Nature of Duties of Agent. Agent shall have no duties or responsibilities except those expressly set forth in this Agreement and the other Transaction 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 as determined by a court of competent jurisdiction pursuant to a final, non-appealable order. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the other Transaction Documents a fiduciary relationship in respect of any Investor; and nothing in this Agreement or the other Transaction 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 Transaction Documents except as expressly set forth herein or therein.
Appears in 2 contracts
Samples: Note Purchase Agreement (Intellinetics, Inc.), Note Purchase Agreement (Bridgeline Digital, Inc.)
Nature of Duties of Agent. The Agent shall have no duties or responsibilities except those expressly set forth in this Agreement and the other Transaction 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 own gross negligence or willful wilful misconduct as determined evidenced by a final judgment of a court of competent jurisdiction pursuant to a final, non-appealable orderjurisdiction. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or the any other Transaction Documents Loan Document a fiduciary relationship in respect of any InvestorLender; and nothing in this Agreement or the any other Transaction DocumentsLoan 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 any other Transaction Documents Loan Document except as expressly set forth herein or therein.
Appears in 2 contracts
Samples: Credit Agreement (Doral Financial Corp), Credit Agreement (Doral Financial Corp)
Nature of Duties of Agent. Agent shall have no duties or responsibilities except those expressly set forth in this Agreement and the other Transaction 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 as determined by a court of competent jurisdiction pursuant to a final, non-appealable order. The duties of Agent shall be mechanical and administrative in nature; Agent shall not have by reason of this Agreement or the other Transaction Documents a fiduciary relationship in respect of any InvestorBuyer; and nothing in this Agreement or the other Transaction 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 Transaction Documents except as expressly set forth herein or therein.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pegasi Energy Resources Corporation.)