Notification of Lenders. Each Lender agrees to use commercially reasonable efforts (but no Lender shall have liability to any other Lender or Administrative Agent for failure to use such commercially reasonable efforts, unless such failure is due to a Lender's willful misconduct in not using such commercially reasonable efforts), upon becoming actually aware of anything which has or is reasonably likely to have a Material Adverse Effect on any Covered Person, including any Guarantor, to promptly notify Administrative Agent thereof. Administrative Agent shall promptly deliver to each Lender copies of every written notice, demand, report (including any financial report), or other writing which Administrative Agent gives to or receives from Borrower or any Lender, or of which Administrative Agent, in its capacity as a Lender otherwise becomes actually aware, and which itself (a) constitutes, or which contains information about, something that has or is reasonably likely to have a Material Adverse Effect on any Covered Person, including any Guarantor, or (b) is otherwise delivered to Administrative Agent by Borrower pursuant to the Loan Documents and is deemed material information by Administrative Agent in its sole discretion. Any Lender may specifically request certain information regarding any Covered Person which it reasonably believes is in the possession of Administrative Agent. Administrative Agent and its directors, officers, agents, and employees shall have no liability to any Lender for failure to deliver any such item to such Lender unless the failure constitutes gross negligence or willful misconduct.
Appears in 3 contracts
Sources: Credit Facilities Agreement (Pomeroy It Solutions Inc), Credit Facilities Agreement (Gtsi Corp), Credit Facilities Agreement (Pomeroy Computer Resources Inc)
Notification of Lenders. Each Lender agrees to use commercially reasonable efforts (but no Lender shall have liability to any other Lender or Administrative Agent Agents for failure to use such commercially reasonable efforts, unless such failure is due to a Lender's ’s willful misconduct in not using such commercially reasonable efforts), upon becoming actually aware of anything which has or is reasonably likely to have a Material Adverse Effect on the Resellers, the Parent Guarantor or any Covered PersonDomestic Subsidiary, including any Guarantor, to promptly notify Administrative Agent Agents thereof. Administrative Agent Agents shall promptly deliver to each Lender copies of every written notice, demand, report (including any financial report), or other writing which Administrative Agent gives Agents give to or receives receive from Borrower Resellers or any Lender, or of which Administrative AgentCPC, in its capacity as a Lender otherwise becomes actually aware, and which itself (a) constitutes, or which contains information about, something that has or is reasonably likely to have a Material Adverse Effect on the Resellers, the Parent Guarantor or any Covered PersonDomestic Subsidiary, including any Guarantor, or (b) is otherwise delivered to Administrative Agent Agents by Borrower Resellers pursuant to the Loan Documents and is deemed material information by Administrative Agent Agents in its their sole discretion. Any Lender may specifically request certain information regarding the Resellers, the Parent Guarantor or any Covered Person Domestic Subsidiary which it reasonably believes is in the possession of Administrative AgentAgents. Administrative Agent Agents and its directors, officers, agents, and employees shall have no liability to any Lender for failure to deliver any such item to such Lender unless the failure constitutes gross negligence or willful misconduct.
Appears in 3 contracts
Sources: Credit Agreement (Insight Enterprises Inc), Credit Agreement (Insight Enterprises Inc), Credit Agreement (Insight Enterprises Inc)
Notification of Lenders. Each Lender agrees to use commercially reasonable efforts (but no Lender shall have liability to any other Lender or Administrative Agent Agents for failure to use such commercially reasonable efforts, unless such failure is due to a Lender's ’s willful misconduct in not using such commercially reasonable efforts), upon becoming actually aware of anything which has or is reasonably likely to have a Material Adverse Effect on any Covered Person, including any Guarantor, to promptly notify Administrative Agent Agents thereof. Administrative Agent Agents shall promptly deliver to each Lender copies of every written notice, demand, report (including any financial report), or other writing which Administrative Agent gives Agents give to or receives receive from Borrower Reseller or any Lender, or of which Administrative AgentCPC, in its capacity as a Lender otherwise becomes actually aware, and which itself (a) constitutes, or which contains information about, something that has or is reasonably likely to have a Material Adverse Effect on any Covered Person, including any Guarantor, or (b) is otherwise delivered to Administrative Agent Agents by Borrower Reseller pursuant to the Loan Documents and is deemed material information by Administrative Agent Agents in its their sole discretion. Any Lender may specifically request certain information regarding any Covered Person which it reasonably believes is in the possession of Administrative AgentAgents. Administrative Agent Agents and its directors, officers, agents, and employees shall have no liability to any Lender for failure to deliver any such item to such Lender unless the failure constitutes gross negligence or willful misconduct.
Appears in 2 contracts
Sources: Credit Agreement (Gtsi Corp), Credit Agreement (Gtsi Corp)
Notification of Lenders. Each Lender agrees to use commercially reasonable efforts (but no Lender shall have liability to any other Lender or Administrative Agent for failure to use such commercially reasonable efforts, unless such failure is due to a Lender's ’s willful misconduct in not using such commercially reasonable efforts), upon becoming actually aware of anything which has or is reasonably likely to have a Material Adverse Effect on any Covered Person, including any Guarantor, to promptly notify Administrative Agent thereof. Administrative Agent shall promptly deliver to each Lender copies of every written notice, demand, report (including any financial report), or other writing which Administrative Agent gives to or receives from Borrower or any Lender, or of which Administrative Agent, in its capacity as a Lender otherwise becomes actually aware, and which itself (a) constitutes, or which contains information about, something that has or is reasonably likely to have a Material Adverse Effect on any Covered Person, including any Guarantor, or (b) is otherwise delivered to Administrative Agent by Borrower pursuant to the Loan Documents and is deemed material information by Administrative Agent in its sole discretion. Any Lender may specifically request certain information regarding any Covered Person which it reasonably believes is in the possession of Administrative Agent. Administrative Agent and its directors, officers, agents, and employees shall have no liability to any Lender for failure to deliver any such item to such Lender unless the failure constitutes gross negligence or willful misconduct.
Appears in 1 contract
Sources: Credit Facilities Agreement (MTM Technologies, Inc.)
Notification of Lenders. Each Lender agrees to use commercially reasonable efforts (but no Lender shall have liability to any other Lender or Administrative Agent Agents for failure to use such commercially reasonable efforts, unless such failure is due to a Lender's willful misconduct in not using such commercially reasonable efforts), upon becoming actually aware of anything which has or is reasonably likely to have a Material Adverse Effect on any Covered Person, including any Guarantor, to promptly notify Administrative Agent Agents thereof. Administrative Agent Agents shall promptly deliver to each Lender copies of every written notice, demand, report (including any financial report), or other writing which Administrative Agent gives Agents give to or receives receive from Borrower Reseller or any Lender, or of which Administrative AgentCPC, in its capacity as a Lender otherwise becomes actually aware, and which itself (a) constitutes, or which contains information about, something that has or is reasonably likely to have a Material Adverse Effect on any Covered Person, including any Guarantor, or (b) is otherwise delivered to Administrative Agent Agents by Borrower Reseller pursuant to the Loan Documents and is deemed material information by Administrative Agent Agents in its their sole discretion. Any Lender may specifically request certain information regarding any Covered Person which it reasonably believes is in the possession of Administrative AgentAgents. Administrative Agent Agents and its directors, officers, agents, and employees shall have no liability to any Lender for failure to deliver any such item to such Lender unless the failure constitutes gross negligence or willful misconduct.
Appears in 1 contract
Sources: Credit Agreement (Gtsi Corp)