Common use of Exculpatory Provisions; Limitation of Liability Clause in Contracts

Exculpatory Provisions; Limitation of Liability. Subject to the provisions of Section 9.6 (Exculpatory Provisions; Limitation of Liability), no Bank shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Banks, or in the absence of such instructions, in the absolute discretion of the Agent.

Appears in 4 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc), Term Loan Facility (Hovnanian Enterprises Inc)

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Exculpatory Provisions; Limitation of Liability. Subject to the provisions of Section 9.6 (Exculpatory Provisions; Limitation of Liability)9.6, no Bank shall have any right of action whatsoever against the Administrative Agent or any Agent as a result of the Administrative Agent or any Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Banks, or in the absence of such instructions, in the absolute discretion of the AgentAdministrative Agent or the Agents, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Exculpatory Provisions; Limitation of Liability. Subject to the provisions of Section 9.6 (10.6 [Exculpatory Provisions; Limitation of Liability)], no Bank shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Banks, or in the absence of such instructions, in the absolute discretion of the Agent.

Appears in 1 contract

Samples: Revolving Credit Facility (Churchill Downs Inc)

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Exculpatory Provisions; Limitation of Liability. Subject to the provisions of Section 9.6 ([Exculpatory Provisions; Limitation of Liability)], no Bank shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Banks, or in the absence of such instructions, in the absolute discretion of the Agent.

Appears in 1 contract

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)

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