Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes any of Loan Party’s obligations under any contract or agreement to which it is a party, and neither Agent nor any Lender shall be responsible in any way for the performance by Loan Party of any of the terms and conditions thereof.
Appears in 7 contracts
Samples: Loan and Security Agreement (American Outdoor Brands, Inc.), Loan and Security Agreement (American Outdoor Brands, Inc.), Loan and Security Agreement (Forbes Energy Services Ltd.)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s 's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Loan Party’s 's obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by Loan Party of any of the terms and conditions thereof.
Appears in 6 contracts
Samples: Loan and Security Agreement (Bucyrus International Inc), Loan and Security Agreement (Bucyrus International Inc), Loan and Security Agreement (Stanadyne Automotive Corp)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 5 contracts
Samples: Revolving Credit, Security and Guaranty Agreement (ZRCN Inc.), Revolving Credit and Security Agreement (Ampco Pittsburgh Corp), Revolving Credit and Security Agreement (TCP International Holdings Ltd.)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by Loan Party of any of the terms and conditions thereof.
Appears in 4 contracts
Samples: Loan and Security Agreement (Edgen Louisiana CORP), Revolving Credit, Term Loan and Security Agreement (Stream Global Services, Inc.), Revolving Credit, Term Loan and Security Agreement (Stream Global Services, Inc.)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as agent for any Loan Party’s agent Credit Party for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Loan Credit Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by Loan any Credit Party of any of the terms and conditions thereof.
Appears in 4 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Perma Fix Environmental Services Inc), Revolving Credit, Term Loan and Security Agreement (Perma Fix Environmental Services Inc), Revolving Credit, Term Loan and Security Agreement (Perma Fix Environmental Services Inc)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s 's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s 's obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 3 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Ati Inc), Revolving Credit and Security Agreement (Allegheny Technologies Inc), Debt Agreement (Castle a M & Co)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s Parties’ agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 3 contracts
Samples: Loan and Security Agreement (Marketwise, Inc.), Loan and Security Agreement (Veeco Instruments Inc), Loan and Security Agreement (Marketwise, Inc.)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Credit Party’s 's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Loan any Credit Party’s 's obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by Loan any Credit Party of any of the terms and conditions thereof.
Appears in 2 contracts
Samples: Financing Agreement (Cpac Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Sunsource Inc)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes any of any Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Vision-Ease Lens CORP), Loan and Security Agreement (Vision-Ease Lens, Inc.)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s 's obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (TCP International Holdings Ltd.), Revolving Credit and Security Agreement (TCP International Holdings Ltd.)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s Parties’ agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof. 4.19. [Reserved].
Appears in 2 contracts
Samples: Loan and Security Agreement (Veeco Instruments Inc), Loan and Security Agreement (Veeco Instruments Inc)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Domestic Loan Party’s or Borrowing Base Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Domestic Loan Party’s or Borrowing Base Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Domestic Loan Party or Borrowing Base Party of any of the terms and conditions thereof.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Exculpation of Liability. Nothing herein contained shall be construed to constitute any Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall any Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither any Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither any Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (A.S.V., LLC), Revolving Credit, Term Loan and Security Agreement (Manitex International, Inc.)
Exculpation of Liability. Nothing set forth herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Xxxxxx, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.)
Exculpation of Liability. Nothing set forth herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any the Lender as any Loan Borrower Party’s agent for any purpose whatsoever, nor shall Agent or any the Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any The Lender, whether by anything herein or in any assignment or otherwise, assumes shall not assume any of Loan Party’s the Borrower Parties’ obligations under any contract or agreement assigned to which it is a partythe Lender, and neither Agent nor any the Lender shall not be responsible in any way for the performance by Loan any Borrower Party of any of the terms and conditions thereof.
Appears in 1 contract
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of such Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 1 contract
Samples: Loan Agreement (Verrazano,inc.)
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Domestic Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Domestic Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Domestic Loan Party of any of the terms and conditions thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Worthington Steel, Inc.)
Exculpation of Liability. Nothing set forth herein contained shall be construed to constitute Agent or any Lender as any Loan Party’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of DB1/ 123142411.13 any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Loan Party’s obligations under any contract or agreement assigned to which it is a partyAgent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Loan Party of any of the terms and conditions thereof.
Appears in 1 contract
Samples: Term Loan Credit and Security Agreement (Quantum Corp /De/)
Exculpation of Liability. Nothing herein contained shall be construed to constitute any Agent or any Lender as agent of any Loan Party’s agent Party for any purpose whatsoever, nor shall any Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither any Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Loan Party’s Parties' obligations under any contract or agreement assigned to which it is a partysuch Agent or such Lender, and neither any Agent nor any Lender shall be responsible in any way for the performance by Loan Party Parties of any of the terms and conditions thereof.
Appears in 1 contract
Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any the Lender as any Loan Borrower Party’s 's agent for any purpose whatsoever, nor shall Agent or any the Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any The Lender, whether by anything herein or in any assignment or otherwise, assumes shall not assume any of Loan Party’s the Borrower Parties' obligations under any contract or agreement assigned to which it is a partythe Lender, and neither Agent nor any the Lender shall not be responsible in any way for the performance by Loan any Borrower Party of any of the terms and conditions thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Fidelity National Information Solutions Inc)
