No Liability of Agent. The Agent shall have no responsibility or liability to the Borrower on account of the failure of any Lender to perform its obligations hereunder (unless such failure was caused, in whole or in part, by the Agent’s failure to observe or perform its obligations hereunder), or to any Lender on account of the failure of the Borrower or any Lender to perform its obligations hereunder.
No Liability of Agent. The Agent, in its capacity as agent of the Lenders under the Credit Facility, will have no responsibility or liability to the Borrower or the Lenders on account of the failure of any Lender to perform its obligations hereunder, or to any Lender on account of the failure of the Borrower to perform its obligations under the Documents.
No Liability of Agent. None of the Security Trustee, the Agent nor any of their respective employees and agents shall:
No Liability of Agent. After the occurrence and during the continuance of an Event of Default, the Agent is fully authorized to receive and receipt for said revenues and proceeds; to endorse and cash any and all checks and drafts payable to the order of Assignor or the Agent for the account of Assignor received from or in connection with said revenues or proceeds and apply the proceeds thereof to the payment of the Secured Obligations, when received, regardless of the maturity of any of the Loans or the Hedge Obligations, or any installment thereof; and to execute transfer and division orders in the name of Assignor, or otherwise, with warranties binding Assignor. The Agent shall not be liable for any delay, neglect, or failure to effect collection of any proceeds or to take any other action in connection therewith or hereunder; but shall have the right, at its election, in the name of Assignor or otherwise, to prosecute and defend any and all actions or legal proceedings deemed advisable by the Agent in order to collect such funds and to protect the interests of the Agent and/or Assignor, with all costs, expenses and attorney’s fees incurred in connection therewith being paid by Assignor.
No Liability of Agent. Agent shall not be liable for any acts, omissions, errors of fact or law, with respect to the Collateral, its handling, disposition, sale, etc. except for willful misconduct or gross negligence. Pledgor shall indemnify Agent and hold it harmless against any and all claims arising therefrom, and/or from any person or entity claiming any interest, legal or equitable in the Collateral or any part thereof, etc.
No Liability of Agent. The Agent is fully authorized to receive and --------------------- receipt for said revenues and proceeds; to endorse and cash any and all checks and drafts payable to the order of Assignor or the Agent for the account of Assignor received from or in connection with said revenues or proceeds and apply the proceeds thereof to the payment of the Obligations, when received, regardless of the maturity of any of the Loans, or any installment thereof; and to execute transfer and division orders in the name of Assignor, or otherwise, with warranties binding Assignor. The Agent shall not be liable for any delay, neglect, or failure to effect collection of any proceeds or to take any other action in connection therewith or hereunder; but shall have the right, at its election, in the name of Assignor or otherwise, to prosecute and defend any and all actions or legal proceedings deemed advisable by the Agent in order to collect such funds and to protect the interests of the Agent and/or Assignor, with all costs, expenses and attorney's fees incurred in connection therewith being paid by Assignor.
No Liability of Agent. The Parties acknowledge and agree that nor Thor Capital Group neither Xxxxx Xxxxxx, or any other officer, director or employee of Thor Capital Group, shall have any responsibility or liability arising under or relating to this Agreement, other than their role as Escrow Agent.
No Liability of Agent. Whether or not Agent or Lenders elect to employ any or all of the remedies pursuant to the Loan Documents or otherwise available at law or equity upon the occurrence of a Default or an Event of Default, neither Agent nor any Lender shall be liable with respect to any rights or obligations of any Borrower Party or its Affiliates, shareholders, partners, members, officers, directors or employees, including the rights and obligations of any Borrower Party in and to any Leases or to protect the Properties or for payment of any expense incurred in connection with the exercise of any remedy available to Agent or Lenders or for the performance or non-performance of any other obligation of any Borrower Party.
No Liability of Agent. Agent shall not be liable for any acts, omissions, errors of fact or law, with respect to the Collateral and/or Additional Collateral, or any parts thereof, their handling, disposition, sale, etc. except for willful misconduct or gross negligence. Pledgor shall indemnify Agent and hold it harmless against any and all claims arising therefrom, and/or from any person or entity claiming any interest, legal or equitable in the Collateral and/or Additional Collateral or any part thereof, etc. This Agreement may be signed in counterparts, each being considered one and the same original. All other terms and conditions of the Pledge Agreement and Pledge Modification Agreement are incorporated herein to the extent not modified.
No Liability of Agent. It is understood and agreed that neither this Mortgage nor the exercise by Agent of any of its rights or remedies under this Mortgage shall be deemed to make Agent a “mortgagee-in-possession” or otherwise responsible or liable in any manner with respect to the leases or rents or the use, occupancy, enjoyment or any portion of the Collateral, unless and until Agent, in person or by agent, assumes actual possession thereof; provided, however, no appointment of a receiver for the Collateral by any court at the request of Agent or by agreement with Xxxxxxxxx, or the entering into possession of any part of the Collateral by such receiver, shall be deemed to make Agent a “mortgagee-in-possession” or otherwise responsible or liable in any manner with respect to the Collateral or the use, occupancy, enjoyment or operation of all or any portion thereof.
