Common use of Funding Agent Delegation of Duties Clause in Contracts

Funding Agent Delegation of Duties. Each Funding Agent may execute any and all of its duties and exercise its rights and powers hereunder or under any other Transaction Document by or through any one or more sub-agents appointed by such Funding Agent. Each Funding Agent and any such sub-agent may execute any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article VII shall apply to any such sub-agent and to the Related Parties of a Funding Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the Facility as well as activities as a Funding Agent. No Funding Agent shall be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable judgment that such Funding Agent acted with gross negligence or willful misconduct in the selection of such sub-agents.

Appears in 10 contracts

Samples: Credit Agreement (Sunnova Energy International Inc.), Second Amended and Restated Credit Agreement (Sunnova Energy International Inc.), Amendment No. 4 and Joinder to Second Amended and Restated Credit Agreement (Sunnova Energy International Inc.)

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