Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Party, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or records or properties of any of Loan Parties’ Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Liability of Agent. None of the Agent-Related Persons 65 121 shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary the Company or Affiliate of any Loan Partythe Company, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by any Agent under or in connection with, this Agreement or any other Loan Document, or for the value of or title to any Collateral, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Company or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Company or properties of any of Loan Parties’ Subsidiaries or the Company's Affiliates.
Appears in 2 contracts
Samples: Credit Agreement (Enstar Income Growth Program Five-B Lp), Credit Agreement (Enstar Income Growth Program Five-a Lp)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Obligor or any Subsidiary or Affiliate of any Loan PartyObligor, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Obligor or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Obligor or any Subsidiary or Affiliate of Loan Parties’ Subsidiaries or Affiliatesany Obligor.
Appears in 2 contracts
Samples: Credit Agreement (Caraustar Industries Inc), Credit Agreement (Caraustar Industries Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Party, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of any Loan Parties Party or the books or records or properties of any of Loan Parties’ ' Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Loan and Security Agreement (Advanced Lighting Technologies Inc), Contingent Warrant Agreement (Advanced Lighting Technologies Inc)
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any of the Loan Parties’ Subsidiaries Parties or Affiliatestheir Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (WHX Corp), Credit Agreement (WHX Corp)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books books and records or properties of Loan Parties Borrowers or the books or records or properties of any of Loan Parties’ Borrowers' Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Credit Agreement (Altra Industrial Motion, Inc.), Credit Agreement (TB Wood's INC)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any of Loan Parties’ Subsidiaries Borrower or Affiliatesits Subsidiaries.
Appears in 2 contracts
Samples: Dip Credit Agreement (Storm Cat Energy CORP), Credit Agreement (Storm Cat Energy CORP)
Liability of Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein), or (iib) be responsible in any manner to any of the Lenders Lender for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan Party, Guarantor or any officer or director thereof, contained in this Agreement herein or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of Borrower or any Loan Party Guarantor or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of Borrower or properties of any of Loan Parties’ Subsidiaries Guarantor or Affiliatesany Affiliate thereof.
Appears in 2 contracts
Samples: Credit Agreement (Flow International Corp), Credit Agreement (Flow International Corp)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable to any other Bank for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party the Company or any Subsidiary or Affiliate of any Loan Partythe Company, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Borrower or any of Loan Parties’ the Company's other Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Schawk Inc), Term Credit Agreement (Schawk Inc)
Liability of Agent. None of the Agent, its Affiliates, officers or directors, employees or agents (collectively, the “Agent-Related Persons Persons”) shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or books, records or properties of any of Loan Parties’ Subsidiaries or AffiliatesBorrower.
Appears in 2 contracts
Samples: Revolving Credit Loan Agreement, Revolving Credit Loan Agreement (Harvard Bioscience Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrower or any Subsidiary or Affiliate of any Loan Partythe Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ its Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Credit Agreement (Saks Inc), Credit Agreement (Saks Inc)
Liability of Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Credit Agreement or any other Loan Credit Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein), or (iib) be responsible in any manner to any of the Lenders Bank or participant for any recital, statement, representation or warranty made by any Loan Credit Party or any Subsidiary or Affiliate of any Loan Party, or any officer or director thereof, contained in this Agreement herein or in any other Loan Credit Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Administrative Agent under or in connection with, this Credit Agreement or any other Loan Credit Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Credit Agreement or any other Loan Credit Document, or for any failure of any Loan Credit Party or any other party to any Loan Credit Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Credit Agreement or any other Loan Credit Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Loan Parties’ Subsidiaries Credit Party or Affiliatesany Affiliate thereof.
Appears in 2 contracts
Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own bad faith, gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Parent or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Parent or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Lenders to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any of Loan Parties’ Subsidiaries Parent or Affiliatesits Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (Colt Finance Corp.), Credit Agreement (Colt Finance Corp.)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Borrower or any of Loan Parties’ any Borrower's Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Credit Agreement (Taylor Ann Stores Corp), Loan and Security Agreement (Eftc Corp/)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Other Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Loan Parties’ Borrower or any Other Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Credit Agreement (Owens Corning), Loan and Security Agreement (W R Grace & Co)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for as a result its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Obligor or any Subsidiary or Affiliate of any Loan PartyObligor, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Obligor or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Obligors or the books or records or properties of any of Loan PartiesObligors’ Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Loan and Security Agreement (SMART Modular Technologies (DE), Inc.), Loan and Security Agreement (SMART Modular Technologies (WWH), Inc.)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books books and records or properties of Loan Parties Borrowers or the books or records or properties of any of Loan PartiesBorrowers’ Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Credit Agreement (Altra Industrial Motion, Inc.), Credit Agreement (Boston Gear LLC)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrower or any Subsidiary or Affiliate of any Loan Partythe Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ the Borrower's Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sm&a Corp), Credit and Security Agreement (Sm&a Corp)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any of Loan Parties’ Subsidiaries Party or Affiliatesits Subsidiaries.
Appears in 2 contracts
Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.), Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), ) or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower, or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of Borrower or properties of any of Loan Parties’ Borrower’s Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: And Term Loan Agreement (Continental Materials Corp), Revolving Credit and Term Loan Agreement (Continental Materials Corp)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ its Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Loan and Security Agreement (Factory Card Outlet Corp), Loan and Security Agreement (Pierre Foods Inc)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books books or records or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower’s Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Credit Agreement (Kayne DL 2021, Inc.), Credit Agreement (Kayne Anderson BDC, Inc.)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable to any Lender for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower’s Subsidiaries or Affiliates.
Appears in 2 contracts
Samples: Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (Unified Grocers, Inc.)
Liability of Agent. None of the Agent-No Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Credit Party or any Subsidiary or Affiliate of any Loan a Credit Party, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or for the value of or title to any Collateral, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrowers or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Loan Parties’ Credit Party or any Subsidiaries or AffiliatesAffiliates of any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Royal Hawaiian Orchards, L.P.), Credit Agreement (Crimson Wine Group, LTD)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), ) or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or any Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Borrower or any Subsidiary or any Affiliate of Loan Parties’ Subsidiaries or Affiliatesany Borrower.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Agent- Related Person shall be under any obligation to any Lender Lenders to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any Loan Party or its Subsidiaries. No Agent-Related Person shall have any liability to any Lender, and Loan Party or any of their respective Affiliates if any request for a Loan, Letter of Credit or other extension of credit was not authorized by the applicable Borrower. Agent shall not be required to take any action that, in its opinion or in the opinion of its counsel, may expose it to liability or that is contrary to any Loan Parties’ Subsidiaries Document or Affiliatesapplicable law or regulation.
Appears in 1 contract
Samples: Loan and Security Agreement
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Agent Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or records Books, Records, or properties of any of Loan Parties’ Parent, any of Parent's Subsidiaries or Affiliatesany Affiliates of the Borrowers.
Appears in 1 contract
Samples: Loan and Security Agreement (Evergreen International Aviation Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be ------------------ liable to any of the Banks for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party Company or any Subsidiary or Affiliate of any Loan PartyCompany, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Company or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Company or any of Loan Parties’ any Company's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Obligor or any Subsidiary or Affiliate of any Loan PartyObligor, or any officer or director thereof, contained in this Agreement or in any other Loan 141 Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Obligor or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Obligor or any of Loan Parties’ its Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party a Borrower or any Subsidiary or Affiliate of any Loan Partya Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party a Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of a Borrower or properties of any of Loan Parties’ a Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (Strategic Distribution Inc)
Liability of Agent. None of the Agent-Related AgentRelated Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Obligor or any Subsidiary or Affiliate of any Loan PartyObligor, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Obligor or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related AgentRelated Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties the Obligors or the books or records or properties of any of Loan Parties’ the Subsidiaries or AffiliatesAffiliates of any Obligor.
Appears in 1 contract
Liability of Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Credit Agreement or any other Loan Credit Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein), or (iib) be responsible in any manner to any of the Lenders Lender or participant for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Party, the Borrower or any officer or director thereof, contained in this Agreement herein or in any other Loan Credit Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Credit Agreement or any other Loan Credit Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Credit Agreement or any other Loan Credit Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Credit Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Credit Agreement or any other Loan Credit Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ Subsidiaries or AffiliatesAffiliate thereof.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrower or any Subsidiary or Affiliate of any Loan Partyits Subsidiaries, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or for the value of any Collateral or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the Property, books or records of the Borrower or properties of any of Loan Parties’ its Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Credit Agreement (PrimeWood, Inc.)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrowers or the books or records or properties of any of Loan Parties’ Borrowers' Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (Ultimate Electronics Inc)
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Credit Party or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Credit Party or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any of Loan Parties’ Subsidiaries Credit Party or Affiliatesits Subsidiaries.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by the Parent, any Loan Party Borrower or any Subsidiary of their respective Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Parent, the Borrowers or properties of any of Loan Parties’ their respective Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any the Loan Party Parties or any Subsidiary or Affiliate of any the Loan PartyParties, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or for the value of any Collateral or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any the Loan Party Parties or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books Properties, books or properties records of the Loan Parties or the books or records or properties of any of the Loan Parties’ Party's Subsidiaries or Affiliates.. 9.04
Appears in 1 contract
Liability of Agent. None of the No Agent-Related Persons Person shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Basic Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Investor for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Partythe Seller, the Servicer, the Indenture Trustee, or any officer or director thereof, contained in this Agreement or in any other Loan Basic Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Basic Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Basic Document, or for any failure of any Loan Party the Seller, the Servicer, the Indenture Trustee, or any other party to any Loan Basic Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Investor to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Basic Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Seller, the Servicer, the Indenture Trustee, or properties of any of Loan Parties’ Subsidiaries or their respective Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be ------------------ liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of Borrower or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates. The foregoing notwithstanding, nothing in this section is intended to create a standard of care or impose liability on any Agent-Related Person that would not otherwise exist but for this section.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be ------------------ liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party the Company, UR Canada or any other Subsidiary or Affiliate of any Loan Partythe Company, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by either Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Company, UR Canada or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Company, UR Canada or properties of any of Loan Parties’ the Company's other Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Security Agreement (United Rentals North America Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Borrower or any of Loan Parties’ such Borrower's Subsidiaries or AffiliatesAffiliates of any Borrower.
Appears in 1 contract
Samples: Credit Agreement (3com Corp)
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Agent Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books books and records or properties of Loan Parties Borrowers or the books or records or properties of any of Loan Parties’ Borrowers' Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons Agent nor any of its directors, officers, employees or agents shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document Documents or the transactions contemplated hereby (except for its their own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Lender for any recital, statement, representation or warranty made by Parent, any Loan Party or Borrower, any Qualified Foreign Subsidiary or Affiliate of any Loan PartyHorizon-Cayman , or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under Agentunder or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person Agent shall not be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Borrower or any other party to any Loan Parties’ Subsidiaries or AffiliatesDocument.
Appears in 1 contract
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books books and records or properties of Loan Parties Borrowers or the books or records or properties of any of Loan Parties’ Borrowers' Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan Partysuch Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Borrower or any of Loan Parties’ such Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Credit Agreement (Maxxam Inc)
Liability of Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Credit Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein), or (iib) be responsible in any manner to any of the Lenders Bank or participant for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan Party, Guarantor or any officer or director thereof, contained in this Agreement herein or in any other Loan Credit Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Credit Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Credit Document, or for any failure of Borrower or any Loan Party Guarantor or any other party to any Loan Credit Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Credit Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of Borrower or properties of any of Loan Parties’ Subsidiaries Guarantor or Affiliatesany Affiliate thereof.
Appears in 1 contract
Samples: Credit Agreement (Stone Energy Corp)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrower or any Subsidiary or Affiliate of any Loan Partythe Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or for the value of any Collateral or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ its Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Credit Agreement (Us Can Corp)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrowers or any Subsidiary or Affiliate of any Loan Partythe Borrowers, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrowers or any other party to any Loan Document to perform its their obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrowers or properties of any of Loan Partiesthe Borrowers’ Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Party, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of any Loan Parties Party or the books or records or properties of any of Loan Parties’ Party's Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement and Guaranty (Archibald Candy Corp)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders (or Bank Product Providers) for any recital, statement, representation or warranty made by any the Loan Party Parties or any Subsidiary or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any the Loan Party Parties or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Lenders (or Bank Product Providers) to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of the Loan Parties. No Agent-Related Person shall have any liability to any Lender, any Loan Party or any of their respective Affiliates if any request for a Loan, Letter of Credit or other extension of credit hereunder was not authorized by the applicable Borrower. Agent shall not be required to take any action that, in its opinion or in the opinion of its counsel, may expose it to liability or that is contrary to any Loan Parties’ Subsidiaries Document or Affiliatesapplicable law or regulation.
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party the Company or any Subsidiary or Affiliate of any Loan Partythe Company, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or for the value of any Collateral, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Company or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Company or properties of any of Loan Parties’ the Company's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related AgentRelated Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party either Borrower or any Subsidiary or Affiliate of any Loan Partyeither Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party either Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related AgentRelated Person shall be under any obligation to any Lender to ascertain or to inquire as to the 109 110 observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of each Borrower or properties of any of Loan Parties’ Subsidiaries or Affiliateseither Borrowers' Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (Waxman Industries Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Borrower or any of Loan Parties’ any Borrower’s Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Credit Agreement or any other Loan Credit Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein), or (iib) be responsible in any manner to any of the Lenders Lender or participant for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Party, the Borrower or any officer or director thereof, contained in this Agreement herein or in any other Loan Credit Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Credit Agreement or any other Loan Credit Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Credit Agreement or any other Loan Credit Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Credit Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Credit Agreement or 48 any other Loan Credit Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ Subsidiaries or AffiliatesAffiliate thereof.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Party, or any officer or director thereof, contained in 108 this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Loan Parties’ Party or any Loan Party's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrower or any Subsidiary or Affiliate of any Loan Partythe Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Domestic Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books books and records or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower’s Domestic Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Credit Agreement (Infocus Corp)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by any Loan Party or Borrower, any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books properties, books, or records or properties of any Borrower or any Affiliates of Loan Parties’ Subsidiaries or Affiliatesany Borrower.
Appears in 1 contract
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Credit Party or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Credit Party or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Agent Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any of Loan Parties’ Subsidiaries Credit Party or Affiliatesits Subsidiaries.
Appears in 1 contract
Samples: Trademark Security Agreement (Advent Software Inc /De/)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation representation, or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books properties, books, or records of Borrower or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons Agent shall not (i) be liable to any Noteholder for any action taken or omitted to be taken by any of them it under or in connection with this Agreement or any other Loan Note Purchase Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct as determined by a court of competent jurisdiction on a final and non-appealable basis), or (ii) be responsible in any manner to any of the Lenders Noteholders for any recital, statement, representation or warranty made by any Loan Party the Borrower or any Subsidiary or Affiliate of any Loan PartyGuarantor, or any officer or director thereof, contained in this Agreement or in any other Loan Note Purchase Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Note Purchase Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Note Purchase Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Note Purchase Document to perform its obligations hereunder or thereunder. No Agent-Related Person Agent shall not be under any obligation to any Lender Noteholder to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Note Purchase Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ Subsidiaries or Affiliatesthe Guarantors.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be ------------------ liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (DSG International LTD)
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books and Records or properties of Loan Parties Borrowers or the books or records or properties of any of Loan Parties’ Subsidiaries or Affiliatestheir Subsidiaries.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable to any Bank for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party the Borrowers or any Subsidiary or Affiliate of any Loan Partythe Company, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Company or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrowers or properties of any of Loan Parties’ the Borrowers' Subsidiaries or Affiliates. 11.4.
Appears in 1 contract
Samples: Assignment Agreement (Nike Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Borrower or any of Loan Parties’ such Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of Borrower or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.. The foregoing notwithstanding, nothing in this section is intended to create a standard of care or impose liability on any Agent-Related Person that would not otherwise exist but for this section. 17.4
Appears in 1 contract
Samples: Loan and Security Agreement (CTC Communications Corp)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party either Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party either Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ the Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (Nuveen John Company)
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Agent Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any of Loan Parties’ Subsidiaries Party or Affiliatesits Subsidiaries.
Appears in 1 contract
Liability of Agent. None of the No Agent-Related Persons Person shall (ia) be liable to any Co-Lender for any action taken or omitted to be taken by any of them under or in connection with this Agreement or Agreement, any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders Co-Lender for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement herein, or in any other Loan DocumentDocument or the Environmental Agreement, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or Agreement, any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or Agreement, any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Co-Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of Borrower, Guarantor or properties of any of Loan Parties’ Subsidiaries or their Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan Partythe Borrowers, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Loan Parties’ the Borrowers or any of the Borrower’s Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (Manhattan Bagel Co Inc)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by any Loan Party or Borrower, any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books properties, books, or records or properties of any Borrower or any Affiliates of Loan Parties’ Subsidiaries or Affiliatesany Borrower.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its their own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrower or any Subsidiary or Affiliate of any Loan Partythe Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or for the value of any Collateral or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the Properties, books or records of the Borrower or properties of any of Loan Parties’ the Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable to any of the Banks for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for 109 117 its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party Company or any Subsidiary or Affiliate of any Loan PartyCompany, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Company or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Company or any of Loan Parties’ any Company's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the No Agent-Related Persons Person shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein), or (ii) be responsible in any manner to any of the Lenders Bank or participant for any recital, statement, representation or warranty made by any Loan Borrower Party or any Subsidiary or Affiliate of any Loan Party, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Borrower Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Loan Parties’ Subsidiaries Borrower Party or Affiliatesany Subsidiary or Affiliate thereof.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable to any of the Banks for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party Company or any Subsidiary or Affiliate of any Loan PartyCompany, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Company or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any Company or any of Loan Parties’ any Company's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable to any of the Lenders for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary Borrower or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties the Borrowers or the books or records or properties of any of Loan Parties’ Subsidiaries or their Affiliates.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Geac Computer Corp LTD)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for to the extent of its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Agent Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Agent Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrowers or the books or records or properties of any of Loan Parties’ Borrowers' Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Marketing Services Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrower or any Subsidiary or Affiliate of any Loan Partythe Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or for the value of any Collateral or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the Properties, books or records or properties of the Borrower, any of Loan Parties’ its Subsidiaries or any of their respective Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document Investor Security Agreement or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Investors for any recital, statement, representation or warranty made by any Loan Party Obligor or any Subsidiary or Affiliate of any Loan PartyObligor, or any officer or director thereof, contained in this Agreement or in any other Loan Investor Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Investor Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Investor Document, or for any failure of any Loan Party Obligor or any other party to any Loan Investor Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Investor to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Investor Document, or to inspect the Books or properties of Loan Parties Obligors or the books or records or properties of any of Loan Parties’ Obligors' Subsidiaries or Affiliates.
Appears in 1 contract
Samples: General Security Agreement (Aegis Communications Group Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party of the Companies or any Subsidiary or Affiliate of any Loan Partythe Companies, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Companies or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Companies or properties of any of Loan Parties’ their Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party of the Companies or any Subsidiary or Affiliate of any Loan Partythe Companies, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Companies or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Companies or properties of any of Loan Parties’ their Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None Neither the Agent nor any of the Agentits officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates shall be (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Credit Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), ) or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party Borrower, Musketeer or any Designated Subsidiary or Affiliate of any Loan Party, or any officer or director thereof, thereof contained in this Agreement or in any other Loan Document, Credit Document or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, Credit Document or for the value of any Collateral or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, Credit Document or for any failure of any Loan Party Borrower, Musketeer, or any other party to any Loan Credit Document to perform its obligations hereunder or thereunder. No Agent-Related Person The Agent shall not be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Credit Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Company or properties of any of Loan Parties’ Subsidiaries or Affiliatesits Subsidiaries.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary of its Subsidiaries or Affiliate of any Loan PartyAffiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or its Subsidiaries or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Lenders to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books or and records or properties of any Loan Party or its Subsidiaries. No Agent-Related Person shall have any liability to any Lender, and Loan Party or any of their respective Affiliates if any request for a Loan Parties’ Subsidiaries or Affiliatesother extension of credit was not authorized by the Borrower. Agent shall not be required to take any action that, in its opinion or in the opinion of its counsel, may expose it to liability or that is contrary to any Loan Document or applicable law or regulation.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Forum Energy Technologies, Inc.)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party either Borrower or any Subsidiary or Affiliate of any Loan Partyeither Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party either Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of either Borrower or properties of any of Loan Parties’ their respective Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be -------------------- liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them it under or in connection with this Loan Agreement or any other Loan Document or the transactions contemplated hereby or thereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein or therein), or (iib) be responsible in any manner to any of the Lenders Bank or participant for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Party, the Borrower or any officer or director thereof, contained in this Agreement herein or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Loan Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Loan Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Loan Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ Subsidiaries or AffiliatesAffiliate thereof.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrowers or the books or records or properties of any of Loan Parties’ Borrowers' Restricted Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (Outsourcing Services Group Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other 100 Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower’s Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (Orbital Sciences Corp /De/)
Liability of Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Guarantee Agreement or any other Loan Transaction Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), (b) be liable as a consequence of any failure or delay in performance by, or any breach by, any other Counterparty or any other Person, of its obligations under this Guarantee Agreement or any other Transaction Document or (iic) be responsible in any manner to any of the Lenders Counterparty for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan a Transaction Party, or any officer or director thereof, contained in this Guarantee Agreement or in any other Loan Transaction Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Guarantee Agreement or any other Loan Transaction Document, or for the value of any Guarantee Collateral or the validity, effectiveness, genuineness, enforceability or sufficiency of this Guarantee Agreement or any other Loan Transaction Document, or for any failure of any Loan a Transaction Party or any other party to this Guarantee Agreement or any Loan other Transaction Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Counterparty to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Guarantee Agreement or any other Loan Transaction Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Loan Parties’ Subsidiaries or AffiliatesTransaction Party.
Appears in 1 contract
Samples: Subsidiary Guarantee Agreement (Seabulk International Inc)
Liability of Agent. None of the Agent-Related Persons or the Term Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan Credit Party, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Credit Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person or Term Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties any Credit Party or the books or records or properties of any of Loan Parties’ Subsidiaries Credit Party or its Affiliates.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Material Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower's Subsidiaries or Affiliates.
Appears in 1 contract
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), ) or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party the Borrower, or any Subsidiary subsidiary or Affiliate affiliate of any Loan Partythe Borrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Borrower or properties of any of Loan Parties’ Subsidiaries the Borrower's subsidiaries or Affiliatesaffiliates.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Continental Materials Corp)
Liability of Agent. None of the Agent-Related Persons Agent shall not (i) be liable to any Lender for any action taken or omitted to be taken by any of them it under or in connection with this Agreement or any other Loan Credit Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct as determined by a court of competent jurisdiction on a final and non-appealable basis), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary or Affiliate of any Loan PartyObligor, or any officer or director thereof, contained in this Agreement or in any other Loan Credit Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Credit Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Credit Document, or for any failure of any Loan Party Obligor or any other party to any Loan Credit Document to perform its obligations hereunder or thereunder. No Agent-Related Person Agent shall not be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Credit Document, or to inspect the Books or properties of Loan Parties or the properties, books or records or properties of any of Loan Parties’ Subsidiaries or AffiliatesObligor.
Appears in 1 contract
Samples: Credit Agreement (Aemetis, Inc)
Liability of Agent. None of the Agent-Related Persons 65 72 shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Banks for any recital, statement, representation or warranty made by any Loan Party or any Subsidiary the Company or Affiliate of any Loan Partythe Company, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by any Agent under or in connection with, this Agreement or any other Loan Document, or for the value of or title to any Collateral, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Company or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the properties, books or records of the Company or properties of any of Loan Parties’ Subsidiaries or the Company's Affiliates.
Appears in 1 contract
Liability of Agent. None of the No Agent-Related Persons Person shall (i) be liable for any action taken or omitted to be taken by any of them it under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its such Person's own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by any Loan Party Parent or any Subsidiary or Affiliate of any Loan PartyParent, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, 91 report, statement statement, or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Parent or any other Subsidiary or Affiliate of Parent party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties or the books properties, books, or records of Parent or properties of any of Loan Parties’ Parent's Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Credit Agreement (Intervoice Inc)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrowers or the books or records or properties of any of Loan PartiesBorrowers’ Restricted Subsidiaries or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (Peninsula Gaming, LLC)
Liability of Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Loan Party Borrower or any Subsidiary or Affiliate of any Loan PartyBorrower, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the Books or properties of Loan Parties Borrower or the books or records or properties of any of Loan Parties’ Borrower’s Subsidiaries or Affiliates.
Appears in 1 contract
