Common use of No Fiduciary Duties Clause in Contracts

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 42 contracts

Samples: Multicurrency Revolving Facility Agreement (Markit Ltd.), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Facility Agreement (Whirlpool Corp /De/)

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No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 16 contracts

Samples: Credit Facilities Agreement (Gold Fields LTD), Facility Agreement (Avolon Holdings LTD), Facility Agreement (Bunge LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Facility Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Facility Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 12 contracts

Samples: Facility Agreement (Randgold Resources LTD), Squeeze Out Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the The Agent nor the Arranger shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 10 contracts

Samples: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC), Amendment Agreement (Arch Capital Group Ltd.)

No Fiduciary Duties. (a) 20.4.1 Nothing in this Agreement constitutes the Agent or any of the Arranger Mandated Lead Arrangers as a trustee or fiduciary of any other person. (b) 20.4.2 Neither the Agent nor any of the Arranger Mandated Lead Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 9 contracts

Samples: Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Mandated Lead Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger Mandated Lead Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 7 contracts

Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc), Facilities Agreement (Sappi LTD), Credit Facility Agreement (Lafarge)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the an Agent or the a Mandated Lead Arranger as a trustee or fiduciary of any other person. (b) Neither the No Agent nor the any Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 7 contracts

Samples: Multicurrency Revolving Credit Agreement (Abb LTD), Syndicated Revolving Credit Agreement (Ibasis Inc), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

No Fiduciary Duties. (aA) Nothing Except as specifically provided in the Finance Documents, nothing in this Agreement constitutes the an Agent or the a Mandated Lead Arranger as a trustee or fiduciary of any other person. (bB) Neither the No Agent nor the any Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 7 contracts

Samples: Loan Agreement (Kosmos Energy Ltd.), Loan Agreement (Kosmos Energy Ltd.), Facility Agreement (Vaalco Energy Inc /De/)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent, the Security Agent or the and/or any Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Security Agent, any Arranger or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 6 contracts

Samples: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Mandated Lead Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 6 contracts

Samples: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa), Facility Agreement (Sappi LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 5 contracts

Samples: Facility Agreement (NORDIC AMERICAN TANKERS LTD), Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the an Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the any Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 5 contracts

Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)

No Fiduciary Duties. (a) 27.4.1 Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) 27.4.2 Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 5 contracts

Samples: Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or any of the Arranger Mandated Lead Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent nor any of the Arranger Mandated Lead Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Amendment and Restatement Agreement (Norwegian Cruise Line Holdings Ltd.), Amendment and Restatement Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Prestige Cruises International, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Mandated Lead Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent nor the any Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Term Loan Facilities Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Facility Agent, the Security Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Facility Agent, the Security Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent, the Security Agent (except as expressly provided in any Finance Document) or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent, the Security Agent (except as expressly provided in any Finance Document) nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Rockwood Specialties Group Inc), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent (except as expressly provided in any Finance Document) or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent (except as expressly provided in any Finance Document) nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Facility Agreement (Synnex Corp), Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or and/or the Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Revolving Facilities Agreement (Molson Coors Brewing Co), Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger nor the Security Agent shall be bound to account to any Lender Lender, Bilateral Bank or Hedging Banks for any sum or the profit element of any sum received by it for its own account. (c) The Security Agent shall not have or be deemed to have any duty, obligation or responsibility to, or a relationship of trust or agency with any Obligor.

Appears in 4 contracts

Samples: Supplemental Agreement (Innospec Inc.), Facilities Agreement (Octel Corp), Multicurrency Revolving Facility Agreement (Innospec Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or and/or the Arranger Arranger, as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Facilities Agreement (Cemex Sab De Cv), Facilities Agreement (Cemex Sab De Cv), Acquisition Facilities Agreement (Cemex Sab De Cv)

No Fiduciary Duties. (aA) Nothing Except as specifically provided in the Finance Documents, nothing in this Agreement constitutes the Facility Agent or the a Mandated Lead Arranger as a trustee or fiduciary of any other person. (bB) Neither the Facility Agent nor the any Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)

No Fiduciary Duties. (a) 27.4.1 Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) 27.4.2 Neither the Agent Account Bank, the Agent, the Arranger, the Security Trustee nor the Arranger any Swap Bank shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 4 contracts

Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or and/or the Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Security Trustee or the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Genesco Inc), Amendment and Restatement Agreement (Sunrise Senior Living Inc), Amendment and Restatement Agreement (Genesco Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the any Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the any Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 3 contracts

Samples: Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Facility Agreement (Tom Online Inc), Facility Agreement (TOM Group LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the The Agent nor the Arranger shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 3 contracts

Samples: Credit Facilities Agreement (Wanda Sports Group Co LTD), Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the any Mandated Lead Arranger or Bookrunner as a trustee or fiduciary of any other person. (b) Neither None of the Agent, the Security Agent nor the or any Bookrunner or Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own accountaccount or have any obligations to the other Finance Parties beyond those expressly stated in the Finance Documents.

Appears in 3 contracts

Samples: China Eca Facility Framework Agreement (Seadrill Partners LLC), Secured Credit Facility Agreement, Secured Credit Facility Agreement (Seadrill Partners LLC)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the an Agent or the any Mandated Lead Arranger as a trustee or fiduciary of any other person. (b) Neither the No Agent nor the any Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 3 contracts

Samples: Amendment Agreement (BHP Billiton PLC), Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD), Facility and Subscription Agreement (BHP Billiton PLC)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or and/or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger Arrangers or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 3 contracts

Samples: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)

No Fiduciary Duties. (a) Nothing Except as provided in Clause 23.16 (Deduction from amounts payable by the Agent) nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the The Agent nor the Arranger shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Facility Agent or and/or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Facility Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Multipurpose Facilities Agreement (SunOpta Inc.), Multipurpose Facilities Agreement (SunOpta Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Facility Agent or the Mandated Lead Arranger as a trustee or fiduciary of any other person. (b) Neither the Facility Agent nor the Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Amendment Agreement (Coca-Cola HBC AG), Senior Term Facility Agreement (SemGroup Corp)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the any Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent, the Security Agent nor or the Arranger Arrangers shall be bound to account to any Lender or Hedge Counterparty for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Melco Crown Entertainment LTD), Senior Facilities Agreement (Melco Crown Entertainment LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Mandated Lead Arrangers or the Bookrunners as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger Mandated Lead Arrangers nor the Bookrunners shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Senior Facility Agreement (Inmarsat Launch CO LTD), Senior Facility Agreement (Inmarsat Holdings LTD)

No Fiduciary Duties. (a) 27.4.1 Nothing in this Agreement constitutes the Agent or and/or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither 27.4.2 None of the Agent, the Security Agent nor or the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Term Facility Agreement (Enstar Group LTD), Revolving Credit Facility Agreement (Enstar Group LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Security Trustee, the Arranger or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent Agent, or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cascal N.V.), Facility Agreement (Cascal B.V.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the The Agent nor the Arranger shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Senior Secured Post Delivery Term Loan Facility Agreement (Knightsbridge Shipping LTD), Bridge Loan Facility Agreement (SeaDrill LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Arrangers as a trustee or fiduciary of any other personPerson. (b) Neither the Agent nor the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Single Currency Term Facility Agreement (Bristol Myers Squibb Co)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent, the Security Agent (except as expressly provided in any Finance Document) or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent, the Security Agent (except as expressly provided in any Finance Document) nor the Arranger shall be bound to account to any Lender Bank for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Facility Agent or the any Mandated Lead Arranger as a trustee or fiduciary of any other person. (b) Neither the Facility Agent nor the any Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Multicurrency Loan Facility Agreement (Xstrata PLC), Loan Facility Agreement (Falconbridge LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the an Agent or the an Arranger as a trustee or fiduciary of any other person. (b) Neither the an Agent nor the an Arranger shall be bound to account to any Lender Bank for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Loan Agreement (Western Wireless Corp), Loan Agreement (Western Wireless Corp)

No Fiduciary Duties. (a) 27.5.1 Nothing in this Agreement constitutes the Agent Agent, the Technical Bank or the Arranger as a trustee or fiduciary of any other person. (b) 27.5.2 Neither the Agent Agent, the Technical Bank nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Arrangers as a trustee or fiduciary (Treuhänder) of any other person. Neither the Agent nor the Arrangers have any financial or commercial duty of care (Vermögensfürsorgepflicht) for any person. (b) Neither the Agent nor the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Facility Agreement (Linde PLC), Term Loan Facilities Agreement (Linde AG)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other personParty. (b) Neither the The Agent nor the Arranger shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or Agent, the Arranger and/or the Issuing Bank as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Security Agent, the Arranger or the Issuing Bank shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the an Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the an Arranger shall be bound to account to any Lender Bank for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC), Multicurrency Revolving Facility Agreement (Wolseley PLC)

No Fiduciary Duties. (a) 26.4.1 Nothing in this Agreement constitutes the Agent or and/or the Arranger as a trustee or fiduciary of any other person. (b) Neither 26.4.2 None of the Agent, the Security Agent nor or the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 2 contracts

Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent, the Security Agent nor and the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Central European Media Enterprises LTD)

No Fiduciary Duties. (a1) Nothing in this Agreement constitutes the Facility Agent or the Arranger as a trustee or fiduciary of any other person. (b2) Neither the Facility Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Harmony Gold Mining Co LTD)

No Fiduciary Duties. (a) 26.4.1 Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) 26.4.2 Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes either Agent or either Mandated Lead Arranger or the Documentation Agent or the Arranger Structuring Bank as a trustee or fiduciary of any other person. (b) Neither None of the Agents, the Mandated Lead Arrangers, the Documentation Agent nor and the Arranger Structuring Bank shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Covered Export Credit Agreement (Hughes Network Systems, LLC)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent, the Arranger, the Issuing Bank, a Swingline Agent or the Arranger a Swingline Lender as a trustee or fiduciary of any other person. (b) Neither None of the Agent, the Arranger, the Issuing Bank, a Swingline Agent nor the Arranger or a Swingline Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (WABCO Holdings Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person.; (b) Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Inveresk Research Group Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Facility Agent or and/or the Arranger Documentation Agent, as a trustee or fiduciary of any other person. (b) Neither the Facility Agent nor the Arranger Documentation Agent shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sab De Cv)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent Agent, the Arranger or the Arranger Security Trustee as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger or the Security Trustee shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Sesa Sterlite LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or Agent, the Mandated Lead Arranger and/or the Issuing Bank as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agents, the Arranger Security Agent, the Mandated Lead Arranger, the Issuing Bank or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Term and Revolving Facilities Agreement (International Textile Group Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other personPerson. (b) Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the any Mandated Lead Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the any Mandated Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Lillian Acquisition, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Joint Lead Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger Joint Lead Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Avolon Holdings LTD)

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No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or Agent, the Arranger Arrangers and/or the Issuing Bank as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger Arrangers or the Issuing Bank shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Senior Facilities Agreement (Anheuser-Busch InBev S.A.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the any Agent or the Arranger as a trustee or fiduciary of any other personperson other than as specifically contemplated by the Finance Documents. (b) Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Atmel Corp)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Mandated Lead Arrangers as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor the Arranger and Mandated Lead Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facilities Agreement (International Game Technology PLC)

No Fiduciary Duties. (a) 28.4.1 Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) 28.4.2 Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Ivanhoe Energy Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent Agent, the Security Trustee or the Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Security Trustee or the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Second Supplemental Facility Agreement (Paradigm Ltd.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent Agents or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent Agents nor the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Second Lien Facility Agreement (Geologistics Corp)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent Agent, the Arrangers or the Arranger Issuing Bank as a trustee or fiduciary of any other person. (b) Neither the Agent Agent, the Arrangers nor the Arranger Issuing Bank shall be bound to account to any Lender Bank for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Multicurrency Revolving Credit and Guarantee Facility Agreement (Subsea 7 S.A.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Security Trustee as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor or the Arranger Security Trustee shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Sesa Sterlite LTD)

No Fiduciary Duties. (a) Nothing Except as provided in Clause 26.16 (Deduction from amounts payable by the Agent) nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the The Agent nor the Arranger shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Facility Agent or and/or the Arranger as a trustee or fiduciary of any other person. (b) Neither the The Facility Agent nor the Arranger shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Yell Finance Bv)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent, the Security Agent or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Central European Media Enterprises LTD)

No Fiduciary Duties. (a) 33.4.1 Nothing in this Agreement constitutes the any Agent or the Arranger as a trustee or fiduciary of any other person. (b) 33.4.2 Neither the an Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facilities Agreement (Shire Pharmaceuticals Group PLC)

No Fiduciary Duties. (a) Nothing in this Agreement agreement constitutes the Agent or the any Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the any Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (Reuters Group PLC /Adr/)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the a Joint Lead Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the any Joint Lead Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Subscription Agreement (WMC Resources Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent, the Security Agent or and/or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor or the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Term Facility Agreement (Enstar Group LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent Agent, or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent Agent, nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Solutia Inc)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or and/or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger Security Trustee, the Arrangers or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Senior Facilities Agreement (Luxfer Holdings PLC)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Facility Agent or the any Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Facility Agent nor or the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Senior Facilities Agreement (Nordic Telephone CO ApS)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Videocon D2h LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent Agent, the Arranger or the Arranger Issuing Bank as a trustee or fiduciary of any other person. (b) Neither the Agent Agent, the Arranger nor the Arranger Issuing Bank shall be bound to account to any Lender Bank for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Multicurrency Guarantee Facility Agreement (Acergy S.A.)

No Fiduciary Duties. (a) Nothing in this Agreement agreement constitutes the Facility Agent or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither None of the Facility Agent nor the Arranger Arrangers or the Security Agent shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the The Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Super Senior Revolving Facility Agreement (Eagle Bulk Shipping Inc.)

No Fiduciary Duties. (a) 26.4.1 Nothing in this Agreement constitutes the either Agent or the Arranger or (save as expressly stated in the Intercreditor Deed) the Security Trustee as a trustee or fiduciary of any other person. (b) 26.4.2 Neither of the Agent Agents nor the Arranger nor the Security Trustee shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facilities Agreement (Hungarian Telephone & Cable Corp)

No Fiduciary Duties. (a) Nothing Except as expressly provided for herein, nothing in this Agreement constitutes the Facility Agent or the any Arranger as a trustee or fiduciary of any other person. (b) Neither The Facility Agent and the Agent nor the Arranger Arrangers shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Syndicated Facility Agreement (Aleris Corp)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger or the Security Trustee shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Term Facility Agreement (Tongjitang Chinese Medicines Co)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger (except as expressly provided in any Finance Document) as a trustee or fiduciary of any other person. (b) Neither the The Agent nor the Arranger (except as expressly provided in any Finance Document) shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Misys PLC)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the any Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent Agent, the Security Trustee, the Account Bank nor the any Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Melco PBL Entertainment (Macau) LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or Agent, the Arranger and/or the Issuing Bank as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger Arranger, the Issuing Bank or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Revolving Facilities Agreement (Molson Coors Brewing Co)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither the Agent Agent, the Security Trustee nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Golden Star Resources LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Secured Facilities Agreement (Grohe Holding GMBH)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or Agent, the Arranger Arrangers and/or any Issuing Bank as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger Security Agent, the Arrangers, any Issuing Bank or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Super Senior Revolving Credit Facilities Agreement (Atento S.A.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the an Agent or the and/or an Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agents or the Arranger Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Senior Facility Agreement (Spansion Inc.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor or the Arranger Security Agent shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Senior Term Facilities Agreement (NeoGames S.A.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or Agent, the Arranger and/or the Issuing Bank as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger Security Agent, the Arranger, the Issuing Bank or any Ancillary Lender shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Super Senior Revolving Facility Agreement (Orion Engineered Carbons S.a r.l.)

No Fiduciary Duties. (a) 29.4.1 Nothing in this Agreement constitutes the Agent or the Arranger as a trustee or fiduciary of any other person. (b) 29.4.2 Neither the Agent nor the Arranger shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or and/or the Arranger Mandated Lead Arrangers as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor or the Arranger Mandated Lead Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Enstar Group LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent Agent, the Arranger or the Arranger Co-ordinator as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger nor the Co-ordinator shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Multicurrency Revolving Facilities Agreement (Gallaher Group PLC)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or the Arranger Lead Arrangers as a trustee or fiduciary of any other person. (b) Neither the Agent nor the Arranger Lead Arrangers shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Term Facility Agreement (Sterlite Industries (India) LTD)

No Fiduciary Duties. (a) Nothing in this Agreement constitutes the Agent or and/or the Arranger as a trustee or fiduciary of any other person. (b) Neither None of the Agent nor Agent, the Arranger Security Trustee or the Arranger, shall be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.

Appears in 1 contract

Samples: Facility Agreement (Cascal N.V.)

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