Common use of General Immunity Clause in Contracts

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documents.

Appears in 13 contracts

Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (Homeusa Inc), Credit Agreement (Metals Usa Inc)

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General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the BorrowerCompany, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 11 contracts

Samples: Assignment Agreement (Cardinal Health Inc), Credit Agreement (Inventure Foods, Inc.), Assignment Agreement (Cardinal Health Inc)

General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the BorrowerCompany, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely primarily from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 8 contracts

Samples: Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Lanier Worldwide Inc), Credit Agreement (Lanier Worldwide Inc)

General Immunity. Neither the Agent Agents nor any of its their directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 7 contracts

Samples: Credit Agreement (Superior Energy Services Inc), Assignment Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 5 contracts

Samples: Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises Inc)

General Immunity. Neither the No Agent nor any of its their respective directors, officers, agents or employees shall be liable to the BorrowerCompany, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have has arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 5 contracts

Samples: Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Holdings Co), Credit Agreement (Audio International Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the any Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 5 contracts

Samples: Credit Agreement (Midas Inc), Credit Agreement (Astec Industries Inc), Credit Agreement (MPW Industrial Services Group Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 5 contracts

Samples: Assignment Agreement (Aon Corp), Credit Agreement (Aon Corp), Assignment Agreement (Xcel Energy Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 4 contracts

Samples: Credit Agreement (Clark Inc), Credit Agreement (Clark Inc), Credit Agreement (American Medical Security Group Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders Banks or any Lender Bank for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 3 contracts

Samples: Credit Agreement (Xcel Energy Inc), Assignment Agreement (Northern States Power Co), Assignment Agreement (Northern States Power Co)

General Immunity. Neither the Agent nor any of its directors, officers, agents Agents or employees shall be liable to the Borrower, the Lenders any Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document Financing Agreements or in connection herewith or therewith except to the extent such action for its or inaction is found in their own gross negligence or willful misconduct as determined by a final judgment by order, not subject to review, of a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documentsjurisdiction.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lois/Usa Inc), Loan and Security Agreement (Lois/Usa Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) and to the extent of the Gross Negligence or Negligence, willful misconduct of such Person or (ii) breach of contract this Agreement or any other Loan Documents by such Person with respect to the Loan DocumentsPerson.

Appears in 2 contracts

Samples: Credit Agreement (Binks Sames Corp), Credit Agreement (Binks Sames Corp)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, any Borrowing Subsidiary, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 1 contract

Samples: Credit Agreement (Prism Financial Corp)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Transportation Components Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents Affiliates, Agents or employees shall be liable to the Borrower, the Lenders Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document Financing Agreements or in connection herewith or therewith except to the extent such action for its or inaction is found in their own gross negligence or willful misconduct as determined by a final judgment by order, not subject to review, of a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documentsjurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Brothers Gourmet Coffees Inc)

General Immunity. Neither the Agent Agents nor any of its their respective directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 1 contract

Samples: Credit Agreement (Spartan Stores Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Parent, the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the bad faith, Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Archibald Candy Corp)

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General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action for its or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence their own gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documents.misconduct. 62

Appears in 1 contract

Samples: Credit Agreement (Lennar Corp)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the either Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 1 contract

Samples: Credit Agreement (American Medical Security Group Inc)

General Immunity. Neither the Agent Agent, the Audit Agent, nor any of its their respective directors, officers, agents or employees shall be liable to the Borrower, the Lenders any Borrower or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document Financing Agreements or in connection herewith or therewith except to the extent such action for its or inaction is found in their own gross negligence or willful misconduct as determined by a final judgment by order, not subject to review, of a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documentsjurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Lois/Usa Inc)

General Immunity. Neither the Administrative Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (McIi Holdings Usa Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 1 contract

Samples: Credit Agreement (Huttig Building Products Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Credit Document or in connection herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 1 contract

Samples: Credit Agreement (Industrial Distribution Group Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to any or all of the Borrower, any Subsidiary of the Borrower or the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith therewith, except to the extent that such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful wilful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 1 contract

Samples: Credit Agreement (Omnicare Inc)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith therewith, except to the extent such action for its or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence their own gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan Documentsmisconduct.

Appears in 1 contract

Samples: Revolving Credit Agreement (LNR Property Corp)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the any Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection herewith or therewith except to the extent such action or inaction is found in a final judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 1 contract

Samples: Credit Agreement (American Architectural Products Corp)

General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the Borrower, the Lenders or any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Loan Document or in connection 42 49 herewith or therewith except to the extent such action or inaction is found determined in a final non-appealable judgment by a court of competent jurisdiction to have arisen solely from (i) the Gross Negligence gross negligence or willful misconduct of such Person or (ii) breach of contract by such Person with respect to the Loan DocumentsPerson.

Appears in 1 contract

Samples: Credit Agreement (Roadway Express Inc)

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