Common use of Excluded Obligations Clause in Contracts

Excluded Obligations. Notwithstanding anything to the contrary expressed or implied herein, neither the Agent nor the Lead Arrangers shall: 28.4.1 be bound to enquire as to (a) whether or not any representation made or deemed to be made by an Obligor in connection with the Finance Documents is true, (b) the occurrence or otherwise of any Default, (c) the performance by an Obligor of its obligations under the Finance Documents or (d) any breach of or default by an Obligor of or under its obligations under the Finance Documents; 28.4.2 be bound to account to any Bank for any sum or the profit element of any sum received by it for its own account; 28.4.3 be bound to disclose to any other person any information relating to any member of the Group if (a) such person, on providing such information, expressly stated to the Agent or, as the case may be, the Lead Arrangers, that such information was confidential or (b) such disclosure would or might in its opinion constitute a breach of any law or be otherwise actionable at the suit of any person; 28.4.4 be under any obligations other than those for which express provision is made herein; or 28.4.5 be or be deemed to be a fiduciary for any other party hereto.

Appears in 3 contracts

Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

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Excluded Obligations. Notwithstanding anything to the contrary expressed or implied herein, neither the Agent nor the Lead Arrangers Arranger shall: 28.4.1 22.4.1 be bound to enquire as to (a) whether or not any representation made or deemed to be made by an Obligor the Borrower in connection with the Finance Documents Loan Agreement is true, (b) the occurrence or otherwise of any Event of Default or Potential Event of Default, (c) the performance by an Obligor the Borrower of its obligations under the Finance Documents Loan Agreement or (d) any breach of or default by an Obligor the Borrower of or under its obligations under the Finance DocumentsLoan Agreement; 28.4.2 22.4.2 be bound to account to any the Bank for any sum or the profit element of any sum received by it for its own account; 28.4.3 22.4.3 be bound to disclose to any other person any information relating to the Borrower or any member of the Group its agencies if (a) such person, on providing such information, expressly stated to the Agent or, as the case may be, the Lead ArrangersArranger, that such information was confidential or (b) such disclosure would or might in its opinion constitute a breach of any law or be otherwise actionable at the suit of any person; 28.4.4 22.4.4 be under any obligations other than those for which express provision is made herein; or 28.4.5 22.4.5 be or be deemed to be a fiduciary for any other party hereto.

Appears in 1 contract

Samples: Term Loan Agreement

Excluded Obligations. Notwithstanding anything to the contrary expressed or implied herein, neither the Agent nor any of the Lead Arrangers shall: 28.4.1 be bound to enquire as to (a) whether or not any representation made or deemed to be made by an Obligor in connection with the Finance Documents is true, (b) the occurrence or otherwise of any Event of Default or Potential Event of Default, (c) the performance by an Obligor of its obligations under the Finance Documents or (d) any breach of or default by an Obligor of or under its obligations under the Finance Documents; 28.4.2 be bound to account to any Bank for any sum or the profit element of any sum received by it for its own account; 28.4.3 be bound to disclose to any other person any information relating to any member of the Group if (a) such person, on providing such information, expressly stated to the Agent or, as the case may be, the Lead Arrangers, that such information was confidential or (b) such disclosure would or might in its opinion constitute a breach of any law or be otherwise actionable at the suit of any person; 28.4.4 be under any obligations other than those for which express provision is made herein; or 28.4.5 be or be deemed to be a fiduciary for any other party hereto.

Appears in 1 contract

Samples: Term Facility Agreement (Zindart LTD)

Excluded Obligations. Notwithstanding anything to the contrary expressed or implied herein, neither the Agent nor the Lead Arrangers shall: 28.4.1 26.4.1 be bound to enquire as to (a) whether or not any representation made or deemed to be made by an Obligor in connection with the Finance Documents is true, (b) the occurrence or otherwise of any Default, (c) the performance by an Obligor of its obligations under the Finance Documents or (d) any breach of or default by an Obligor of or under its obligations under the Finance Documents; 28.4.2 26.4.2 be bound to account to any Bank for any sum or the profit element of any sum received by it for its own account; 28.4.3 26.4.3 be bound to disclose to any other person any information relating to any member of the Group if (a) such person, on providing such information, expressly stated to the Agent or, as the case may be, the Lead Arrangers, that such information was confidential or (b) such disclosure would or might in its opinion constitute a breach of any law or be otherwise actionable at the suit of any person; 28.4.4 26.4.4 be under any obligations other than those for which express provision is made herein; or 28.4.5 26.4.5 be or be deemed to be a fiduciary for any other party hereto.

Appears in 1 contract

Samples: Exhibit Agreement (Ace LTD)

Excluded Obligations. Notwithstanding anything to the contrary expressed or implied herein, neither the Agent nor the Lead Arrangers shall: 28.4.1 25.4.1 be bound to enquire as to (a) whether or not any representation made or deemed to be made by an Obligor in connection with the Finance Documents is true, (b) the occurrence or otherwise of any Default, (c) the performance by an Obligor of its obligations under the Finance Documents or (d) any breach of or default by an Obligor of or under its obligations under the Finance Documents; 28.4.2 25.4.2 be bound to account to any Bank for any sum or the profit element of any sum received by it for its own account; 28.4.3 25.4.3 be bound to disclose to any other person any information relating to any member of the Group if (a) such person, on providing such information, expressly stated to the Agent or, as the case may be, the Lead Arrangers, that such information was confidential or (b) such disclosure would or might in its opinion constitute a breach of any law or be otherwise actionable at the suit of any person; 28.4.4 25.4.4 be under any obligations other than those for which express provision is made herein; or 28.4.5 be or be deemed to be a fiduciary for any other party hereto.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Ace LTD)

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Excluded Obligations. Notwithstanding anything to the contrary expressed or implied herein, neither the Agent Agents nor the Lead Arrangers shall: 28.4.1 34.5.1 be bound to enquire as to (a) whether or not any representation made or deemed to be made by an Obligor in connection with the any Finance Documents Document is true, (b) the occurrence or otherwise of any Event of Default or Potential Event of Default, (c) the performance by an Obligor of its obligations under the Finance Documents hereunder or (d) any breach of or default by an Obligor of or under its obligations under the Finance Documentshereunder; 28.4.2 34.5.2 be bound to account to any Bank for any sum or the profit element of any sum received by it for its own account; 28.4.3 34.5.3 be bound to disclose to any other person any information relating to any member of the Group an Obligor if (a) such person, on providing such information, expressly stated to the such Agent or, as the case may be, the Lead Arrangers, that such information was confidential or (b) such disclosure would or might in its opinion constitute a breach of any law or be otherwise actionable at the suit of any person; 28.4.4 34.5.4 be under any obligations other than those for which express provision is made herein; or 28.4.5 be or be deemed to be a fiduciary for any other party hereto.

Appears in 1 contract

Samples: Loan Agreement (Getronics N V)

Excluded Obligations. Notwithstanding anything to the contrary expressed or implied herein, neither the Agent Agent, any Underwriter nor the Lead Arrangers Arranger shall: 28.4.1 34.4.1 be bound to enquire as to (a) whether or not any representation made or deemed to be made by an Obligor in connection with the any Finance Documents Document is true, (b) the occurrence or otherwise of any Event of Default or Potential Event of Default, (c) the performance by an Obligor of its obligations under the any Finance Documents Document or (d) any breach of or default by an Obligor of or under its obligations under the any Finance DocumentsDocument; 28.4.2 34.4.2 be bound to account to any Bank for any sum or the profit element of any sum received by it for its own account; 28.4.3 34.4.3 be bound to disclose to any other person any information relating to any member of the Group if (a) such person, on providing such information, expressly stated to the Agent or, as the case may be, the Lead ArrangersArranger, that such information was confidential or (b) such disclosure would or might in its opinion constitute a breach of any law or be otherwise actionable at the suit of any person; 28.4.4 34.4.4 be under any obligations other than those for which express provision is made hereinin any Finance Document; or 28.4.5 34.4.5 be or be deemed to be a fiduciary for any other party heretoto any Finance Document.

Appears in 1 contract

Samples: Senior Credit Agreement (Transworld Healthcare Inc)

Excluded Obligations. Notwithstanding anything to the contrary expressed or implied herein, neither the Agent nor the Lead Arrangers Arranger shall: 28.4.1 26.4.1 be bound to enquire as to (a) whether or not any representation made or deemed to be made by an Obligor in connection with the Finance Documents herewith is true, (b) the occurrence or otherwise of any Event of Default or Potential Event of Default, (c) the performance by an Obligor of its obligations under the Finance Documents hereunder or (d) any breach of or default by an Obligor of or under its obligations under the Finance Documentshereunder; 28.4.2 26.4.2 be bound to account to any Bank for any sum or the profit element of any sum received by it for its own account; 28.4.3 26.4.3 be bound to disclose to any other person any information relating to any member of the Group if (a) such person, on providing such information, information expressly stated to the Agent or, as the case may be, the Lead ArrangersArranger, that such information was confidential or (b) such disclosure would or might in its opinion constitute a breach of any law or be otherwise actionable at the suit of any person; 28.4.4 26.4.4 be under any obligations other than those for which express provision is made herein; or 28.4.5 26.4.5 be or be deemed to be a fiduciary for any other party hereto.

Appears in 1 contract

Samples: Revolving Loan Agreement (Imc Global Inc)

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