Common use of Responsibility of the Agent and Other Matters Clause in Contracts

Responsibility of the Agent and Other Matters. (a) The Agent shall have no duties or responsibilities except those expressly set forth in this Agreement (including, without limitation, the duty to forward copies of reports, certificates and other information to the Banks pursuant to SECTION 8.1) and those duties and liabilities shall be subject to the limitations and qualifications set forth in this Section. The duties of the Agent shall be mechanical and administrative in nature. (b) Neither the Agent nor any of its directors, officers or employees shall be liable for any action taken or omitted (whether or not such action taken or omitted is within or without the Agent's responsibilities and duties expressly set forth in this Agreement) under or in connection with this Agreement, or any other instrument or document in connection herewith, except for gross negligence or willful misconduct. Without limiting the foregoing, neither the Agent nor any of its directors, officers or employees shall be responsible for, or have any duty to examine: (i) the genuineness, execution, validity, effectiveness, enforceability, value or sufficiency of (A) the Loan Documents, or the Notes, or (B) any document or instrument furnished pursuant to or in connection with the Loan Documents or the Notes, (ii) the collectibility of any amounts owed by the Borrower, (iii) any recitals or statements or representations or warranties in connection with the Loan Documents or the Notes, (iv) any failure of any party to this Agreement to receive any communication sent, or (v) the assets, liabilities, financial condition, results of operations, business or creditworthiness of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (American Equity Investment Life Holding Co)

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Responsibility of the Agent and Other Matters. (a) The Agent shall have no duties or responsibilities in its capacity as Agent except those expressly set forth in this Agreement (including, without limitation, and the duty to forward copies of reports, certificates and other information to the Banks pursuant to SECTION 8.1) Loan Documents and those duties and liabilities shall be subject to the limitations and qualifications set forth in this Section. The duties of the Agent shall be mechanical and administrative in nature. (b) Neither the Agent nor any of its directors, officers or employees shall be liable to any Bank or holder of the Loans or Notes for any action taken or omitted (whether or not such action taken or omitted is within or without the Agent's ’s responsibilities and duties expressly set forth in this Agreement) under or in connection with this Agreement, or any other instrument or document in connection herewith, except for gross negligence or willful misconduct. Without limiting the foregoing, neither the Agent nor any of its directors, officers or employees shall be responsible for, or have any duty to examine: : (i) the genuineness, execution, validity, effectiveness, enforceability, value or sufficiency of (A) the this Agreement or any other Loan Documents, or the Notes, or (B) any document or instrument furnished pursuant to or in connection with the Loan Documents or the Notes, Document; (ii) the collectibility collectability of any amounts owed by the any Borrower, (iii) ; any recitals or statements or representations or warranties in connection with the this Agreement or any other Loan Documents or the Notes, Document; (iviii) any failure of any party to this Agreement to receive any communication sent, ; or (v) the assets, liabilities, financial condition, results of operations, business or creditworthiness of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Graco Inc)

Responsibility of the Agent and Other Matters. (a) The Agent shall have no duties or responsibilities except those expressly set forth in this Agreement (including, without limitation, the duty to forward copies of reports, certificates and other information to the Banks pursuant to SECTION Section 8.1) and those duties and liabilities shall be subject to the limitations and qualifications set forth in this Section. The duties of the Agent shall be mechanical and administrative in nature. (b) Neither the Agent nor any of its directors, officers or employees shall be liable for any action taken or omitted (whether or not such action taken or omitted is within or without the Agent's ’s responsibilities and duties expressly set forth in this Agreement) under or in connection with this Agreement, or any other instrument or document in connection herewith, except for gross negligence or willful misconduct. Without limiting the foregoing, neither the Agent nor any of its directors, officers or employees shall be responsible for, or have any duty to examine: (i) the genuineness, execution, validity, effectiveness, enforceability, value or sufficiency of (A) the Loan Documents, or the Notes, or (B) any document or instrument furnished pursuant to or in connection with the Loan Documents or the Notes, (ii) the collectibility of any amounts owed by the Borrower, (iii) any recitals or statements or representations or warranties in connection with the Loan Documents or the Notes, (iv) any failure of any party to this Agreement to receive any communication sent, or (v) the assets, liabilities, financial condition, results of operations, business or creditworthiness of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (American Equity Investment Life Holding Co)

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Responsibility of the Agent and Other Matters. (a) ai The Agent shall have no duties or responsibilities except those expressly set forth in this Agreement (including, without limitation, the duty to forward copies of reports, certificates and other information to the Banks pursuant to SECTION 8.1) and those duties and liabilities shall be subject to the limitations and qualifications set forth in this SectionSection 13. The duties of the Agent shall be mechanical and administrative in nature. . (b) bi Neither the Agent nor any of its directors, officers or employees shall be liable for any action taken or omitted (whether or not such action taken or omitted is within or without the Agent's responsibilities and duties expressly set forth in this Agreement) under or in connection with this Agreement, Agreement or any other instrument or document in connection herewith, except for gross negligence or willful misconduct. Without limiting the foregoing, neither the Agent nor any of its directors, officers or employees shall be responsible for, or have any duty to examine: examine into (i) the genuineness, execution, validity, effectiveness, enforceability, value or sufficiency of (Aa) this Agreement, the Notes or the other Loan Documents, or the Notes, or (Bb) any document or instrument furnished pursuant to or in connection with this Agreement, the Loan Documents Notes or the Notes, other Loan Documents, (ii) the collectibility of any amounts owed by the Borrower, Company, (iii) any recitals or statements or representations or warranties in connection with this Agreement, the Loan Documents Notes or the Notes, other Loan Documents, (iv) any failure of any party to this Agreement to receive any communication sent, or or (v) the assets, liabilities, financial condition, results of operations, business or creditworthiness of the BorrowerNPCI and its Subsidiaries.

Appears in 1 contract

Samples: Revolving Credit Agreement (NPC International Inc)

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