Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 31 contracts
Samples: Intercreditor Agreement (Manchester United PLC), Intercreditor Agreement (Manchester United PLC), Facility Agreement (InterXion Holding N.V.)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document)Documents.
Appears in 12 contracts
Samples: Facilities Agreement (Molson Coors Brewing Co), Facility Agreement (Amc Entertainment Holdings, Inc.), Senior Term Facilities Agreement (NeoGames S.A.)
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 12 contracts
Samples: Amendment and Restatement Agreement (Ferguson PLC), Agreement (Alliance Data Systems Corp), Agreement (Alliance Data Systems Corp)
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document)Documents.
Appears in 9 contracts
Samples: Loan Agreement (Scorpio Bulkers Inc.), Loan Agreement (Diana Containerships Inc.), Facilities Agreement (Molson Coors Brewing Co)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) Agent in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 7 contracts
Samples: Facility Agreement (Amc Entertainment Holdings, Inc.), Facility Agreement (Penske Automotive Group, Inc.), Facilities Agreement (Melco Crown Entertainment LTD)
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).
Appears in 6 contracts
Samples: Revolving Credit Facility Agreement (Net 1 Ueps Technologies Inc), Assignment Agreement (NORDIC AMERICAN TANKERS LTD), Agreement (Hoegh LNG Partners LP)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).
Appears in 6 contracts
Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent or, as the case may be, Security Agent under the Finance Documents (unless the Agent it has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 5 contracts
Samples: Agreement (Rockwood Holdings, Inc.), Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc)
Disruption to Payment Systems etc. notwithstanding the Agentagent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agentrelevant agent) in acting as the Agent, the Swingline Agent or the Issuing Agent (as applicable) under the Finance Documents (unless the Agent relevant agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 4 contracts
Samples: Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent it has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: Cascal Facility Agreement (Cascal N.V.), Facility Agreement (Rockwood Holdings, Inc.)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent)) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under Agent, Security Agent, Receiver or delegate under, or exercising any authority conferred under, the Finance Documents (unless the Agent relevant Agent, Security Agent, Receiver or Delegate has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: Facility Agreement (Northstar Realty Finance Corp.), Facility Agreement (NorthStar Healthcare Income, Inc.)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the AgentAgent ) in acting as Agent or as Security Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: Agreement (Aluminum Corp of China), Agreement (Aluminum Corp of China)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) Agent in acting as Agent under the Finance Documents (Documents), unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: South Texas Supply Company, Inc., South Texas Supply Company, Inc.
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent or the Security Agent under the Finance Documents (unless the Agent or the Security Agent has been reimbursed by an Obligor a Loan Party pursuant to a Finance Document).
Appears in 2 contracts
Samples: Facilities Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor the Obligors pursuant to a Finance Document).
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence negligence, or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as the Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: Agreement (Anthracite Capital Inc), Agreement (Anthracite Capital Inc)
Disruption to Payment Systems etc. notwithstanding the relevant Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the relevant Agent) in acting as an Agent under the Finance Documents (unless the relevant Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: Facility Agreement (Kosmos Energy Ltd.), Assignment Agreement (Vaalco Energy Inc /De/)
Disruption to Payment Systems etc. notwithstanding the that Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the that Agent) in acting as Facility Agent or Security Agent (as the case may be) under the Finance Documents (unless the that Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: Agreement (Coeur D Alene Mines Corp), Agreement (Coeur D Alene Mines Corp)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor or any other member of the Group that is party to a Finance Document pursuant to a Finance Document).
Appears in 2 contracts
Samples: Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD)
Disruption to Payment Systems etc. notwithstanding the Agent’s or the Security Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent or the Security Agent) in acting as Agent or the Security Agent under the Finance Documents (unless the Agent or the Security Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Samples: Assignment Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
Disruption to Payment Systems etc. notwithstanding the that Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the that Agent) in acting as Facility Agent or Security Agent (as the case may be) under the Finance Documents (unless the that Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent or Security Trustee under the Finance Documents (unless the Agent or Security Trustee has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent Agent, Security Agent, Receiver or Delegate under the Finance Documents (unless the Agent relevant Agent, Security Agent, Receiver or Delegate has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).
Appears in 1 contract
Samples: Facility Agreement (American Realty Capital Global Trust II, Inc.)
Disruption to Payment Systems etc. notwithstanding the relevant Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the relevant Agent) in acting as an Agent under the Finance Documents (unless the relevant Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence negligence, or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 1 contract
Samples: Agreement (Solutia Inc)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the gross negligence, wilful misconduct or fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document)Documents.
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor or any other member of the Group that is party to a Finance Document pursuant to a Finance Document).
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever whatsoever) but not including any claim based on the fraud of the Agent) Agent in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the relevant Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the relevant Agent) in acting as an Agent under the Finance Documents (unless the relevant Agent has been reimbursed by an Obligor pursuant to a Finance Document).. 199
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as the Agent under the Finance Documents (unless the Agent relevant agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 1 contract
Samples: Gtech Senior Facilities Agreement (International Game Technology PLC)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agentfraud)) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document)Documents.
Appears in 1 contract
Samples: Facilities Agreement (Melco Crown Entertainment LTD)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent or, as the case may be, Security Agent under the Finance Documents (unless the Agent such person has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).
Appears in 1 contract
Samples: Agreement (Hines Global REIT, Inc.)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).. 118798-4-1-v6.0 - 110 - 70-40539524
Appears in 1 contract
Samples: Agreement (Fx Energy Inc)
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor a Borrower pursuant to a Finance Document).
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent Agent, Security Agent, Receiver or Delegate under the Finance Documents (unless the Agent relevant Agent, Security Agent, Receiver or Delegate has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence negligence, or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as the Agent under the Finance Transaction Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Disruption to Payment Systems etc. notwithstanding the Agent’s 's or the Security Agent's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent or the Security Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document)Documents.
Appears in 1 contract
Samples: DryShips Inc.
Disruption to Payment Systems etc. notwithstanding the Paying Agent’s negligence, gross negligence negligence, or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as an Agent under the Finance Documents (unless the relevant Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).
Appears in 1 contract
Samples: Facility Agreement (Spansion Inc.)
Disruption to Payment Systems etc. notwithstanding the Agent’s or the Security Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) Agent in acting as Agent or the Security Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document)Documents.
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based 92 on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent it has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).. 93954-4-1-v3.0 -80- 70-40529536
Appears in 1 contract
Samples: Midamerican Energy Holdings Co /New/
Disruption to Payment Systems etc. notwithstanding the relevant Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the relevant Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document)Documents.
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the relevant Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the relevant Agent) in acting as an Agent under the Finance Documents (unless the relevant Agent has been reimbursed by an Obligor pursuant to a Finance Document).. 200
Appears in 1 contract
Disruption to Payment Systems etc. notwithstanding the Agent’s 's negligence, gross negligence negligence, or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).; and
Appears in 1 contract
Samples: DryShips Inc.