Sub-Agents. Each Agent may perform any and all its duties and exercise its rights and powers by or through any one or more sub-agents appointed by such Agent. Each Agent and any such sub-agent may perform any and all its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding paragraphs shall apply to any such sub-agent and to the Related Parties of any Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as an Agent. No Agent is responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable judgment that such Agent acted with gross negligence, fraud, bad faith or willful misconduct in the selection of such sub-agents.
Appears in 7 contracts
Samples: Senior Secured Revolving Credit Agreement (Capital Southwest Corp), Senior Secured Revolving Credit Agreement (Oaktree Strategic Credit Fund), Senior Secured Revolving Credit Agreement (Oaktree Specialty Lending Corp)
Sub-Agents. Each Agent may perform any and all its duties and exercise its rights and powers by or through any one or more sub-agents appointed by such Agent. Each Agent and any such sub-agent may perform any and all its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding paragraphs shall apply to any such sub-agent and to the Related Parties of any Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as an Agent. No The Administrative Agent is not responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable judgment that such the Administrative Agent acted with gross negligence, fraud, bad faith negligence or willful misconduct in the selection of such sub-agents.
Appears in 7 contracts
Samples: Senior Secured Revolving Credit Agreement (Monroe Capital Income Plus Corp), Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp)
Sub-Agents. Each The Agent may perform any and all of its duties and exercise its rights and powers by or through any one or more sub-agents appointed by such the Agent. Each The Agent and any such sub-agent may perform any and all its of their duties and exercise its their rights and powers through their respective Agent-Related Parties. The exculpatory provisions of the preceding paragraphs Section 11.3, this Section 17 and Section 19.9 shall apply to any such sub-agent and to the Agent-Related Parties of any the Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication activities of the credit facilities provided for herein as well as activities as an Agent. No The Agent is shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable nonappealable judgment that such the Agent acted with gross negligence, fraud, bad faith negligence or willful misconduct in the selection of such sub-agents.
Appears in 5 contracts
Samples: Term Loan and Security Agreement (Genasys Inc.), Term Loan and Security Agreement, Credit and Security Agreement (SAExploration Holdings, Inc.)
Sub-Agents. Each Agent may perform any and all its duties and exercise its rights and powers by or through any one or more sub-agents appointed by such Agent. Each Agent and any such sub-agent may perform any and all its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding paragraphs shall apply to any such sub-agent and to the Related Parties of any Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as an Agent. No Agent is responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable judgment that such Agent acted with gross negligence, fraud, bad faith negligence or willful misconduct in the selection of such sub-agents.
Appears in 3 contracts
Samples: Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.)
Sub-Agents. Each Agent may perform any and all its duties and exercise its rights and powers by or through any one or more sub-agents Agents appointed by such Agent. Each Agent and any such sub-agent Agent may perform any and all its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding paragraphs this Article XI and Section 10.4 shall apply to any such sub-agent Agent and to the Related Parties of any such Agent and any such sub-agentAgent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as an such Agent. No Each Agent is responsible shall have no responsibility for the conduct or negligence or misconduct of any sub-agents agent appointed by it hereunder, except to the extent that a court of competent jurisdiction determines in a final and non-appealable judgment that such Agent acted with gross negligence, fraud, bad faith negligence or willful misconduct in the selection appointment of such sub-agentsagent.
Appears in 1 contract
Samples: Credit Agreement (Teligent, Inc.)
Sub-Agents. Each Agent may perform any and all its duties and exercise its rights and powers by or through any one or more sub-agents Agents appointed by such Agent. Each Agent and any such sub-agent Agent may perform any and all its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding paragraphs Sections of this Article XI shall apply to any such sub-agent Agent and to the Related Parties of any such Agent and any such sub-agentAgent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as an such Agent. No Agent is The Agents shall not be responsible for the negligence or misconduct of any sub-agents agent except to the extent that a court of competent jurisdiction determines in a final and non-appealable nonappealable judgment that such the applicable Agent acted with gross negligence, fraud, bad faith negligence or willful misconduct in the selection of any such sub-agentsagent.
Appears in 1 contract
Samples: Credit Agreement (NantHealth, Inc.)