Common use of No Duty Clause in Contracts

No Duty. Notwithstanding anything to the contrary herein contained, it is expressly understood and agreed that neither Administrative Agent, the Letter of Credit Issuer, nor any Secured Party undertakes any duties, responsibilities, or liabilities with respect to Capital Calls, and other than with respect to the mechanics for Administrative Agent, subject to Section 11.03, to issue a Capital Call under the terms of the Operating Agreement, none of them shall be required to refer to the Constituent Documents of Borrower or take any other action with respect to any other matter which might arise in connection with such Constituent Documents or the Subscription Agreements, or any Capital Call. None of them shall have any duty to determine or inquire into any happening or occurrence or any performance or failure of performance of Borrower, or any Investor. None of them has any duty to inquire into the use, purpose, or reasons for the making of any Capital Call or with respect to the investment or the use of the proceeds thereof.

Appears in 12 contracts

Samples: Revolving Credit Agreement (TCW Direct Lending VII LLC), Revolving Credit Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending VII LLC)

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No Duty. Notwithstanding anything to the contrary herein contained, it is expressly understood and agreed that neither the Administrative Agent, the Letter of Credit Issuer, Agent nor any other Secured Party undertakes any duties, responsibilities, or liabilities with respect to the Capital Calls, and other than with respect to Calls issued by the mechanics for Administrative Agent, subject to Section 11.03, to issue a Capital Call under the terms of the Operating Agreement, none Borrowers. None of them shall be required to refer to the Constituent Documents of Borrower any Borrower, or a Subscription Agreement or any Side Letter, or take any other action with respect to any other matter which that might arise in connection with such the Constituent Documents or the of any Borrower, a Subscription AgreementsAgreement, a Side Letter or any Capital Call. None of them shall have any duty to determine or inquire into any happening or occurrence or any performance or failure of performance of Borrower, any Borrower or any Investorof the Investors. None of them has shall have any duty to inquire into the use, purpose, or reasons for the making of any Capital Call or with respect to the investment by any Borrower or the Investment or use of the proceeds thereof.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Barings Capital Investment Corp), Revolving Credit Agreement (AB Private Credit Investors Corp), Revolving Credit Agreement (Barings Capital Investment Corp)

No Duty. Notwithstanding anything to the contrary herein contained, it is expressly understood and agreed that neither none of the Administrative Agent, the Letter of Credit Issuer, nor Issuer or any other Secured Party undertakes any duties, responsibilities, or liabilities with respect to the Capital Calls, and other than with respect to the mechanics for Administrative Agent, subject to Section 11.03, to issue a Capital Call under the terms of the Operating Agreement, none Calls issued by any Borrower. None of them shall be required to refer to the Constituent Documents of Borrower any Borrower, or a Subscription Agreement or any Side Letter, or take any other action with respect to any other matter which that might arise in connection with such the Constituent Documents or the of any Borrower, a Subscription AgreementsAgreement, a Side Letter or any Capital Call. None of them shall have any duty to determine or inquire into any happening or occurrence or any performance or failure of performance of Borrower, any Borrower or any Investorof the Investors. None of them has shall have any duty to inquire into the use, purpose, or reasons for the making of any Capital Call or with respect to the investment by any Borrower or the Investment or use of the proceeds thereof.

Appears in 5 contracts

Samples: Revolving Credit Agreement (MSD Investment Corp.), Revolving Credit Agreement (MSD Investment Corp.), Revolving Credit Agreement (TCG BDC II, Inc.)

No Duty. Notwithstanding anything to the contrary herein contained, it is expressly understood and agreed that neither Administrative Agent, the Letter of Credit Issuer, nor any Secured Party Lender undertakes any duties, responsibilities, or liabilities with respect to Capital Calls, and other than except to maintain the confidentiality thereof in accordance with respect to the mechanics for Administrative Agentthis Credit Agreement (including, subject to without limitation, Section 11.03, to issue a Capital Call under the terms of the Operating Agreement, none 13.17). None of them shall be required to refer to the Constituent Documents of any Fund Borrower or take any other action with respect to any other matter which might arise in connection with such Constituent Documents or the Subscription Agreements, or any Capital Call. None of them shall have any duty to determine or inquire into any happening or occurrence or any performance or failure of performance of Borrower, any Fund Borrower or any Investor. None of them has any duty to inquire into the use, purpose, or reasons for the making of any Capital Call or with respect to the investment or the use of the proceeds thereof.

Appears in 4 contracts

Samples: Revolving Credit Agreement (AGTB Private BDC), Revolving Credit Agreement (Carlyle Secured Lending III), Revolving Credit Agreement (Franklin BSP Capital Corp)

No Duty. Notwithstanding anything to the contrary herein contained, it is expressly understood and agreed that neither Administrative Agent, the Letter of Credit Issuer, Agent nor any Secured Party undertakes any duties, responsibilities, or liabilities with respect to Capital Calls, and other than with respect to the mechanics for Administrative Agent, subject to Section 11.03, to issue a Capital Call under the terms of the Operating Agreement, none of them shall be required to refer to the Constituent Documents of Borrower or take any other action with respect to any other matter which might arise in connection with such Constituent Documents or the Subscription Agreements, or any Capital Call. None of them shall have any duty to determine or inquire into any happening or occurrence or any performance or failure of performance of Borrower, or any Investor. None of them has any duty to inquire into the use, purpose, or reasons for the making of any Capital Call or with respect to the investment or the use of the proceeds thereof.

Appears in 2 contracts

Samples: Revolving Credit Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending LLC)

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No Duty. Notwithstanding anything to the contrary herein contained, it is expressly understood and agreed that neither Administrative Agent, the Letter of Credit Issuer, nor any no Secured Party (i) undertakes any duties, responsibilities, or liabilities with respect to the Investor Capital CallsCalls issued by the Primary Borrower, and other than with respect to the mechanics for Administrative Agent, subject to Section 11.03, to issue a Capital Call under the terms of the Operating Agreement, none of them (ii) shall be required (except in connection with a Secured Party making Investor Capital Calls) to refer to the Constituent Documents of Borrower any Borrower, or a Subscription Agreement, or take any other action with respect to any other matter which that might arise in connection with such the Constituent Documents or the of any Borrower, a Subscription AgreementsAgreement, or any Investor Capital Call. None of them , (iii) shall have any duty to determine or inquire into any happening or occurrence or any performance or failure of performance of Borrower, any Borrower or any Investor. None of them has the Investors, and (iv) shall have any duty to inquire into the use, purpose, or reasons for the making of any Investor Capital Call by the Primary Borrower or with respect to the investment or the use of the proceeds thereof.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp.), Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit LLC)

No Duty. Notwithstanding anything to the contrary herein containedcontained (but subject to the last sentence of Section 5.01), it is expressly understood and agreed that neither the Administrative Agent, the Letter of Credit Issuer, nor any Secured Party Lender undertakes any duties, responsibilities, or liabilities with respect to Capital Calls, and other than with respect to the mechanics for Administrative Agent, subject to Section 11.03, to issue a Capital Call under the terms of the Operating Agreement, none . None of them shall be required to refer to the Constituent Documents Documents, Subscription Agreements or Side Letters of the Borrower or the Feeder Fund or take any other action with respect to any other matter which might arise in connection with such Constituent Documents or Documents, the Subscription AgreementsAgreements or any Side Letter, or any Capital Call. None of them shall have any duty to determine or inquire into any happening or occurrence or any performance or failure of performance of the Borrower, the Feeder Fund or any Investor. None of them has any duty to inquire into the use, purpose, or reasons for the making of any Capital Call or with respect to the investment or the use of the proceeds thereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)

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