Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 127 contracts
Samples: Bridge Loan Credit Agreement (Sports Entertainment Enterprises Inc), Credit Agreement, Credit Agreement (Carmike Cinemas Inc)
Delegation of Duties. Each Lender Agent may execute any of its duties under this Agreement and the each other Loan Documents Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Lender Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 37 contracts
Samples: Loan and Servicing Agreement (Fifth Street Finance Corp), Loan and Servicing Agreement (FS Energy & Power Fund), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the each other Loan Documents Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 30 contracts
Samples: Credit and Security Agreement (TCW Direct Lending VIII LLC), Purchase and Sale Agreement (Pennantpark Investment Corp), Credit and Security Agreement (WhiteHorse Finance, LLC)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and any of the other Loan Related Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 23 contracts
Samples: Note Purchase Agreement (General Motors Financial Company, Inc.), Class a Note Purchase Agreement (Americredit Corp), Class B Note Purchase Agreement (Americredit Corp)
Delegation of Duties. Each Agent may execute any of its respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it such Agent with reasonable care.
Appears in 21 contracts
Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and any of the other Loan Basic Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 19 contracts
Samples: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 16 contracts
Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)
Delegation of Duties. Each Agent The Agents may execute any of its their duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 15 contracts
Samples: Subsidiary Guarantee Agreement (L 3 Communications Corp), Credit Agreement (Peabody Energy Corp), 364 Day Credit Agreement (L 3 Communications Corp)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement and the other Loan Transaction Documents to which it is a party by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 14 contracts
Samples: Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (Boston Scientific Corp)
Delegation of Duties. (a) Each Agent may execute any of its duties under this Agreement and the each other Loan Documents Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 14 contracts
Samples: Credit and Security Agreement (Blue Owl Technology Income Corp.), Credit and Security Agreement (Owl Rock Technology Income Corp.), Credit and Security Agreement (Cim Real Estate Finance Trust, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 11 contracts
Samples: Credit Agreement (Accellent Inc), Credit Agreement (Instructure Holdings, Inc.), Credit Agreement (Tiga Acquisition Corp.)
Delegation of Duties. Each Agent may execute any of its duties under this Loan Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 10 contracts
Samples: Loan Agreement (Spark Networks SE), Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Phi Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 10 contracts
Samples: Credit Agreement (Verano Holdings Corp.), Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend Corp.)
Delegation of Duties. Each Agent Either of the Agents may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 8 contracts
Samples: Credit Agreement (Enstar Income Program Iv-2 Lp), Credit Agreement (Enstar Income Growth Program Six a L P), Credit Agreement (Enstar Income Growth Program Five-B Lp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 7 contracts
Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other applicable Loan Documents by or through any of its branches, agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 7 contracts
Samples: Credit Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Booz Allen Hamilton Holding Corp), Guarantee and Collateral Agreement (Booz Allen Hamilton Holding Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 7 contracts
Samples: Credit Agreement (Cabot Microelectronics Corp), Credit Agreement (Mt Investors Inc), Credit Agreement (Greenbrier Companies Inc)
Delegation of Duties. Each Agent The Agents may execute any of its their respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys selected by them, respectively, using reasonable care and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible to any of the Lenders for the negligence or misconduct of any agents or attorneys in-fact selected by it any of them, respectively, with reasonable care.
Appears in 7 contracts
Samples: Loan Agreement (Cablevision Systems Corp /Ny), Loan Agreement (Cablevision Systems Corp /Ny), Loan Agreement (CSC Holdings Inc)
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Nationwide Credit Inc), Agent Agreement (Exide Corp)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement and the each other Loan Documents Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Credit and Security Agreement (Mohawk Industries Inc), Credit and Security Agreement (Mohawk Industries Inc), Credit and Security Agreement (Mohawk Industries Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 6 contracts
Samples: Credit Agreement (FreightCar America, Inc.), Possession Credit Agreement (Worldcom Inc), Credit Agreement (American Management Systems Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and any of the other Loan Transaction Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Note Purchase Agreement (United States Cellular Corp), Note Purchase Agreement (United States Cellular Corp), Note Purchase Agreement (United States Cellular Corp)
Delegation of Duties. Each Agent The Agents may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent The Agents shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Nutrition Ltd.), Credit Agreement (Herbalife Ltd.)
Delegation of Duties. Each Any Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Westport Finance Co), Credit Agreement (Ryland Group Inc), Credit Agreement (Ryland Group Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it in good faith with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Molecular Insight Pharmaceuticals, Inc.), Credit Agreement (Molecular Insight Pharmaceuticals, Inc.), Credit Agreement (Trico Marine Services Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Quality Distribution Inc), Credit Agreement (Quality Distribution Inc), Credit Agreement (Salt Holdings Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other applicable Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Wesco Aircraft Holdings, Inc), Credit Agreement (Wesco Aircraft Holdings, Inc), Credit Agreement (Wesco Aircraft Holdings, Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Kinetic Concepts Inc /Tx/), Credit and Guarantee Agreement (Kinetic Concepts Inc /Tx/), Credit and Guarantee Agreement (Kinetic Concepts Inc /Tx/)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Usi Holdings Corp), Pledge and Security Agreement (Dura Automotive Systems Inc)
Delegation of Duties. Each of the Agent and the Collateral Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither the Agent nor the Collateral Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (KCS Energy Inc), Stock Pledge Agreement (KCS Energy Inc), Credit Agreement (KCS Energy Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care. The exculpatory provisions of this Article shall apply to any such agent and attorney and shall apply to their respective activities in connection with the syndication of the Facilities as well as activities as agent or attorney.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Roundy's, Inc.), Credit Agreement (Roundy's, Inc.), Credit Agreement (Roundy's, Inc.)
Delegation of Duties. Each Agent of the Agents may execute any of its respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it such Agent with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Acc Corp), Credit Agreement (Acc Corp), Credit Agreement (Acc Corp)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible to the Lenders for the gross negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 3 contracts
Samples: Intercreditor Agreement (First Wind Holdings Inc.), Credit Agreement (First Wind Holdings Inc.), Credit Agreement (First Wind Holdings Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys inattorneys-fact in‑fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Delek US Holdings, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Global Signal Inc), Global Signal Inc
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents agents, sub-agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents, sub-agents or attorneys attorneys-in-fact selected by it with reasonable due care.
Appears in 3 contracts
Samples: Passu Intercreditor Agreement (California Resources Corp), Credit Agreement (California Resources Corp), Collateral Agency Agreement (California Resources Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents, sub-agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents, sub-agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Rubrik, Inc.), Credit Agreement (Rubrik, Inc.), Credit Agreement (Rubrik, Inc.)
Delegation of Duties. Each Agent of the Agents may execute any and all of its their respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to the advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Dirsamex Sa De Cv), Credit Agreement (Jafra Cosmetics International Sa De Cv), Credit Agreement (Jafra Worldwide Holdings Lux Sarl)
Delegation of Duties. Each Any Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 3 contracts
Samples: Credit Agreement (Timken Co), Bridge Loan Agreement (Agco Corp /De), Credit Agreement (Keystone Marketing Services Inc)
Delegation of Duties. Each Agent and the Facility Agent may execute any of its duties under this Agreement and any of the other Loan Related Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither any Agent nor the Facility Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Certificate Purchase Agreement (Stage Stores Inc), Certificate Purchase Agreement (Stage Stores Inc), Certificate Purchase Agreement (Stage Stores Inc)
Delegation of Duties. Each Administrative Agent and the Collateral Agent may each execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither any Administrative Agent nor the Collateral Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 3 contracts
Samples: Abl Credit Agreement (Univar Inc.), Abl Credit Agreement (Univar Solutions Inc.), Abl Credit Agreement (Univar Inc.)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 3 contracts
Samples: Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent Neither of the Agents shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.. 9.3
Appears in 2 contracts
Samples: Credit Agreement (Chatham Lodging Trust), And Restatement Agreement Second Amendment and Restatement Agreement (Chatham Lodging Trust)
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Infonet Services Corp), Credit and Guarantee Agreement (SMTC Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Lance Inc), Credit Agreement (Lance Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the gross negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Aveta Inc), Credit Agreement (Aveta Inc)
Delegation of Duties. Each Agent may execute any of its --------------------- duties under this Agreement and the or any other Loan Documents Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Compass Minerals Group Inc), Credit Agreement (GSL Corp)
Delegation of Duties. Each Agent may execute perform any and all of its duties and exercise its rights and powers under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys inattorneys-in fact selected by it with reasonable care. The exculpatory provisions of this Section 8 shall apply to any agent or attorney-in-fact, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as each Agent.
Appears in 2 contracts
Samples: Bridge Term Loan Credit Agreement (T-Mobile US, Inc.), Credit Agreement (T-Mobile US, Inc.)
Delegation of Duties. Each Agent of the Agents may execute any of its respective duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Revlon Worldwide Parent Corp), Credit Agreement (Revlon Consumer Products Corp)
Delegation of Duties. Each Agent The Agents may execute any of its their respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it such Agent with reasonable care.
Appears in 2 contracts
Samples: Loan Agreement (Washington Homes Inc), Credit Agreement (GTS Duratek Inc)
Delegation of Duties. Each Agent may execute any of its respective duties under this Agreement and the other Loan Documents any Financing Document by or through agents agents, employees or attorneys-in-fact fact, and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the any degree of negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by it that such Agent selects with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Axtel Sab De Cv), Credit Agreement (Axtel Sab De Cv)
Delegation of Duties. Each Agent Any of the Agents may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible for the negligence or misconduct of any agents agent or attorneys inattorney-in- fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Magellan Midstream Partners Lp), Credit and Security Agreement (Interim Services Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The exculpatory provisions of Section 9.3 shall apply to any such agent or attorneys-in-fact and shall apply to their respective activities in connection with the syndication of the Loans as well as activities as Administrative Agent. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Auxilium Pharmaceuticals Inc), Credit Agreement (Auxilium Pharmaceuticals Inc)
Delegation of Duties. Each of Agent and Collateral Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent nor Collateral Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects as long as such selection was made without gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cutter & Buck Inc), Loan Agreement (Source Interlink Companies Inc)
Delegation of Duties. Each The Agent may execute any of its duties under this Loan Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to the advice of counsel concerning all matters pertaining to such duties. No The Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable careit.
Appears in 2 contracts
Samples: Loan and Security Agreement (Alliance Laundry Corp), Loan and Security Agreement (Alliance Laundry Holdings LLC)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.. 10.3
Appears in 2 contracts
Samples: Credit Agreement (Lantheus Holdings, Inc.), Credit Agreement (Lantheus Holdings, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and fact. Each Agent shall be entitled to advice of counsel concerning all matters pertaining to its duties and rights, with such dutiesfees and expenses of such counsel for the account of the Borrower. No Agent shall be held liable or responsible for acting in accordance with such advice of counsel. No Agent shall be responsible or liable for the negligence or misconduct of any agents or attorneys attorneys-in-fact or agents selected by it with reasonable care.
Appears in 2 contracts
Samples: Export Prepayment Finance Agreement (Adecoagro S.A.), Export Prepayment Facility Agreement (Adecoagro S.A.)
Delegation of Duties. Each Agent The Facility Agents may execute any of its their duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Facility Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Classic Communications Inc), Credit Agreement (Black Creek Management LLC)
Delegation of Duties. Each Agent The Agents may execute any of its their duties -------------------- under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (P&l Coal Holdings Corp), Credit Agreement (LFC Armored of Texas Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Cisco Systems Inc), Credit Agreement (Cisco Systems Inc)
Delegation of Duties. (a) Each of the Administrative Agent and the Collateral Agent may execute any of its their duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No None of the Administrative Agent and the Collateral Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Credit Agreement and or under the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel legal counsel, accountants, and other professionals concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys inattorneys-in fact selected by it with reasonable care.
Appears in 2 contracts
Samples: Credit Agreement (Delta Petroleum Corp/Co), Term Loan Agreement (Williams Companies Inc)
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents or attorneys-in-in- fact and shall be 128 entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys- in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the or any other Loan Documents Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (RPP Capital Corp)
Delegation of Duties. Each Agent may execute any of its respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent The Agents shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it any Agent with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (Cott Corp /Cn/)
Delegation of Duties. Each Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Any Lender Agent may execute any of its duties under this Agreement and the each other Loan Documents Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Lender Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.fact
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the each other Loan Documents Facility Document by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact attorneys‑in‑fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)
Delegation of Duties. Each Agent The Agents may execute any of its their duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties -------------------------- under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact 135 and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects as long as such selection was made without gross negligence or willful misconduct.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Greif Brothers Corp)
Delegation of Duties. Each Agent The Agents may execute any of its oftheir duties under this Agreement and the or any other Revolving Loan Documents Document by or through agents agents, employees or attorneys-inattorneysin-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible to any of the Lenders for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters 77 pertaining to such duties. No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Prospect Capital Corp)
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement and the other Loan Documents by or through agents any one or more agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (CBRE Acquisition Holdings, Inc.)
Delegation of Duties. Each Agent may execute any or all of its -------------------- duties under this Agreement and the other Loan Documents by or through agents (which may include its Affiliates or attorneys-in-fact fact) and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No For the purposes of this Section 11 and all subsections thereof the word "Agent" shall be deemed to include any Affiliate or attorney-in-fact thereof. Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (CDW Holding Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel or other consultants or experts concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carein the absence of gross negligence or willful misconduct.
Appears in 1 contract
Samples: Credit Agreement (NGA Holdco, LLC)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents or agents, employees, attorneys-in-fact or through its Related Parties and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.- 106-
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (Qualcomm Inc/De)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the each other Loan Documents Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.care other than any Affiliates of such Agent. Section 12.03
Appears in 1 contract
Samples: Credit and Security Agreement (T. Rowe Price OHA Select Private Credit Fund)
Delegation of Duties. Each The Agent may execute any of its duties -------------------- under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No The Agent shall not be responsible to any Lender for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent of the Agents may execute any of its duties under this Agreement and the each other Loan Documents Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Eastman Chemical Co)
Delegation of Duties. Each Agent may execute any of its respective duties under this Agreement and the or any other Loan Documents Credit Document to which such Agent is a party by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact fact, selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (Envirosource Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other applicable Loan Documents by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Neither Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact in‑fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent Any of the Agents may execute any of its duties under this Agreement and the or any other Loan Documents Finance Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent None of the Agents shall be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible to any Lender or other Agent for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (CBD Media LLC)
Delegation of Duties. Each Agent may execute any of its duties under this Credit Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 1 contract
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-attorneys- in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Abry Holdings Iii Inc
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 1 contract
Samples: Term Loan Agreement (Cemex Sa De Cv)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and any of the other Loan Basic Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.responsible
Appears in 1 contract
Delegation of Duties. Each Agent The Agents may execute any of its their respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it such Agent with reasonable care.. SECTION 13.3
Appears in 1 contract
Samples: Credit Agreement (Duratek Inc)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys inattorneys-in fact selected by it with reasonable care.
Appears in 1 contract
Samples: Credit Agreement (Northwestern Corp)
Delegation of Duties. Each Agent may execute any of its duties under this Agreement and any of the other Loan Basic Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. No Agent shall be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.. 144
Appears in 1 contract
