Common use of Agent's liability Clause in Contracts

Agent's liability. Neither the Agent nor any Associate of the Agent nor any of their respective directors, officers, employees, agents or successors is responsible to the Financiers or a Transaction Party for: (a) any recitals, statements, representations or warranties contained in any Transaction Document, or in any certificate or other document referred to or provided for in, or received by any of them under, any Transaction Document; (b) the value, validity, effectiveness, genuineness, enforceability or sufficiency of any Transaction Document (other than as against the Agent) or any other certificate or document referred to or provided for in, or received by any of them under, any Transaction Document; (c) any failure by a Transaction Party or any Financier to perform its obligations under any Transaction Document; or (d) any action taken or omitted to be taken by it or them under any Transaction Document or in connection with any Transaction Document except in the case of its or their own fraud or wilful misconduct or gross negligence.

Appears in 2 contracts

Sources: Project Facility Agreement (Apollo Gold Corp), Bridge Facility Agreement (Apollo Gold Corp)

Agent's liability. Neither the Agent nor any Associate Related Body Corporate of the Agent nor any of their respective directors, officers, employees, agents or successors is responsible to the Financiers or a Transaction Party for: (a) any recitals, statements, representations or warranties contained in any Transaction Document, or in any certificate or other document referred to or provided for in, or received by any of them under, any Transaction Document; (b) the value, validity, effectiveness, genuineness, enforceability or sufficiency of any Transaction Document (other than as against the Agent) or any other certificate or document referred to or provided for in, or received by any of them under, any Transaction Document; (c) any failure by a Transaction Party or any Financier to perform its obligations under any Transaction Document; or (d) any action taken or omitted to be taken by it or them under any Transaction Document or in connection with any Transaction Document except in the case of its or their own fraud or wilful misconduct or gross negligence.

Appears in 1 contract

Sources: Syndicated Convertible Loan Facility Agreement (Samson Oil & Gas LTD)