Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 18 contracts
Samples: Restatement Agreement (Mittal Steel Co N.V.), First Amendment Agreement (Aspen Insurance Holdings LTD), Senior Subscription Agreement (TPG Advisors IV, Inc.)
Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing L/C Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 14 contracts
Samples: Senior Facilities Agreement (Corporate Express N.V.), Agreement (Buhrmann Nv), Senior Facilities Agreement (Virgin Media Inc.)
Exclusion of liability. (aA) Without limiting paragraph (bB) below, the LC Issuing Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 4 contracts
Samples: Common Terms Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)
Exclusion of liability. (a) Without limiting paragraph (b) below, the an Issuing Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 4 contracts
Samples: Agreement (Solutia Inc), Agreement (Elster Group SE), Linde PLC
Exclusion of liability. (a) Without limiting paragraph (b7.4(b) below, the Issuing Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 3 contracts
Samples: Agreement (Hoegh LNG Partners LP), Hoegh LNG Partners LP, www.lw.com
Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing neither Servicing Bank will not be liable for any action taken by it under under, or in connection with with, any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 2 contracts
Samples: Credit Agreement (Eagle Bulk Shipping Inc.), Facility Agreement (Eagle Bulk Shipping Inc.)
Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing Bank will not be liable for any action taken by it under or in connection with any Finance Facility Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 2 contracts
Samples: Agreement (Cascal B.V.), Facility Agreement (Cascal B.V.)
Exclusion of liability. (a) Without limiting paragraph (b) belowClause 7.6(b), the Issuing Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 2 contracts
Samples: Cascal Facility Agreement (Cascal N.V.), Cascal Facility Agreement (Cascal N.V.)
Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing Bank will not be liable for any action taken by it under or in connection with any Senior Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 2 contracts
Samples: Facility Agreement (Inmarsat Holdings LTD), Agreement (Inmarsat Launch CO LTD)
Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing neither Servicing Bank will not be liable for any action taken by it under under, or in connection with with, any Finance Document, unless directly caused by its gross negligence or wilful misconductmisconduct (as finally determined by a court of competent jurisdiction).
Appears in 1 contract
Samples: Possession Credit Agreement (Eagle Bulk Shipping Inc.)
Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Randstad North America, L.P.
Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing Technical Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 1 contract
Exclusion of liability. (a) Without limiting paragraph (b) below, the no Issuing Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless directly caused by its gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Facility Agreement (Tower Group International, Ltd.)
Exclusion of liability. (a) Without limiting paragraph (b) below, the Issuing no Fronting Bank will not be liable for any action taken by it under or in connection with any Finance Document, unless except to the extent directly caused by its gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Agreement (Sequa Corp /De/)
