Common use of Liability of the Agent Clause in Contracts

Liability of the Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by the Borrower or any Subsidiary or Affiliate of Fleetwood, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood or any of its Subsidiaries or Affiliates.

Appears in 4 contracts

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)

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Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the any Borrower or any Subsidiary or Affiliate of Fleetwoodany Borrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books books, or records of Fleetwood any Borrower or any of its Subsidiaries or Borrower's Affiliates.

Appears in 3 contracts

Samples: Loan and Security Agreement (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc)

Liability of the Agent. None of the Agent-Agent Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by the Borrower or any Subsidiary or Affiliate of FleetwoodBorrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood Borrower or any of its Borrower's Subsidiaries or Affiliates.

Appears in 2 contracts

Samples: Term Revolving Credit Agreement (Costco Wholesale Corp /New), Extended Revolving Credit Agreement (Costco Wholesale Corp /New)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower or any Subsidiary Obligated Party or Affiliate of Fleetwoodany Obligated Party, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Obligated Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Obligated Party or any of its Subsidiaries or Obligated Party's Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Imperial Sugar Co /New/), Credit Agreement (Daisytek International Corporation /De/)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by the Borrower any Obligor or any Subsidiary or Affiliate of Fleetwoodany Obligor, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Obligor or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Obligor or any Subsidiary or Affiliate of its Subsidiaries or Affiliatesany Obligor.

Appears in 2 contracts

Samples: Credit Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc)

Liability of the Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Transaction Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), misconduct in connection with its duties expressly set forth herein) or (iib) be responsible in any manner to any of the Lenders Bank or participant for any recital, statement, representation representation, or warranty made by the Borrower Parent or any Subsidiary or Affiliate of Fleetwoodother party to any Transaction Document, or any officer thereof, contained in this Agreement or in any other Loan Transaction Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Transaction Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Transaction Document, or for any failure of any Loan Party the Parent or any other party to any Loan Transaction Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Bank or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Transaction Document, or to inspect the properties, books books, or records of Fleetwood the Parent or any of its Subsidiaries Subsidiary or AffiliatesAffiliate thereof.

Appears in 1 contract

Samples: Guaranty Agreement (Williams Sonoma Inc)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by the Borrower any Obligor or any Subsidiary or Affiliate of Fleetwoodany Obligor, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Obligor or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Secured Party to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Obligor or any Subsidiary or Affiliate of its Subsidiaries or Affiliatesany Obligor.

Appears in 1 contract

Samples: Credit and Security Agreement (PSS World Medical Inc)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Credit Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by any Credit Party, the Borrower Parent, or any Subsidiary or Affiliate of Fleetwoodany Credit Party, or any officer thereof, contained in this Agreement or in any other Loan Credit Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Credit Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Credit Document, or for any failure of any Loan Party Credit Party, the Parent, or any other party to any Loan Credit Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Credit Document, or to inspect the properties, books or records of Fleetwood any Credit Party, the Parent, or any of its Subsidiaries or Credit Party's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower or any Subsidiary Obligated Party or Affiliate of Fleetwoodany Obligated Party, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Obligated Party or any other party to any Loan Document to perform its obligations hereunder or AMENDED AND RESTATED CREDIT AGREEMENT thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Obligated Party or any of its Subsidiaries or Obligated Party’s Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein), or (iib) be responsible in any manner to any of the Lenders Credit Provider or Participant for any recital, statement, representation representation, or warranty made by the Borrower an Obligated Party or any Subsidiary or Affiliate of Fleetwoodan Obligated Party, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Obligated Party or any an other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender or Participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books books, or records of Fleetwood either Obligated Party or any of its Subsidiaries or Obligated Party's Affiliates.

Appears in 1 contract

Samples: Loan Agreement (American Barge Line Co)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders (or Bank Product Providers) for any recital, statement, representation or warranty made by the Borrower any Loan Party or any Subsidiary or Affiliate of Fleetwoodtheir Affiliates, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Lenders (or Bank Product Providers) to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books and records or records properties of Fleetwood or any of its Subsidiaries or AffiliatesLoan Party.

Appears in 1 contract

Samples: Loan and Security Agreement (AMERI Holdings, Inc.)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the any Borrower or any Subsidiary or Affiliate of Fleetwoodany Borrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Borrower or any of its Subsidiaries or Borrower’s Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower any Loan Party or any Subsidiary other Obligated Party or Affiliate of Fleetwoodany Loan Party or any other Obligated Party, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other Obligated Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Loan Party or any of its Subsidiaries or Loan Party's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Egl Inc)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the any Borrower or any Subsidiary or Affiliate of Fleetwoodany Borrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other party to any Loan Document Borrower to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books books, or records of Fleetwood any Borrower or any Affiliate of its Subsidiaries or Affiliatesany Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Trump Atlantic City Funding Ii Inc)

Liability of the Agent. None Neither the Agent nor any of the Agent-Related Persons it representatives shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Holders for any recital, statement, representation or warranty made by the Borrower any Credit Party or any Subsidiary or Affiliate of Fleetwoodany Credit Party, or any officer thereof, thereof contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Credit Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person Neither the Agent nor any of its representatives shall be under any obligation to any Lender Holder to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the propertiesProperties, books or records of Fleetwood any Credit Party or any of its the Subsidiaries or AffiliatesAffiliates of any Credit Party.

Appears in 1 contract

Samples: Investment Agreement (Radiant Logistics, Inc)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Credit Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower any Credit Party or any Subsidiary or Affiliate of Fleetwoodany Credit Party, or any officer thereof, contained in this Agreement or in any other Loan Credit Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Credit Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Credit Document, or for any failure of any Loan Credit Party or any other party to any Loan Credit Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Credit Document, or to inspect the properties, books or records of Fleetwood any Credit Party or any of its Subsidiaries or Credit Party's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower or any Subsidiary or Affiliate of Fleetwoodthe Borrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books books, or records of Fleetwood the Borrower or any Affiliate of its Subsidiaries or Affiliatesthe Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Metals Usa Inc)

Liability of the Agent. None of the Agent-Related ---------------------- Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the any Borrower or any Subsidiary or Affiliate of Fleetwoodany Borrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Borrower or any of its Subsidiaries or Borrower's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

Liability of the Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them it under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its such Person's own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower or any Subsidiary or Affiliate of Fleetwoodthe Borrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other Subsidiary or Affiliate of the Borrower party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books books, or records of Fleetwood the Borrower or any of its the Borrower's Subsidiaries or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Cec Entertainment Inc)

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Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower or any Subsidiary Loan Party or Affiliate of Fleetwoodany Loan Party, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Loan Party or any of its Subsidiaries or Loan Party's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc/)

Liability of the Agent. None of the Agent-Agent- Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document Operative Agreement or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders Lessors for any recital, statement, representation or warranty made by the Borrower Lessee or any Subsidiary or Affiliate of Fleetwoodthe Lessee, or any officer thereof, contained in this Agreement or in any other Loan DocumentOperative Agreement, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan DocumentOperative Agreement, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan DocumentOperative Agreement, or for any failure of any Loan Party the Lessee or any other party to any Loan Document Operative Agreement to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender Lessor to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan DocumentOperative Agreement, or to inspect the properties, books or records of Fleetwood or the Lessee or any of its the Lessees Subsidiaries or Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Consolidated Freightways Corp)

Liability of the Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), misconduct in connection with its duties expressly set forth herein) or (iib) be responsible in any manner to any of the Lenders Lender or participant for any recital, statement, representation representation, or warranty made by the Borrower or any Subsidiary or Affiliate of Fleetwoodother party to any Loan Document, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books books, or records of Fleetwood the Borrower or any of its Subsidiaries Subsidiary or AffiliatesAffiliate thereof.

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower or any Subsidiary Obligated Party or Affiliate of Fleetwoodany Obligated Party, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Obligated Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books books, or records of Fleetwood any Obligated Party or any of its Subsidiaries or Obligated Party's Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Texas Petrochemical Holdings Inc)

Liability of the Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by the Borrower any Credit Party or any Subsidiary or Affiliate of Fleetwoodany Credit Party, or any officer or director thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Credit Party or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, Books or properties of any Credit Party or the books or records or properties of Fleetwood or any of its Credit Party's Subsidiaries or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Corrections Corp of America/Md)

Liability of the Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by the Borrower or any Subsidiary or Affiliate of Fleetwoodthe Borrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood the Borrower or any of its the Borrower's Subsidiaries or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)

Liability of the Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by the Borrower Loan Parties or any Subsidiary or Affiliate of Fleetwoodthe Loan Parties, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Parties or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Loan Parties or any of its the Loan Party's Subsidiaries or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Parker Drilling Co /De/)

Liability of the Agent. None of the Agent-Related Persons shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower any Obligor or any Subsidiary or Affiliate of Fleetwoodany Obligor, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party or any other party to any Loan Document Obligor to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books books, or records of Fleetwood any Obligor or any Affiliate of its Subsidiaries or Affiliatesany Obligor.

Appears in 1 contract

Samples: Security and Guaranty Agreement (Pershing Square Capital Management, L.P.)

Liability of the Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation representation, or warranty made by the Borrower or any Subsidiary Loan Parties or Affiliate of Fleetwoodthe Loan Parties, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement statement, or other document referred to or provided SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT - PAGE 104 for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Parties or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood any Loan Party or any of its Subsidiaries or Loan Party's Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Pentacon Inc)

Liability of the Agent. None of the Except as otherwise provided herein, no Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth herein), or (iib) be responsible in any manner to any of the Lenders Lender or participant for any recital, statement, representation or warranty made by the Borrower or any Subsidiary or Affiliate of Fleetwood, or any officer thereof, contained in this Agreement herein or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender or participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood Borrower or any of its Subsidiaries or AffiliatesAffiliate thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Anesiva, Inc.)

Liability of the Agent. None of the No Agent-Related Persons Person shall (ia) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), misconduct in connection with its duties expressly set forth herein) or (iib) be responsible in any manner to any of the Lenders Lender or Participant for any recital, statement, representation or warranty made by the Borrower or any Subsidiary or Affiliate of Fleetwoodother party to any Loan Document, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Loan Party the Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender or Participant to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of Fleetwood the Borrower or any of its Subsidiaries Subsidiary or AffiliatesAffiliate thereof.

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

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