Exclusion of Liabilities. Except in the case of gross negligence or wilful default, none of the Agent and the Arranger accepts any responsibility: 31.6.1 for the adequacy, accuracy and/or completeness of the Information Memorandum or any other information supplied by the Agent or the Arranger, by an Obligor or by any other person in connection with any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document; 31.6.2 for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document; or 31.6.3 for the exercise of, or the failure to exercise, any judgement, discretion or power given to any of them by or in connection with any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document. Accordingly, none of the Agent and the Arranger shall be under any liability (whether in negligence or otherwise) in respect of such matters, save in the case of gross negligence or wilful misconduct.
Appears in 2 contracts
Samples: Senior Term Facility Agreement (United Surgical Partners International Inc), Senior Term Facility Agreement (United Surgical Partners International Inc)
Exclusion of Liabilities. Except in the case of gross negligence or wilful default, none of neither the Agent and nor the Arranger accepts any responsibility:
31.6.1 25.6.1 for the adequacy, accuracy and/or completeness of the Information Memorandum or any other information supplied by the Agent or the Arranger, by an Obligor or by any other person in connection with any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments;
31.6.2 25.6.2 for the legality, validity, effectiveness, adequacy or enforceability of any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments; or
31.6.3 25.6.3 for the exercise of, or the failure to exercise, any judgement, discretion or power given to any of them by or in connection with any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments. Accordingly, none of neither the Agent and nor the Arranger shall be under any liability (whether in negligence or otherwise) in respect of such matters, save in the case of gross negligence or wilful misconduct.
Appears in 2 contracts
Samples: Letter of Credit Facility Agreement (Ace LTD), Letter of Credit Facility Agreement (Ace LTD)
Exclusion of Liabilities. Except in the case of gross negligence or wilful default, none of neither the Agent and nor the Arranger Arrangers accepts any responsibility:
31.6.1 26.6.1 for the adequacy, accuracy and/or completeness of the Information Memorandum or any other information supplied by the Agent or the ArrangerArrangers, by an Obligor or by any other person in connection with any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments;
31.6.2 26.6.2 for the legality, validity, effectiveness, adequacy or enforceability of any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments; or
31.6.3 26.6.3 for the exercise of, or the failure to exercise, any judgement, discretion or power given to any of them by or in connection with any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments. Accordingly, none of neither the Agent and nor the Arranger Arrangers shall be under any liability (whether in negligence or otherwise) in respect of such matters, save in the case of gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Exhibit Agreement (Ace LTD)
Exclusion of Liabilities. Except in the case of gross negligence or wilful default, none of the Agent Agent, the Underwriters and the Arranger accepts any responsibility:
31.6.1 for the adequacy, accuracy and/or completeness of the Information Memorandum or any other information supplied by the Agent or the Arranger, by an Obligor or by any other person in connection with any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document;
31.6.2 for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document; or
31.6.3 for the exercise of, or the failure to exercise, any judgement, discretion or power given to any of them by or in connection with any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document. Accordingly, none of the Agent Agent, the Underwriters and the Arranger shall be under any liability (whether in negligence or otherwise) in respect of such matters, save in the case of gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Mezzanine Credit Agreement (Transworld Healthcare Inc)
Exclusion of Liabilities. Except in the case of gross negligence or wilful default, none of the Agent Agent, the Underwriters and the Arranger accepts any responsibility:
31.6.1 34.6.1 for the adequacy, accuracy and/or completeness of the Information Memorandum or any other information supplied by the Agent or the Arranger, by an Obligor or by any other person in connection with any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document;
31.6.2 34.6.2 for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document; or
31.6.3 34.6.3 for the exercise of, or the failure to exercise, any judgement, discretion or power given to any of them by or in connection with any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any Finance Document. Accordingly, none of the Agent Agent, the Underwriters and the Arranger shall be under any liability (whether in negligence or otherwise) in respect of such matters, save in the case of gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Senior Credit Agreement (Transworld Healthcare Inc)
Exclusion of Liabilities. Except in the case of gross negligence or wilful default, none of neither the Agent and nor the Arranger Arrangers accepts any responsibility:
31.6.1 25.6.1 for the adequacy, accuracy and/or completeness of the Information Memorandum or any other information supplied by the Agent or the ArrangerArrangers, by an Obligor or by any other person in connection with any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments;
31.6.2 25.6.2 for the legality, validity, effectiveness, adequacy or enforceability of any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments; or
31.6.3 25.6.3 for the exercise of, or the failure to exercise, any judgement, discretion or power given to any of them by or in connection with any the Finance Document Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with any the Finance DocumentDocuments. Accordingly, none of neither the Agent and nor the Arranger Arrangers shall be under any liability (whether in negligence or otherwise) in respect of such matters, save in the case of gross negligence or wilful misconduct.
Appears in 1 contract