General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 113 contracts
Samples: Credit Agreement (Star Group, L.P.), Credit Agreement (Star Group, L.P.), Credit Agreement (Star Group, L.P.)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 14 contracts
Samples: Credit Agreement (Alleghany Corp /De), Credit Agreement (American Country Holdings Inc), Credit Agreement (Nuveen John Company)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the BorrowerBorrowers, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 11 contracts
Samples: Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the BorrowerCompany or any of its Subsidiaries, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 7 contracts
Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (Standard Parking Ii LLC), Credit Agreement (MSX International Inc)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 7 contracts
Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc), Credit Agreement (Aon Corp)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the any Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 5 contracts
Samples: Credit Agreement (Midas Inc), Credit Agreement (Astec Industries Inc), Credit Agreement (International Fibercom Inc)
General Immunity. Neither the No Agent nor any of its their respective directors, officers, agents or employees shall be liable to the BorrowerCompany, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have has arisen from the gross negligence or willful misconduct of such Person.
Appears in 5 contracts
Samples: Credit Agreement (Audio International Inc), Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Holdings Co)
General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct and except for liability of such PersonAdministrative Agent for breach of an express agreement made by the Administrative Agent herein to take or not take actions based on the approval or direction of a requisite number of Lenders.
Appears in 4 contracts
Samples: Unsecured Revolving Credit Agreement (Centerpoint Properties Trust), Unsecured Revolving Credit Agreement (Centerpoint Properties Trust), Unsecured Revolving Credit Agreement (Centerpoint Properties Trust)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Transaction Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 4 contracts
Samples: Credit Agreement (Tri State Outdoor Media Group Inc), Credit Agreement (Tri State Outdoor Media Group Inc), Credit Agreement (Pronet Inc /De/)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Banks or any Lender Bank for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 3 contracts
Samples: Credit Agreement (Xcel Energy Inc), Credit Agreement (Northern States Power Co), Credit Agreement (Northern States Power Co)
General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the any Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 2 contracts
Samples: Credit Agreement (MPW Industrial Services Group Inc), Credit Agreement (Kaydon Corp)
General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Issuing Lender, Swing Line Lender or Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from the gross negligence Gross Negligence or willful misconduct of such Person.
Appears in 2 contracts
Samples: Credit Agreement (TJX Companies Inc /De/), Revolving Credit Agreement (TJX Companies Inc /De/)
General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen results from (i) the gross negligence Gross Negligence or willful misconduct of such PersonPerson or (ii) breach of contract by such Person with respect to the Loan Documents.
Appears in 2 contracts
Samples: Short Term Credit Agreement (Ball Corp), Long Term Credit Agreement (Ball Corp)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, any Subsidiary Guarantor, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 2 contracts
Samples: Credit Agreement (LNR Property Corp), Credit Agreement (Lennar Corp)
General Immunity. Neither the Agent nor any of its directors, officers, agents Agents or employees shall be liable to the Borrower, the Lenders any Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document Financing Agreements or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct as determined by a final order, not subject to review, of such Persona court of competent jurisdiction.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lois/Usa Inc), Loan and Security Agreement (Lois/Usa Inc)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 2 contracts
Samples: Credit Agreement (Pioneer Standard Electronics Inc), Credit Agreement (Duriron Co Inc)
General Immunity. Neither the any Agent nor any of its their respective directors, officers, agents agents, attorneys or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct as finally determined in a judgment of such Persona court of competent jurisdiction.
Appears in 2 contracts
Samples: Credit Agreement (Efm Programming Inc), Credit Agreement (Jacor Communications Inc)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to any or all of the Borrower, any Subsidiary of the Borrower or the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith therewith, except to the extent that such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from the gross negligence Gross Negligence or willful wilful misconduct of such Person.
Appears in 1 contract
Samples: Credit Agreement (Omnicare Inc)
General Immunity. Neither the Agent Agent, the Audit Agent, nor any of its their respective directors, officers, agents or employees shall be liable to the Borrower, the Lenders any Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document Financing Agreements or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct as determined by a final order, not subject to review, of such Persona court of competent jurisdiction.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, any Borrowing Subsidiary, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the its own gross negligence or willful misconduct of such Personmisconduct.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the either Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 1 contract
Samples: Credit Agreement (American Medical Security Group Inc)
General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from the gross negligence Gross Negligence or willful misconduct of such Person.
Appears in 1 contract
Samples: 364 Day Revolving Credit Agreement (TJX Companies Inc /De/)
General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Co-Arranger, LC Issuer, Swing Loan Lender or Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Credit Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from the gross negligence Gross Negligence or willful misconduct of such Person.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the gross negligence Gross Negligence or willful misconduct of such PersonPerson or (ii) breach of contract by such Person with respect to the Loan Documents.
Appears in 1 contract
General Immunity. Neither the Agent Agents nor any of its their respective directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from the gross negligence Gross Negligence or willful misconduct of such Person.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Parent, the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen from (i) the gross negligence bad faith, Gross Negligence or willful misconduct of such PersonPerson or (ii) breach of contract by such Person with respect to the Loan Documents.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the any Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from the gross negligence Gross Negligence or willful misconduct of such Person.
Appears in 1 contract
Samples: Credit Agreement (American Architectural Products Corp)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the BorrowerCompany, the Lenders Banks or any Lender Bank for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence Gross Negligence or willful misconduct of such Person.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.or
Appears in 1 contract
Samples: 364 Day Credit Agreement (Pioneer Standard Electronics Inc)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection 42 49 herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Transaction Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 1 contract
Samples: Credit Agreement (Fund American Enterprises Holdings Inc)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Credit Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 1 contract
Samples: Credit Agreement (Industrial Distribution Group Inc)
General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined in a final non-non- appealable judgment by a court of competent jurisdiction to have arisen from the gross negligence or willful misconduct of such Person.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document the Notes or the Security Instruments, including this Agreement, or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personwilful misconduct.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 1 contract
Samples: Credit Agreement (Aar Corp)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Person.misconduct. 62
Appears in 1 contract
General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is determined found in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the gross negligence Gross Negligence or willful misconduct of such PersonPerson or (ii) breach of contract by such Person with respect to the Loan Documents.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, Borrower or the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith therewith, except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Great Lakes Reit)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith therewith, except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 1 contract
General Immunity. Neither the Agent nor any of its directors, officers, agents Affiliates, Agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document Financing Agreements or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct as determined by a final order, not subject to review, of such Persona court of competent jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (Brothers Gourmet Coffees Inc)
General Immunity. Neither the Agent (in its capacity as Agent and not in its capacity as a Bank) nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender Bank for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen from the their own gross negligence or willful misconduct of such Personmisconduct.
Appears in 1 contract