Common use of Liability of the Agents Clause in Contracts

Liability of the Agents. None of the Agents nor the respective directors, officers, agents, representatives and employees of such parties shall (a) be liable to any Lender for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Transaction Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (b) be responsible in any manner to any of the Secured Parties or any other Person for any recital, statement, representation or warranty made by the Borrower or any Affiliate of the Borrower, or any officer thereof, contained in this Agreement or in any other Transaction Document, or in any certificate, report, statement or other document referred to or provided for in, or received by any Agent under or in connection with, this Agreement or any other Transaction Document, or for the value of or title to any Collateral, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Transaction Document, or for any failure of the Borrower or any other party to any Transaction Document to perform its obligations hereunder or thereunder. None of the Agents or any Agent-Related Person shall be under any obligation to any 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 Transaction Document, or to inspect the Properties, books or records of the Borrower or any Affiliate of the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)

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Liability of the Agents. None of the Agents nor the respective directors, officers, agents, representatives and employees of such parties Agent-Related Persons shall (a) be liable to any Lender for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Transaction 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 (b) be responsible in any manner to any of the Secured Parties Credit Provider or any other Person Participant for any recital, statement, representation representation, or warranty made by the Borrower any Obligated Party or any Affiliate of the Borrowerany Obligated Party, or any officer thereof, contained in this Agreement or in any other Transaction Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by any the Collateral Agent or the Administrative Agent under or in connection with, this Agreement or any other Transaction Loan Document, or for the value of or title to any Collateral, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Transaction Loan Document, or for any failure of the Borrower any Obligated Party or any other party to any Transaction Loan Document to perform its obligations hereunder or thereunder. None of the Agents or any No Agent-Related Person shall be under any obligation to any Secured Party 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 Transaction Loan Document, or to inspect the Propertiesproperties, books books, or records of the Borrower any Obligated Party or any Affiliate of the BorrowerObligated Party’s Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ahern Rentals Inc), Loan and Security Agreement (Ahern Rentals Inc)

Liability of the Agents. None of the Agents nor the respective directors, officers, agents, representatives and employees of such parties No Agent-Related Person shall (a) be liable to any Lender for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Transaction Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconductmisconduct in connection with its duties expressly set forth 107 113 herein), or (b) be responsible in any manner to any of the Secured Parties Lender Party or any other Person participant for any recital, statement, representation or warranty made by the Borrower or any Affiliate of the Borrower, Loan Party or any officer thereof, contained in this Agreement herein or in any other Transaction Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by any the Administrative Agent under or in connection with, this Agreement or any other Transaction Loan Document, or for the value of or title to any Collateral, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Transaction Loan Document, or for any failure of the Borrower any Loan Party or any other party to any Transaction Loan Document to perform its obligations hereunder or thereunder. None of the Agents or any No Agent-Related Person shall be under any obligation to any Secured Lender Party 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 Transaction Loan Document, or to inspect the Propertiesproperties, books or records of the Borrower any Loan Party or any Affiliate of the Borrowerthereof.

Appears in 1 contract

Samples: Credit Agreement (Advance Paradigm Inc)

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Liability of the Agents. None of the Agents nor the or any of their respective directors, officers, agents, representatives and employees of such parties Related Persons shall (a) be liable to any Lender for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Transaction Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct, as determined pursuant to a final, non-appealable order of a court of competent jurisdiction), or (b) be responsible in any manner to any of the Secured Parties or any other Person Lenders for any recital, statement, representation representation, or warranty made by the Borrower any Loan Party or any Affiliate of the Borrowerany Loan Party, or any officer thereof, contained in this Agreement or in any other Transaction Loan Document, or in any certificate, report, statement statement, or other document referred to or provided for in, or received by any an Agent under or in connection with, this Agreement or any other Transaction Loan Document, or for the value of or title to any Collateral, or the validity, effectiveness, genuineness, enforceability enforceability, or sufficiency of this Agreement or any other Transaction Loan Document, or for any failure of the Borrower any Loan Party or any other party to any Transaction Loan Document to perform its obligations hereunder or thereunder. None of the Agents or any Agent-of their respective Related Person Persons shall be under any obligation to any Secured Party 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 Transaction Loan Document, or to inspect the Propertiesproperties, books books, or records of the Borrower any Loan Party or any Affiliate of the BorrowerLoan Party’s Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (EveryWare Global, Inc.)

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