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
Sources: Credit Agreement (Landcare Usa Inc), Credit Agreement (Metals Usa Inc), Credit Agreement (Gfsi 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 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
Sources: Credit Agreement (Inventure Foods, Inc.), Credit Agreement (Cardinal Health Inc), Credit Agreement (Cardinal Health Inc)
General Immunity. Neither the Agent nor any of its directors, officers, agents or employees shall be liable to the BorrowerBorrowers, 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
Sources: Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp)
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
Sources: 364 Day Credit Agreement (Lanier Worldwide Inc), Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Lanier Worldwide 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 7 contracts
Sources: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc), Credit Agreement (Aon Corp)
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
Sources: Credit Agreement (Decrane Holdings Co), Credit Agreement (Audio International Inc), Increased Commitments Agreement (Decrane Holdings Co)
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 5 contracts
Sources: Credit Agreement (FTD Corp), Credit Agreement (Schawk Inc), Credit Agreement (Schawk 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
Sources: 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
Sources: Credit Agreement (Xcel Energy Inc), Credit Agreement (Northern States Power Co), Credit Agreement (Northern States Power Co)
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
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
Sources: Credit Agreement (Omnicare 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 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
Sources: 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 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
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
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
Sources: Credit Agreement (Industrial Distribution Group 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 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
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
Sources: 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 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
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
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
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
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
Sources: Loan and Security Agreement (Brothers Gourmet Coffees 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 Documents.
Appears in 1 contract