Limitation on Responsibilities of Agents. No Agent shall be liable to any Secured Party for any action taken or omitted to be taken under the Loan Documents, except for losses directly and solely caused by such Agent’s gross negligence or willful misconduct. No Agent assumes any responsibility for any failure or delay in performance or any breach by any Obligor, Lender or other Secured Party of any obligations under the Loan Documents. No Agent makes any express or implied representation, warranty or guarantee to Secured Parties with respect to any Obligations, Collateral, <Liens, >Loan Documents or Obligor. No Agent Indemnitee shall be responsible to Secured Parties for any recitals, statements, information, representations or warranties contained in any Loan Documents or Borrower Materials; the execution, validity, genuineness, effectiveness or enforceability of any Loan Documents; the genuineness, enforceability, collectibility, value, sufficiency, location or existence of any Collateral, or the validity, extent, perfection or priority of any Lien therein; the validity, enforceability or collectibility of any Obligations; or the assets, liabilities, financial condition, results of operations, business, creditworthiness or legal status of any Obligor or Account Debtor. No Agent Indemnitee shall have any obligation to any Secured Party to ascertain or inquire into the existence of any Default or Event of Default, the observance by any Obligor of any terms of the Loan Documents, or the satisfaction of any conditions precedent contained in any Loan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (United Natural Foods Inc)
Limitation on Responsibilities of Agents. No Neither Agent nor their Affiliates nor any of their respective officers, directors, employees, agents, attorneys-in-fact or affiliates: (a) shall be liable to any Secured Party Lender for any action taken or omitted to be taken under the Loan Documents, except for losses directly and solely caused by such Agent’s gross negligence or willful misconduct. No Agent ; (b) assumes any responsibility for any failure or delay in performance or any breach by any Obligor, Loan Party or any Lender or other Secured Party of any obligations under the Loan Documents. No Agent ; and (c) makes any express or implied representation, warranty or guarantee to Secured Parties any Lender with respect to any Obligations, Collateral, <Liens, >Loan Documents or ObligorLoan Party. No Agent Indemnitee shall be responsible to Secured Parties Lenders for any recitals, statements, information, representations or warranties contained in any Loan Documents or Borrower Materials; the execution, validity, genuineness, effectiveness or enforceability of any Loan Documents; the genuineness, enforceability, collectibilitycollectability, value, sufficiency, location or existence of any Collateral, or the validity, extent, perfection or priority of any Lien therein; the validity, enforceability or collectibility collectability of any Obligations; or the assets, liabilities, financial condition, results of operations, business, creditworthiness or legal status of any Obligor or Account DebtorLoan Party. No Agent Indemnitee shall have any obligation to any Secured Party Lender to ascertain or inquire into the existence of any Default or Event of Default, the observance by any Obligor Loan Party of any terms of the Loan Documents, or the satisfaction of any conditions precedent contained in any Loan Documents.
Appears in 1 contract
Samples: Term Loan Agreement (Sportsman's Warehouse Holdings, Inc.)
Limitation on Responsibilities of Agents. No Agent None of the Agents shall be liable to any Secured Party Lenders for any action taken or omitted to be taken under the Loan Documents, except for losses directly and solely caused by such the Applicable Agent’s gross negligence or willful misconduct. No Agent assumes None of the Administrative Agent’s assume any responsibility for any failure or delay in performance or any breach by any Obligor, Obligor or Lender or other Secured Party of any obligations under the Loan Documents. No Agent None of the Agents makes to Lenders any express or implied representationwarranty, warranty representation or guarantee to Secured Parties with respect to any Obligations, Collateral, <Liens, >Loan Documents or Obligor. No Agent Indemnitee shall be responsible to Secured Parties Lenders for any recitals, statements, information, representations or warranties contained in any Loan Documents or Borrower MaterialsDocuments; the execution, validity, genuineness, effectiveness or enforceability of any Loan Documents; the genuineness, enforceability, collectibility, value, sufficiency, location or existence of any Collateral, or the validity, extent, perfection or priority of any Lien therein; the validity, enforceability or collectibility of any Obligations; or the assets, liabilities, financial condition, results of operations, business, creditworthiness or legal status of any Obligor or Account Debtor. No Agent Indemnitee shall have any obligation to any Secured Party Lender to ascertain or inquire into the existence of any Default or Event of Default, the observance or performance by any Obligor of any terms of the Loan Documents, or the satisfaction of any conditions precedent contained in any Loan Documents.
Appears in 1 contract
Samples: Loan Agreement (Superior Essex Inc)
Limitation on Responsibilities of Agents. No Agent shall be liable to any Secured Party for any action taken or omitted to be taken under the Loan Documents, except for losses directly and solely caused by such Agent’s gross negligence or willful misconduct. No Agent assumes any responsibility for any failure or delay in performance or any breach by any Obligor, Lender or other Secured Party of any obligations under the Loan Documents. No Agent makes any express or implied representation, warranty or guarantee to Secured Parties with respect to any Obligations, Collateral, <Liens, >Loan Documents or Obligor. No Agent Indemnitee shall be responsible to Secured Parties for any recitals, statements, information, representations or warranties contained in any Loan Documents or Borrower Materials; the execution, validity, genuineness, effectiveness or enforceability of any Loan Documents; the genuineness, enforceability, collectibilitycollectability, value, sufficiency, location or existence of any Collateral, or the validity, extent, perfection or priority of any Lien therein; the validity, enforceability or collectibility collectability of any Obligations; or the assets, liabilities, financial condition, results of operations, business, creditworthiness or legal status of any Obligor or Account Debtor. No Agent Indemnitee shall have any obligation to any Secured Party to ascertain or inquire into the existence of any Default or Event of Default, the observance by any Obligor of any terms of the Loan Documents, or the satisfaction of any conditions precedent contained in any Loan Documents.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Core Scientific, Inc./Tx)