Common use of The Agent's Duties Clause in Contracts

The Agent's Duties. The Agent shall promptly forward to each Bank copies, or notify each Bank as to the contents, of all notices and other communications received from the Company pursuant to the terms of this Agreement and the Notes and, in the event that the Company fails to pay when due the principal of or interest on any Loan, the Agent shall promptly give notice thereof to the Banks. As to any other matter not expressly provided for herein or therein, the Agent shall have no duty to act or refrain from acting with respect to the Company, except upon the instructions of the Required Banks. The Agent shall not be bound by any waiver, amendment, supplement, or modification of this Agreement or any Note which affects its duties hereunder and thereunder, unless it shall have given its prior written consent thereto. The Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements binding on the Company pursuant to this Agreement or any Note nor shall it be deemed to have knowledge of the occurrence of any Default or Event of Default (other than a failure of the Company to pay when due the principal or interest on any Loan), unless it shall have received written notice from the Company or a Bank specifying such Default or Event of Default and stating that such notice is a "Notice of Default".

Appears in 6 contracts

Samples: Revolving Credit Agreement (Health Care Property Investors Inc), Revolving Credit Agreement (Realty Income Corp), Revolving Credit Agreement (Health Care Property Investors Inc)

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The Agent's Duties. (a) The Administrative Agent shall promptly forward to each Bank Lender copies, or notify each Bank Lender as to the contents, of all notices and other communications received from the Company Borrower pursuant to the terms of this Agreement and the Notes and, in the event that the Company Borrower fails to pay when due the principal of or interest on any Loan, the Administrative Agent shall promptly give notice thereof to the BanksLenders. As to any other matter not expressly provided for herein or thereinherein, the Administrative Agent shall have no duty to act or refrain from acting with respect to the CompanyBorrower, except upon the instructions of the Required BanksLenders. The Administrative Agent shall not be bound by any waiver, amendment, supplement, or modification of this Agreement or any Note the other Credit Documents which affects changes its duties hereunder and thereunder, unless it shall have given its prior written consent thereto. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements binding on the Company Borrower pursuant to this Agreement or any Note Credit Document nor shall it the Administrative Agent be deemed to have knowledge of the occurrence of any Default or Event of Default (other than a failure of the Company Borrower to pay when due the principal or interest on any Loan), unless it shall have received written notice from the Company Borrower or a Bank Lender specifying such Default or Event of Default and stating that such notice is a "Notice of Default".

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Apogee Enterprises Inc), Credit Agreement (Apogee Enterprises Inc)

The Agent's Duties. The Agent shall promptly forward to each Bank copies, or notify each Bank as to the contents, of all notices and other communications received from the Company pursuant to the terms of this Agreement and the Notes and, in the event that the Company fails to pay when due the principal of or interest on any Loan, the Agent shall promptly give notice thereof to the Banks. As to any other matter not expressly provided for herein or therein, the Agent shall have no duty to act or refrain from acting with respect to the Company, except upon the instructions of the Required Banks. The Agent shall not be bound by any waiver, amendment, supplement, or modification of this Agreement or any Note which affects its duties hereunder and thereunder, unless it shall have given its prior written consent thereto. The Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements binding on the Company pursuant to this Agreement or any Note nor shall it be deemed to have knowledge of the occurrence of any Default or Event of Default (other than a failure of the Company to pay when due the principal or interest on any Loan), unless it shall have received written notice from the Company or a Bank specifying such Default or Event of Default and stating that such notice is a "Notice of Default", and promptly after its receipt of any such written notice, the Agent shall give the Company and each Bank a copy thereof.

Appears in 2 contracts

Samples: Credit Agreement (Health Care Property Investors Inc), Revolving Credit Agreement (Health Care Property Investors Inc)

The Agent's Duties. The Agent shall promptly forward to each Bank copies, or notify each Bank as to Page 61 the contents, of all notices and other communications received from the Company pursuant to the terms of this Agreement and the Notes and, in the event that the Company fails to pay when due the principal of or interest on any Loan, the Agent shall promptly give notice thereof to the Banks. As to any other matter not expressly provided for herein or therein, the Agent shall have no duty to act or refrain from acting with respect to the Company, except upon the instructions of the Required Banks. The Agent shall not be bound by any waiver, amendment, supplement, or modification of this Agreement or any Note which affects its duties hereunder and thereunder, unless it shall have given its prior written consent thereto. The Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements binding on the Company pursuant to this Agreement or any Note nor shall it be deemed to have knowledge of the occurrence of any Default or Event of Default (other than a failure of the Company to pay when due the principal or interest on any Loan), unless it shall have received written notice from the Company or a Bank specifying such Default or Event of Default and stating that such notice is a "Notice of Default".

Appears in 1 contract

Samples: Revolving Credit Agreement (Realty Income Corp)

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The Agent's Duties. (a) The Administrative Agent shall promptly forward to each Bank Lender copies, or notify each Bank Lender as to the contents, of all notices and other communications received from the Company Borrower pursuant to the terms of this Agreement and the Notes and, in the event that the Company Borrower fails to pay when due the principal of or interest on any Loan, the Administrative Agent shall promptly give notice thereof to the BanksLenders. As to any other matter not expressly provided for herein or thereinherein, the Administrative Agent shall have no duty to act or refrain from acting with respect to the CompanyBorrower, except upon the instructions of the Required BanksLenders. The Administrative Agent shall not be bound by any waiver, amendment, supplement, or modification of this Agreement or any Note the other Credit Documents which affects changes its duties hereunder and thereunder, unless it shall have given its prior written consent thereto. The Administrative Agent shall have no duty to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements binding on the Company Borrower pursuant to this Agreement or any Note Credit Document nor shall it the Administrative Agent be deemed to have knowledge of the occurrence of any Default or Event of Default (other than a failure of the Company Borrower to pay when due the principal or interest on any Loan), unless it shall have received written notice from the Company Borrower or a Bank Lender specifying such Default or Event of Default and stating that such notice is a "Notice of Default".

Appears in 1 contract

Samples: Credit Agreement (Apogee Enterprises Inc)

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