Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement are only those expressly set forth in this Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, of such fact, or has been notified by a Bank in writing that such Bank considers that a Default or an Event of Default has occurred and is continuing, and such Bank shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdiction. The Administrative Agent shall provide each Bank with copies of such documents received from the Borrower as such Bank may reasonably request.
Appears in 9 contracts
Samples: Loan Agreement (Metrocall Inc), Loan Agreement (Metrocall Inc), Loan Agreement (Rural Cellular Corp)
Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement are only those expressly set forth in this Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, of such fact, or has been notified by a Bank Lender in writing that such Bank Lender considers that a Default or an Event of Default has occurred and is continuing, and such Bank Lender shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdiction. The Administrative Agent shall provide each Bank Lender with copies of such documents received from the Borrower as such Bank Lender may reasonably request.
Appears in 6 contracts
Samples: Loan Agreement (Rural Cellular Corp), Loan Agreement (Metrocall Inc), Loan Agreement (Rural Cellular Corp)
Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement and the Security Documents are only those expressly set forth in this AgreementAgreement and the Security Documents. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, of such fact, or has been notified by a Bank Lender in writing that such Bank Lender considers that a Default or an Event of Default has occurred and is continuing, and such Bank Lender shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdictionmisconduct. The Administrative Agent shall provide promptly each Bank Lender with copies of such documents received from the Borrower as such Bank Lender may reasonably request.
Appears in 4 contracts
Samples: Loan Agreement (Western Wireless Corp), Loan Agreement (Cellnet Data Systems Inc), Loan Agreement (Cellnet Data Systems Inc)
Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement are only those expressly set forth in this Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, of such fact, fact and has either determined that a Default or an Event of Default has occurred or has been notified by a Bank in writing that such Bank considers that a Default or an Event of Default has occurred and is continuing, and such Bank shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder to any Bank (or any transferee thereof) for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdictionmisconduct. The Administrative Agent shall provide each Bank with copies of such documents received from the Borrower as such Bank may reasonably request.
Appears in 4 contracts
Samples: Master Loan and Inter Creditor Agreement (Horton D R Inc /De/), Loan Agreement (Horton D R Inc /De/), Loan Agreement (Horton D R Inc /De/)
Responsibility of the Administrative Agent. The duties and ------------------------------------------ obligations of the Administrative Agent under this Agreement are only those expressly set forth in this Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the either Borrower, of such fact, or has been notified by a Bank in writing that such Bank considers that a Default or an Event of Default has occurred and is continuing, and such Bank shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdiction. The Administrative Agent shall provide each Bank with copies of such documents received from the Borrower Borrowers as such Bank may reasonably request.
Appears in 2 contracts
Samples: Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/)
Responsibility of the Administrative Agent. The duties and ------------------------------------------ obligations of the Administrative Agent under this Agreement are only those expressly set forth in this Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, of such fact, fact and has either determined that a Default or an Event of Default has occurred or has been notified by a Bank in writing that such Bank considers that a Default or an Event of Default has occurred and is continuing, and such Bank shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder to any Bank (or any transferee thereof) for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdictionmisconduct. The Administrative Agent shall provide each Bank with copies of such documents received from the Borrower as such Bank may reasonably request.
Appears in 1 contract
Samples: Master Loan and Inter Creditor Agreement (Horton D R Inc /De/)
Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement are only those expressly set forth in this Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the BorrowerBorrower or the Parent, of such fact, or has been notified by a Bank Lender in writing that such Bank Lender considers that a Default or an Event of Default has occurred and is continuing, and such Bank Lender shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdiction. The Administrative Agent shall provide each Bank Lender with copies of such documents received from the Borrower or the Parent as such Bank Lender may reasonably request.
Appears in 1 contract
Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement are only those expressly set forth in this Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, of such fact, or has been notified by a Bank in writing that such Bank considers that a Default or an Event of Default has occurred and is continuing, and such Bank shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdiction. The Administrative Agent shall provide each Bank with copies of such documents docum ents received from the Borrower as such Bank may reasonably request.
Appears in 1 contract
Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement are only those expressly set forth in this Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, of such fact, or has been notified by a Bank Lender in writing that such Bank Lender considers that a Default or an Event of Default has occurred and is continuing, and such Bank Lender shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own bad faith, gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdiction. The Administrative Agent shall provide each Bank Lender with copies of such documents received from the Borrower as such Bank Lender may reasonably request.
Appears in 1 contract
Samples: Loan Agreement (BGF Industries Inc)
Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement and the Security Documents are only those expressly set forth in this AgreementAgreement and the Security Documents. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the either Borrower, of such fact, or has been notified by a Bank Lender in writing that such Bank Lender considers that a Default or an Event of Default has occurred and is continuing, and such Bank Lender shall specify in detail the nature thereof in writing. The Administrative Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdictionmisconduct. The Administrative Agent shall provide promptly each Bank Lender with copies of such documents received from the either Borrower as such Bank Lender may reasonably request.
Appears in 1 contract
Responsibility of the Administrative Agent. The duties and obligations of the Administrative Agent under this Agreement and the Security Agreement are only those expressly set forth in this Agreement and in the Security Agreement. The Administrative Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, Borrower of such fact, or has been notified by a Bank Lender in writing that such Bank Lender considers that a Default or an Event of Default has occurred and is continuing, and such Bank Lender shall specify in detail the nature thereof in writingthereof. The Administrative Agent shall not be liable hereunder or under the Security Agreement to any Lender for any action taken or omitted to be taken except for to the extent resulting from its own gross negligence or willful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdiction. The Administrative Agent shall provide each Bank Lender with copies of such documents received from the Borrower as such Bank Lender may reasonably request.
Appears in 1 contract
Samples: Loan Agreement (Hca Inc/Tn)