Protection of Agents. Notwithstanding anything to the contrary expressed or implied herein, each of the Agents shall not: (a) be bound to enquire as to: (i) whether any representation made by a Borrower, a Guarantor or any of their Subsidiaries in or in connection with this Agreement, the Security or any document incidental thereto is true; (ii) the occurrence or otherwise of any Event of Default; (iii) the performance by a Borrower, a Guarantor or any of their Subsidiaries of its obligations under any of this Agreement, the Security or any document incidental thereto; (iv) any breach of or default by a Borrower, a Guarantor or any of their Subsidiaries of or under its obligations under this Agreement, the Security or any document incidental thereto; or (v) the use or application by a Borrower of any of the proceeds of the Facilities; (b) be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account; (c) be bound to disclose to any Person any information relating to a Borrower or a Guarantor if such disclosure would or might in its opinion constitute a breach of any law or regulation or be otherwise actionable at the suit of any Person; or (d) accept any responsibility for the accuracy and/or completeness of any information supplied in connection herewith or for the legality, validity, effectiveness, adequacy or enforceability of this Agreement, any Bankers’ Acceptance or any document incidental hereto or thereto and no Agent shall be under any liability to any Lender as a result of taking or omitting to take any action in relation to this Agreement, any Bankers’ Acceptance, the Security or any document incidental hereto or thereto save in the case of gross negligence or wilful misconduct, and each of the Lenders agrees that it will not assert or seek to assert against any director, officer, employee or agent of any Agent any claim it might have against any of them in respect of the matters referred to in this Section 13.4.
Appears in 3 contracts
Samples: Credit Agreement (Firstservice Corp), Credit Agreement (Firstservice Corp), Credit Agreement (Firstservice Corp)
Protection of Agents. Notwithstanding anything to the contrary expressed or implied herein, each of the Agents shall not:
(a) be bound to enquire as to:
(i) whether any representation made by a Borrower, a Guarantor or any of their Subsidiaries in or in connection with this Agreement, the Security or any document incidental thereto is true;
(ii) the occurrence or otherwise of any Event of Default;
(iii) the performance by a Borrower, a Guarantor or any of their Subsidiaries of its obligations under any of this Agreement, the Security or any document incidental thereto;
(iv) any breach of or default by a Borrower, a Guarantor or any of their Subsidiaries of or under its obligations under this Agreement, the Security or any document incidental thereto; or
(v) the use or application by a Borrower of any of the proceeds of the Facilities;
(b) be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any Person any information relating to a Borrower or a Guarantor if such disclosure would or might in its opinion constitute a breach of any law or regulation or be otherwise actionable at the suit of any Person; or
(d) accept any responsibility for the accuracy and/or completeness of any information supplied in connection herewith or for the legality, validity, effectiveness, adequacy or enforceability of this Agreement, any Bankers’ ' Acceptance or any document incidental hereto or thereto and no Agent shall be under any liability to any Lender as a result of taking or omitting to take any action in relation to this Agreement, any Bankers’ ' Acceptance, the Security or any document incidental hereto or thereto save in the case of gross negligence or wilful misconduct, and each of the Lenders agrees that it will not assert or seek to assert against any director, officer, employee or agent of any Agent any claim it might have against any of them in respect of the matters referred to in this Section 13.4.
Appears in 1 contract
Samples: Credit Agreement (Firstservice Corp)
Protection of Agents. Notwithstanding anything to the contrary expressed or implied herein, each of the Agents shall not:
(a) be bound to enquire as to:
(i) whether any representation made by a Borrower, a Guarantor or any of their Subsidiaries in or in connection with this Agreement, the Security any other Loan Document or any document incidental thereto is true;
(ii) the occurrence or otherwise of any Event of Default;
(iii) the performance by a Borrower, a Guarantor or any of their Subsidiaries of its obligations under any of this Agreement, the Security any other Loan Document or any document incidental thereto;
(iv) any breach of or default by a Borrower, a Guarantor or any of their Subsidiaries of or under its obligations under this Agreement, the Security any other Loan Document or any document incidental thereto; or
(v) the use or application by a Borrower of any of the proceeds of the Facilities;
(b) be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any Person any information relating to a Borrower or a Guarantor if such disclosure would or might in its opinion constitute a breach of any law or regulation or be otherwise actionable at the suit of any Person; or
(d) accept any responsibility for the accuracy and/or completeness of any information supplied in connection herewith or for the legality, validity, effectiveness, adequacy or enforceability of this Agreement, any Bankers’ Acceptance Acceptance, any Loan Document or any document incidental hereto or thereto and no Agent shall be under any liability to any Lender as a result of taking or omitting to take any action in relation to this Agreement, any Bankers’ Acceptance, the Security any Loan Document or any document incidental hereto or thereto save in the case of gross negligence or wilful misconduct, and each of the Lenders agrees that it will not assert or seek to assert against any director, officer, employee or agent of any Agent any claim it might have against any of them in respect of the matters referred to in this Section 13.4.
Appears in 1 contract
Samples: Credit Agreement (FirstService Corp)
Protection of Agents. LEAD ARRANGER, CO-ARRANGERS AND MANAGERS Notwithstanding anything to the contrary expressed or implied herein, each of the Agents Agents, the Lead Arranger, the Co-Arrangers and the Managers shall not:
(a) be bound to enquire as to:
(i) whether any representation made by a Borrower, a Guarantor or any of their Subsidiaries in or in connection with this Agreement, the Security or any document incidental thereto is true;
(ii) the occurrence or otherwise of any Event of Default;
(iii) the performance by a Borrower, a Guarantor or any of their Subsidiaries of its obligations under any of this Agreement, the Security or any document incidental thereto;
(iv) any breach of or default by a Borrower, a Guarantor or any of their Subsidiaries of or under its obligations under this Agreement, the Security or any document incidental thereto; or
(v) the use or application by a Borrower of any of the proceeds of the Facilities;
(b) be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any Person any information relating to a Borrower or a Guarantor if such disclosure would or might in its opinion constitute a breach of any law or regulation or be otherwise actionable at the suit of any Person; or
(d) accept any responsibility for the accuracy and/or completeness of any information supplied in connection herewith or for the legality, validity, effectiveness, adequacy or enforceability of this Agreement, any Bankers’ ' Acceptance or any document incidental hereto or thereto and no Agent shall be under any liability to any Lender as a result of taking or omitting to take any action in relation to this Agreement, any Bankers’ ' Acceptance, the Security or any document incidental hereto or thereto save in the case of gross negligence or wilful misconduct, and each of the Lenders agrees that it will not assert or seek to assert against any director, officer, employee or agent of any Agent or the Lead Arranger, any Co- Arranger or any Manager any claim it might have against any of them in respect of the matters referred to in this Section 13.4.
Appears in 1 contract
Samples: Credit Agreement (Firstservice Corp)
Protection of Agents. Notwithstanding anything to the contrary expressed or implied herein, each none of the Agents shall notshall:
(a) be bound to enquire as to:
(i) whether any representation made by a Borrower, a Guarantor ADM or any of their Subsidiaries ADC in or in connection with this Agreement, the Security Agreement or any document incidental thereto hereto is true;
(ii) the occurrence or otherwise of any a Default or Event of Default;
(iii) the performance by a Borrower, a Guarantor ADM or any of their Subsidiaries ADC of its obligations under any of this Agreement, the Security Agreement or any document incidental theretohereto;
(iv) any breach of or default by a Borrower, a Guarantor ADM or any of their Subsidiaries ADC of or under its obligations under this Agreement, the Security Agreement or any document incidental theretohereto; or
(v) the use or application by a Borrower of any of the proceeds of the FacilitiesTerm Facility or Revolving Credit Facility, as the case may be;
(b) be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any Person any information relating to a Borrower ADM or a Guarantor ADC if such disclosure would or might in its opinion constitute a breach of any law or regulation or be otherwise actionable at the suit of any Personregulation; or
(d) accept any responsibility for the accuracy and/or completeness of any information supplied in connection herewith or for the legality, validity, effectiveness, adequacy or enforceability of this Agreement, any Bankers’ Acceptance Loan Document or any document incidental hereto or thereto and no Agent shall be under any liability to any Lender as a result of taking or omitting to take any action in relation to this the Agreement, any Bankers’ Acceptance, the Security Loan Document or any document incidental hereto or thereto save in the case of gross negligence or wilful misconduct, and each of the Lenders agrees that it will not assert or seek to assert against any director, officer, employee or agent of any Agent of the Agents any claim it might have against any of them in respect of the matters referred to in this Section 13.415.6.
Appears in 1 contract
Samples: Credit Agreement (Aber Diamond Corp)