Limits of Bank’s Liability. (a) Bank will not be liable to Debtor or Secured Party for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from its acts or omissions constituting negligence or intentional misconduct.
Appears in 4 contracts
Samples: Control Agreement, Account Control Agreement, Control Agreement
Limits of Bank’s Liability. (a) Bank will not be liable to Debtor Company or Secured Party Agent for any expense, claim, loss, damage or cost (“"Damages”") arising out of or relating to its performance under this Agreement other than those Damages which result directly from its acts or omissions constituting negligence or intentional misconduct.
Appears in 2 contracts
Samples: Blocked Account Agreement (Osullivan Industries Holdings Inc), Lockbox Account Agreement (Osullivan Industries Holdings Inc)
Limits of Bank’s Liability. (a) Bank will not be liable to Debtor Company, First Lien Lender or Secured Party Second Lien Lender for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from its acts or omissions constituting negligence or intentional misconduct.
Appears in 2 contracts
Samples: B Locked Account Agreement, Account Agreement
Limits of Bank’s Liability. (a) Bank will not be liable to Debtor or Secured Party Company (debtor) for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from its Bank’s acts or omissions constituting gross negligence or intentional willful misconduct.
Appears in 2 contracts
Samples: Deposit Account Control Agreement, Deposit Account Control Agreement
Limits of Bank’s Liability. (a) Bank will not be liable to Debtor Company or Secured Party Lender for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from its acts or omissions constituting gross negligence or intentional misconduct.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Zoe's Kitchen, Inc.)
Limits of Bank’s Liability. (a) Bank will not be liable to Debtor or Secured Party for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from its itsBank’s acts or omissions constituting gross negligence or intentional misconduct.
Appears in 1 contract
Samples: Control Agreement
Limits of Bank’s Liability. (a) Bank will not be liable to Debtor Company, First Lien Lender or Secured Party Second Lien Lender for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from its acts or omissions constituting negligence gross negligence2 or intentional misconduct.
Appears in 1 contract
Samples: Blocked Account Agreement
Limits of Bank’s Liability. (a) Bank will not be liable to Debtor or Secured Party for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from its Bank’s acts or omissions constituting gross negligence or intentional misconduct.
Appears in 1 contract
Samples: Control Agreement
