Common use of Limitation on Obligations of Issuing Lender Clause in Contracts

Limitation on Obligations of Issuing Lender. In determining whether to pay under any Letter of Credit, the Issuing Lender shall not have any obligation to the Company or any Lender other than to confirm that any documents required to be delivered under such Letter of Credit appear to have been delivered and appear to comply on their face with the requirements of such Letter of Credit. Any action taken or omitted to be taken by the Issuing Lender under or in connection with any Letter of Credit, if taken or omitted in the absence of gross negligence and willful misconduct, shall not impose upon the Issuing Lender any liability to the Company or any Lender and shall not reduce or impair the Company's reimbursement obligations set forth in Section 2.3.3 or the obligations of the Lenders pursuant to Section 2.3.5.

Appears in 6 contracts

Samples: Credit Agreement (United Auto Group Inc), Credit Agreement (Lithia Motors Inc), Credit Agreement (United Auto Group Inc)

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Limitation on Obligations of Issuing Lender. In determining whether to pay under any Letter of Credit, the Issuing Lender shall not have any obligation to the Company any Loan Party or any Lender other than to confirm that any documents required to be delivered under such Letter of Credit appear to have been delivered and appear to comply on their face with the requirements of such Letter of Credit. Any action taken or omitted to be taken by the Issuing Lender under or in connection with any Letter of Credit, if taken or omitted in the absence of gross negligence and willful misconduct, shall not impose upon the Issuing Lender any liability to the Company any Loan Party or any Lender and shall not reduce or impair the Company's Borrowers' reimbursement obligations set forth in Section 2.3.3 or the obligations of the Lenders pursuant to Section 2.3.5.

Appears in 2 contracts

Samples: Credit Agreement (Thane International Inc), Credit Agreement (Thane International Inc)

Limitation on Obligations of Issuing Lender. In determining whether to pay under any Letter of Credit, the Issuing Lender shall not have any obligation to the Company or any Lender other than to confirm that any documents required to be delivered under such Letter of Credit appear to have been delivered and appear to comply on their face with the requirements of such Letter of Credit. Any action taken or omitted to be taken by the Issuing Lender under or in connection with any Letter of Credit, if taken or omitted in the absence of gross negligence and willful misconduct, shall not impose upon the Issuing Lender any liability to the Company or any Lender and shall not reduce or impair the Company's ’s reimbursement obligations set forth in Section 2.3.3 or the obligations of the Lenders pursuant to Section 2.3.5.

Appears in 2 contracts

Samples: Credit Agreement (United Auto Group Inc), Credit Agreement (Penske Automotive Group, Inc.)

Limitation on Obligations of Issuing Lender. In determining whether to pay under any Letter of Credit, the Issuing Lender shall not have any obligation to the Company any Borrower or any Revolving Lender other than to confirm that any documents required to be delivered under such Letter of Credit appear to have been delivered and appear to comply on their face with the requirements of such Letter of Credit. Any action taken or omitted to be taken by the Issuing Lender under or in connection with any Letter of Credit, if taken or omitted in the absence of gross negligence and or willful misconduct, shall not impose upon the Issuing Lender any liability to the Company any Borrower or any Revolving Lender and shall not reduce or impair the Companyany Borrower's reimbursement obligations set forth in Section 2.3.3 or the obligations of the Revolving Lenders pursuant to Section 2.3.5.

Appears in 1 contract

Samples: Confirmation Credit Agreement (Tokheim Corp)

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Limitation on Obligations of Issuing Lender. In determining whether to pay under any Letter of Credit, the Issuing Lender shall not have any obligation to the Company or any Lender other than to confirm that any documents required to be delivered under such Letter of Credit appear to have been delivered and appear to comply on their face with the requirements of such Letter of Credit. Any action taken or omitted to be taken by the Issuing Lender under or in connection with any Letter of Credit, if taken or omitted in the absence of gross negligence and willful misconduct, shall not impose upon the Issuing Lender any liability to the Company or any Lender and shall not reduce or impair the Company's ’s reimbursement obligations set forth in Section 2.3.3 2.7.3 or the obligations of the Lenders pursuant to Section 2.3.52.7.5.

Appears in 1 contract

Samples: Credit Agreement (Penske Automotive Group, Inc.)

Limitation on Obligations of Issuing Lender. In determining whether to pay under any Letter of Credit or Standby Letter of Credit, the Issuing Lender shall not have any obligation to the Company or any Lender other than to confirm that any documents required to be delivered under such Letter of Credit or Standby Letter of Credit appear to have been delivered and appear to comply on their face with the requirements of such Letter of Credit or Standby Letter of Credit. Any action taken or omitted to be taken by the Issuing Lender under or in connection with any Letter of Credit or Standby Letter of Credit, if taken or omitted in the absence of gross negligence and willful misconduct, shall not impose upon the Issuing Lender any liability to the Company or any Lender (in the case of Letters of Credit) and shall not reduce or impair the Company's reimbursement obligations set forth in Section 2.3.3 or or, in the case of Letters of Credit, the obligations of the Lenders pursuant to Section 2.3.5."

Appears in 1 contract

Samples: Credit Agreement (United Auto Group Inc)

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