Responsibility of the Agent. The Agent takes no responsibility for the truth of any covenants, representations or undertakings given or made herein or for the validity, effectiveness, adequacy, legality or enforceability of this Agreement or any of the Security Documents. Neither the Agent nor any of its directors, officers, employees or attorneys-in-fact shall be responsible for any action taken or omitted to be taken by it or them under or in connection herewith, except for its or their own gross negligence or willful misconduct.
Responsibility of the Agent. The Agent shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by the Agent in writing. The Agent shall not be liable for any error in judgment or mistake at law for any loss suffered by the Fund in connection with any matters to which this Agreement relates, but nothing herein contained shall be construed to protect the Agent against any liability by reason of willful misfeasance, willful misconduct, or negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Agent in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of:
Responsibility of the Agent. The duties and obligations of the Agent under this Agreement are only those expressly set forth in this Agreement. The Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified by the Borrower, of such fact, or has been notified by a Lender that such Lender considers that a Default or an Event of Default has occurred and is continuing, and such Lender shall specify in detail the nature thereof in writing. The Agent shall provide each Lender with copies of such documents received by the Agent from the Borrower as such Lender may reasonably request.
Responsibility of the Agent. The Companies hereby designate AEPSC as their Agent for the purpose of:
Responsibility of the Agent. The duties and obligations of the Agent under this Agreement are only those expressly set forth in this Agreement. The Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing unless it has actual knowledge, or has been notified in writing by the Borrower, of such fact, or has been notified by a Bank in writing that such Bank considers that a Default or an Event of Default has occurred and is continuing, and such Bank shall specify in detail the nature thereof in writing. The Agent shall not be liable hereunder for any action taken or omitted to be taken except for its own gross negligence or wilful misconduct as determined by a final, non-appealable judicial order of a court of competent jurisdiction. The Agent shall provide each Bank with copies of such documents received from the Borrower as such Bank may reasonably request.
Responsibility of the Agent. The obligations of the Agent to the Lenders under each Loan Document are only those expressly set forth in such Loan Document, subject as otherwise provided in this Article Thirteen. The Agent shall not have any fiduciary obligation to any Lender. The Agent shall only have those contractual obligations expressly set forth in each Loan Document. The Agent shall not have any duty or obligation to investigate whether a Default or an Event of Default has occurred. The Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing, unless any officer of the Agent charged with the administration of the Loan Documents has actual knowledge or has been notified by a Borrower of such fact or has been notified by a Lender that such Lender considers that a Default or Event of Default has occurred and is continuing, such notification to specify in detail the nature thereof.
Responsibility of the Agent. As soon as practicable after this Agreement becomes effective, the Parties shall designate an Agent for the purpose of:
Responsibility of the Agent. The Companies hereby designate CSWS as their Agent for the purpose of:
Responsibility of the Agent. 18.3.1 The Agent shall have only those duties obligations and responsibilities which are expressly specified in this Agreement.
Responsibility of the Agent. The obligations of the Agent to the Secured Parties under each Loan Document to which the Agent is party are only those expressly set forth in such Loan Document, subject as otherwise provided in this Article 11. The Agent shall have no fiduciary obligation to any Secured Party. The Agent shall only have those contractual obligations expressly set forth in each Loan Document to which the Agent is party and no other duties, responsibilities, covenants or obligations shall be inferred or implied against the Agent. The Agent shall not be required to expend or risk any of its own funds or otherwise incur any liability, financial or otherwise, in the performance of any of its duties hereunder or in the exercise of any of its rights or powers. The Agent shall have no duty or obligation to investigate whether any Default has occurred or is continuing. The Agent shall be entitled to assume that no Default has occurred and is continuing, unless any officer of the Agent charged with the administration of the Loan Documents has actual knowledge or has been notified by a Borrower of such fact or has been notified by a Lender that such Lender considers that a Default has occurred and is continuing, such notification to specify in detail the nature thereof.
