge that Borrower is required to provide financial statements Financial Statements and Collateral Reports to Lenders in accordance with Section 6.3 Annexes E and F hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Reading International Inc), Credit Agreement (Reading International Inc), Credit Agreement (Otelco Inc.)
Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to Borrowerto, any Credit Party, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided provided, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction. Lenders acknowledge that Borrower is required to provide financial statements Financial Statements and Collateral Reports to Lenders in accordance with Section 6.3 Annexes E and F hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Otelco Inc.), Credit Agreement (Otelco Inc.), Credit Agreement (Otelco Telecommunications LLC)
Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to Borrowerto, any Credit Party, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided provided, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's gross negligence or willful misconduct misconduct, as finally determined by a final court of competent jurisdiction. Lenders acknowledge that Borrower is Borrowers are required to provide financial statements Financial Statements to Lenders in accordance with Section 6.3 Annex E hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Odyssey Healthcare Inc), Credit Agreement (Odyssey Healthcare Inc)
Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to BorrowerBorrowers, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction. Lenders acknowledge that Borrower is Borrowers are required to provide financial statements to Lenders in accordance with Section 6.3 hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (MDRNA, Inc.), License Agreement (MDRNA, Inc.)
Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to Borrowerto, any Credit Party, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided provided, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction. Lenders acknowledge that Borrower is Borrowers are required to provide financial statements Financial Statements and Collateral Reports to Lenders in accordance with Section 6.3 Annexes E and F hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 1 contract
Samples: Credit Agreement (Northland Cable Properties Seven Limited Partnership)
Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to Borrowerto, any Credit Party, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided provided, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s gross negligence or willful misconduct as finally determined by a court Court of competent Competent jurisdiction. Lenders acknowledge that Borrower is Borrowers are required to provide financial statements Financial Statements and Collateral Reports to Lenders in accordance with Section 6.3 Annexes E and F hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 1 contract
Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to Borrowerto, any Credit Party, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided provided, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s gross negligence or willful misconduct misconduct, as finally determined by a final court of competent jurisdiction. Lenders acknowledge that Borrower is Borrowers are required to provide financial statements Financial Statements to Lenders in accordance with Section 6.3 Annex E hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 1 contract
Dissemination of Information. Agent shall use reasonable efforts to provide Lenders with any notice of Default or Event of Default received by Agent from, or delivered by Agent to Borrowerto, any Credit Party, with notice of any Event of Default of which Agent has actually become aware and with notice of any action taken by Agent following any Event of Default; provided provided, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s gross negligence or willful misconduct misconduct, as finally determined by a court of competent jurisdiction. Lenders acknowledge that Borrower is Borrowers are required to provide financial statements Financial Statements to Lenders in accordance with Section 6.3 Annex E hereto and agree that Agent shall have no duty to provide the same to Lenders.
Appears in 1 contract
Samples: Credit Agreement (Amedisys Inc)