Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 17 contracts
Samples: Credit Agreement (Baytex Energy Corp.), Credit Agreement (Hammerhead Energy Inc.), Credit Agreement (Enbridge Inc)
Duties and Obligations. Neither the The Agent nor and any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 10 contracts
Samples: Credit Agreement (Penn West Energy Trust), Credit Agreement (Penn West Energy Trust), Credit Agreement (Harvest Energy Trust)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful willful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 4 contracts
Samples: Credit Agreement (Potash Corp of Saskatchewan Inc), Credit Agreement (Potash Corp of Saskatchewan Inc), Credit Agreement (Potash Corp of Saskatchewan Inc)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct, as determined in a final, non-appealable judgment by a court of competent jurisdiction. Without limiting the generality of the foregoing, the Agent:
Appears in 3 contracts
Samples: Credit Agreement (Greenfire Resources Ltd.), Credit Agreement (Obsidian Energy Ltd.), Credit Agreement (Obsidian Energy Ltd.)
Duties and Obligations. Neither the The Agent nor or any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful willful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 3 contracts
Samples: Credit Agreement (Protective Products of America, Inc.), Credit Agreement (Protective Products of America, Inc.), Credit Agreement (Protective Products of America, Inc.)
Duties and Obligations. Neither the The Agent nor and any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconductmisconduct as determined in the final non-appealable judgment of a court of competent jurisdiction. Without limiting the generality of the foregoing, the Agent:
Appears in 2 contracts
Samples: Credit Agreement (Harvest Operations Corp.), Credit Agreement (Harvest Operations Corp.)
Duties and Obligations. Neither the The Agent nor or any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconduct, as determined by a final, non-appealable judgment of a court of competent jurisdiction. Without limiting the generality of the foregoing, the Agent:
Appears in 2 contracts
Samples: Credit Agreement (Obsidian Energy Ltd.), Credit Agreement (Obsidian Energy Ltd.)
Duties and Obligations. Neither the The Agent nor or any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Samples: Credit Agreement
Duties and Obligations. Neither the The Agent nor or any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Samples: Agreement
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconductmisconduct as determined by a court of competent jurisdiction in a final, non-appealable judgment. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconductmisconduct (as determined by a final non-appealable judgment of a court of competent jurisdiction). Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconductwillful misconduct or breach of the Loan Documents. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Samples: Credit Agreement (North American Energy Partners Inc.)
Duties and Obligations. Neither the No Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the applicable Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the each Agent:
Appears in 1 contract
Samples: Credit Agreement (Nexen Inc)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Samples: Agreement (Baytex Energy Corp.)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, ; the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
