Nature of Duties of Agent. Agent shall not have duties, obligations or responsibilities except those expressly set forth in this Agreement and the Other Agreements. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreements, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements except as expressly set forth herein.
Appears in 14 contracts
Samples: Loan and Security Agreement (Amcon Distributing Co), Loan and Security Agreement (Amcon Distributing Co), Loan and Security Agreement (Apac Customer Service Inc)
Nature of Duties of Agent. Agent shall not have no duties, obligations or responsibilities except those expressly set forth in this Agreement and the Other Agreementsother Loan Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements other Loan Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreementsother Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements other Loan Documents except as expressly set forth herein.
Appears in 3 contracts
Samples: Debtor in Possession Loan Agreement (Ener1 Inc), Restructuring Agreement (Ener1 Inc), Loan Agreement (Ener1 Inc)
Nature of Duties of Agent. Agent shall not have duties, obligations or responsibilities except those expressly set forth in this Agreement and the Other AgreementsLoan Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; . Agent shall not have by reason of this Agreement or the Other Agreements Loan Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other AgreementsLoan Documents, expressed or implied, is intended to or shall be so construed as to impose upon Agent Agent, any obligations in respect of this Agreement or the Other Agreements Loan Documents except as expressly set forth herein.
Appears in 2 contracts
Samples: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/)
Nature of Duties of Agent. The Agent shall not have duties, obligations no duties ------------------------- or responsibilities except those expressly set forth in this Agreement and the Other Agreementsother Credit Documents. Neither None of the Agent nor any of its respective officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical ministerial and administrative in nature; the Agent shall not have by reason of this Agreement or the Other Agreements a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other AgreementsAgreement, expressed express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or the Other Agreements other Credit Documents except as expressly set forth herein.
Appears in 2 contracts
Samples: Credit Agreement (Morrison Restaurants Inc/), Credit Agreement (Krystal Company)
Nature of Duties of Agent. The Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other Agreementsother Loan Documents. Neither the Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or thereunder or in connection herewithherewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or the Other Agreements any other Loan Document a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreementsany other Loan Document, expressed express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or the Other Agreements any other Loan Document except as expressly set forth hereinherein or therein.
Appears in 2 contracts
Samples: Credit Agreement (Doral Financial Corp), Credit Agreement (First Financial Caribbean Corp)
Nature of Duties of Agent. Agent shall not have duties, obligations or responsibilities except those expressly set forth in this Agreement and the Other AgreementsLoan Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements Loan Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other AgreementsLoan Documents, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements Loan Documents except as expressly set forth herein.
Appears in 2 contracts
Samples: Loan and Security Agreement (NXT-Id, Inc.), Credit Agreement (Surmodics Inc)
Nature of Duties of Agent. Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other other Financing Agreements. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their own gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other other Financing Agreements a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other other Financing Agreements, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other other Financing Agreements except as expressly set forth hereinherein or therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Webco Industries Inc)
Nature of Duties of Agent. Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other AgreementsLoan Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements Loan Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other AgreementsLoan Documents, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements Loan Documents except as expressly set forth hereinherein or therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Roxio Inc), Revolving Credit Agreement (National Technical Systems Inc /Ca/)
Nature of Duties of Agent. Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other Agreementsother Loan Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or thereunder or in connection herewithherewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements any other Loan Document a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreementsany other Loan Document, expressed express or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements any other Loan Document except as expressly set forth hereinherein or therein.
Appears in 1 contract
Samples: Mortgage Warehouse Loan and Security Agreement (Premier Bancshares Inc /Ga)
Nature of Duties of Agent. Administrative Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other AgreementsLoan Documents. Neither Administrative Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Administrative Agent shall be mechanical and administrative in nature; Administrative Agent shall not have by reason of this Agreement or the Other Agreements Loan Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other AgreementsLoan Documents, expressed or implied, is intended to or shall be so construed as to impose upon Administrative Agent any obligations in respect of this Agreement or the Other Agreements Loan Documents except as expressly set forth hereinherein or therein.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Motorcar Parts America Inc)
Nature of Duties of Agent. The Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other Agreementsother Credit Documents. Neither None of the Agent nor any of its respective officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical ministerial and administrative in nature; the Agent shall not have by reason of this Agreement or the Other Agreements a fiduciary relationship in respect of any LenderLender or the Issuing Bank; and nothing in this Agreement or the Other AgreementsAgreement, expressed express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or the Other Agreements other Credit Documents except as expressly set forth herein.
Appears in 1 contract
Nature of Duties of Agent. Agent shall not have no duties, obligations or responsibilities except those expressly set forth in this Agreement and the Other Agreements. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreements, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements except as expressly set forth hereinherein or therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Poindexter J B & Co Inc)
Nature of Duties of Agent. Agent shall not have duties, obligations or responsibilities except those expressly set forth in this Agreement and the Other Financing Agreements. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Financing Agreements a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Financing Agreements, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Financing Agreements except as expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Multiband Corp)
Nature of Duties of Agent. Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other Agreementsother Related Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their own gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements other Related Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreementsother Related Documents, expressed or implied, is intended to or shall be 96 so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements other Related Documents except as expressly set forth hereinherein or therein.
Appears in 1 contract
Samples: Secured Credit Agreement (Gibraltar Packaging Group Inc)
Nature of Duties of Agent. Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other AgreementsLoan Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconductmisconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements Loan Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other AgreementsLoan Documents, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements Loan Documents except as expressly set forth hereinherein or therein.
Appears in 1 contract
Samples: Revolving Credit Agreement (National Technical Systems Inc /Ca/)
Nature of Duties of Agent. Agent shall not have no duties, obligations or responsibilities orresponsibilities except those expressly set forth in this Agreement and the Other Agreementsother Loan Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements other Loan Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreementsother Loan Documents, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements other Loan Documents except as expressly set forth herein.
Appears in 1 contract
Samples: Loan and Security Agreement (Teletouch Communications Inc)
Nature of Duties of Agent. Agent shall not have no duties, obligations or responsibilities except those expressly set forth in this Agreement and the Other Agreements. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreements, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements except as expressly set forth herein.
Appears in 1 contract
Nature of Duties of Agent. Agent shall not have duties, obligations no duties or responsibilities except those expressly set forth in this Agreement and the Other Agreementsother Related Documents. Neither Agent nor any of its officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their own gross negligence or willful misconduct. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the Other Agreements other Related Documents a fiduciary relationship in respect of any Lender; and nothing in this Agreement or the Other Agreementsother Related Documents, expressed or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Agreement or the Other Agreements other Related Documents except as expressly set forth hereinherein or therein.
Appears in 1 contract
