Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 539 contracts
Samples: Revolving Credit Agreement (Bunge Global SA), Credit Agreement (Gartner Inc), Credit Agreement (Bunge Global SA)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 377 contracts
Samples: Credit Agreement (NIKE, Inc.), Revolving Credit Agreement (Heico Corp), Credit Agreement (NIKE, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 291 contracts
Samples: Credit Agreement (Ultra Clean Holdings, Inc.), Guarantee Agreement (General Motors Financial Company, Inc.), Guarantee Agreement (Synopsys Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 112 contracts
Samples: Five Year Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc), Loan Agreement (Gruma Sab De Cv)
Delegation of Duties. The Administrative Agent may execute any of its respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it the Administrative Agent with reasonable care.
Appears in 99 contracts
Samples: Credit Agreement, Credit Agreement (Grainger W W Inc), Credit Agreement (Belk Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 80 contracts
Samples: Assignment and Assumption Agreement (Hertz Corp), Assignment and Assumption Agreement (Hertz Corp), Assignment and Assumption Agreement (Hertz Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 53 contracts
Samples: Credit Agreement (Cco Holdings LLC), Term Loan Credit Agreement (Micron Technology Inc), Credit Agreement (Autonation, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Transaction Document by or through agents agents, employees or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-attorney in fact selected by that it selects with reasonable care.
Appears in 46 contracts
Samples: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 45 contracts
Samples: Credit Agreement (Howard Midstream Partners, LP), Credit Agreement (Fusion Telecommunications International Inc), Credit Agreement (Midstates Petroleum Company, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 44 contracts
Samples: Credit Agreement (Evolent Health, Inc.), Revolving Credit Agreement (NXP Semiconductors N.V.), Credit Agreement (Evolent Health, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Credit Agreement and the or any other Loan Documents Credit Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 43 contracts
Samples: Credit Agreement (Baker Hughes Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Aviv Healthcare Properties L.P.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 37 contracts
Samples: Credit Agreement (Minerva Surgical Inc), Credit Agreement (Teligent, Inc.), Credit Agreement (Teligent, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such dutiesfact. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carecare except to the extent otherwise required by Section 8.07.
Appears in 37 contracts
Samples: Term Loan Credit Agreement (PPL Electric Utilities Corp), Credit Agreement (LG&E & KU Energy LLC), Revolving Credit Agreement (PPL Energy Supply LLC)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys selected by it using reasonable care, and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 33 contracts
Samples: Credit Agreement (EnergySolutions, Inc.), Loan Agreement (American Tower Corp /Ma/), Second Lien Credit Agreement (EnergySolutions, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carecare except to the extent otherwise required by section 11.3.
Appears in 28 contracts
Samples: Credit Agreement (Om Group Inc), Credit Agreement (Essef Corp), Credit Agreement (Om Group Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact in‑fact selected by it with reasonable care.
Appears in 27 contracts
Samples: Fourth Amendment (Colony Capital, Inc.), Credit Agreement (Tegna Inc), Syndicated Facility Agreement (MPT Operating Partnership, L.P.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible to the Lenders for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 26 contracts
Samples: Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Credit Agreement, Credit Agreement
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to rely upon the advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 25 contracts
Samples: Credit Agreement (Urstadt Biddle Properties Inc), Term Loan Agreement (New Plan Excel Realty Trust Inc), 364 Day Credit Agreement (Cleco Corp)
Delegation of Duties. The Administrative Agent may execute any -------------------- of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 22 contracts
Samples: Credit Agreement (Radio One Inc), Credit Agreement (Cable Tv Fund 12-C LTD), Credit Agreement (Ifco Systems Nv)
Delegation of Duties. The Administrative Agent and the Collateral Agent may each execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Neither the Administrative Agent nor the Collateral Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 21 contracts
Samples: Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Playtika Holding Corp.), Credit Agreement (Playtika Holding Corp.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 21 contracts
Samples: Credit Agreement (Xponential Fitness, Inc.), Term Loan Credit Agreement (Falconstor Software Inc), Loan and Security Agreement (TPG Pace Holdings Corp.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and each of the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care, except as otherwise provided in subsection 10.3.
Appears in 21 contracts
Samples: Collateral Agreement (Stratus Technologies Bermuda Holdings Ltd.), Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.), Credit Agreement (LL Services Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Transaction Document by or through agents agents, employees or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-attorney in fact selected by that it selects with reasonable care.
Appears in 21 contracts
Samples: Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Senior Investment Corp.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Transaction Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 20 contracts
Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (Business Development Corp of America)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence negligence, willful misfeasance, bad faith or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 19 contracts
Samples: Credit Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Credit Agreement, Credit Agreement
Delegation of Duties. The Administrative Agent may execute any of its duties under this Credit Agreement and the or any other Loan Documents Credit Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 19 contracts
Samples: Credit Agreement (Quest Diagnostics Inc), Revolving Credit Agreement (Polaris Industries Inc/Mn), Interim Credit Agreement (Quest Diagnostics Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carecare except to the extent otherwise required by Section 11.03.
Appears in 17 contracts
Samples: Credit Agreement (Nutraceutical International Corp), Credit Agreement (About, Inc.), Credit Agreement (Primedia Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultant experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 16 contracts
Samples: Construction Loan Agreement (Armada Hoffler Properties, Inc.), Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.), Construction Loan Agreement (Armada Hoffler Properties, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents, sub-agents or attorneys-in-fact fact, and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents, sub-agents or attorneys attorneys-in-fact selected by it with reasonable carecare except to the extent otherwise required by Section 9.03.
Appears in 15 contracts
Samples: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carecare except to the extent otherwise required by Section 11.3.
Appears in 15 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible to the Lenders for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by it with reasonable carethe Administrative Agent in good faith after due inquiry.
Appears in 15 contracts
Samples: Credit Agreement (Metlife Inc), Credit Agreement (Metlife Inc), Credit Agreement (Metlife Inc)
Delegation of Duties. The Managing Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Managing Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 14 contracts
Samples: Credit Agreement (Mastercard Inc), Credit Agreement (Mastercard Inc), Credit Agreement (Mastercard Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents agents, sub-agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents, sub-agents or attorneys attorneys-in-fact selected by it with reasonable carein the absence of gross negligence or willful misconduct (as determined in the final judgment of a court of competent jurisdiction).
Appears in 14 contracts
Samples: Credit Agreement (Denbury Inc), Assignment and Acceptance Agreement (Denbury Resources Inc), Credit Agreement (California Resources Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible to the Lenders for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 12 contracts
Samples: Day Revolving Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Term Loan Credit Agreement (Edison International), Day Revolving Credit Agreement (SOUTHERN CALIFORNIA EDISON Co)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-attorney in fact selected by that it selects with reasonable care.
Appears in 12 contracts
Samples: Credit Agreement (Venoco, Inc.), Credit Agreement (Exploration Co of Delaware Inc), Term Loan Agreement (TXCO Resources Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys inattorneys-fact in‑fact selected by it with reasonable care.
Appears in 12 contracts
Samples: Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (Universal Health Services Inc), Credit Agreement (Universal Health Services Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and Agreement, the other Loan Documents to which it is a party and the Intercreditor and Collateral Agency Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 12 contracts
Samples: Common Agreement, Credit Agreement, Credit Agreement (Digicel Group LTD)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents Papers by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 11 contracts
Samples: Credit Agreement (Qwest Corp), Credit Agreement (Lumen Technologies, Inc.), Credit Agreement (Qwest Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 11 contracts
Samples: Management Agreement (Macerich Co), Management Agreement (Macerich Co), Credit Agreement (Macerich Co)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Loan Agreement and the other Loan Transaction Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 11 contracts
Samples: Loan and Security Agreement (GWG Holdings, Inc.), Loan and Security Agreement (GWG Holdings, Inc.), Loan and Security Agreement (GWG Holdings, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 11 contracts
Samples: Guarantee Agreement, Term Loan Credit Agreement (NBCUniversal Media, LLC), Term Loan Credit Agreement
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence negligence, willful misfeasance, bad faith or misconduct of any agents or attorneys in-fact selected by it with reasonable due care.
Appears in 11 contracts
Samples: Credit Agreement (Columbia Funds Series Trust II), Credit Agreement (Columbia Funds Series Trust I), Credit Agreement (Columbia Funds Series Trust II)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such dutiesfact. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys- in-fact selected by it with reasonable care.care except to the extent otherwise required by Section 8.07. Section 8.04
Appears in 11 contracts
Samples: Loan Credit Agreement (PPL Electric Utilities Corp), Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/), Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carecare except to the extent otherwise required by Section 10.03.
Appears in 11 contracts
Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Ceres Group Inc)
Delegation of Duties. The Each of the Administrative Agent and the Collateral Agent may execute any of its their duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The None of the Administrative Agent and the Collateral Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 11 contracts
Samples: Credit Agreement (Micron Technology Inc), Credit Agreement (Calpine Corp), Credit Agreement (Micron Technology Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, sub-agents, employees or attorneys-in-attorneys in fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-attorney in fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 10 contracts
Samples: Credit Agreement (Titan Energy, LLC), Credit Agreement (Atlas Growth Partners, L.P.), Credit Agreement (Atlas Growth Partners, L.P.)
Delegation of Duties. The Administrative Agent and the Collateral Agent may execute any of its their respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Neither the Administrative Agent nor the Collateral Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 10 contracts
Samples: Credit Agreement (Macerich Co), Credit Agreement (Macerich Co), Joinder Agreement (Macerich Co)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the any other Loan Documents Document by or through employees, agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 10 contracts
Samples: Three Year Credit Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc), Five Year Credit Agreement (Tyson Foods Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact fact, such sub-agents as shall be deemed necessary by the Administrative Agent and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys sub-agent or attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 10 contracts
Samples: Revolving Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Transaction Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents Administrative Agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 10 contracts
Samples: Transfer and Administration Agreement (Arrow Electronics Inc), Transfer and Administration Agreement (Arrow Electronics Inc), Transfer and Release Agreement (Arrow Electronics Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 10 contracts
Samples: Letter of Credit Reimbursement Agreement (Max Re Capital LTD), Credit Agreement (Max Re Capital LTD), Lc Agreement (Max Re Capital LTD)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees, or attorneys-in-fact and shall be is entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such those duties. The Administrative Agent shall will not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 10 contracts
Samples: Credit Agreement (Moneylion Inc.), Credit Agreement (Moneylion Inc.), Credit Agreement (Quest Resource Holding Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects as long as such selection was made without gross negligence or willful misconduct.
Appears in 9 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Mission Resources Corp), Credit Agreement (Kforce Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to rely upon, and shall be fully protected in, and shall not be under any liability for, relying upon, the advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 9 contracts
Samples: Credit Agreement (Building Materials Investment Corp), Credit Agreement (Building Materials Investment Corp), Credit Agreement (Phoenix Companies Inc/De)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 9 contracts
Samples: Security Agreement (Middleby Corp), Security Agreement (Middleby Corp), Pledge Agreement (Middleby Corp)
Delegation of Duties. The Administrative Agent and the Arrangers may execute any of its their respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Neither the Administrative Agent nor the Arrangers shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 9 contracts
Samples: Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys inattorneys-in fact selected by it with reasonable care.
Appears in 9 contracts
Samples: Credit Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc), Senior Secured (Superior Energy Services Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact fact, and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact or counsel selected by it with reasonable care.
Appears in 9 contracts
Samples: Credit and Guarantee Agreement (Sirva Inc), Credit Agreement (Sirva Inc), Credit Agreement (Imagex Com Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the each other Loan Documents Facility Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 9 contracts
Samples: Credit and Security Agreement (Bill.com Holdings, Inc.), Credit and Security Agreement (Sezzle Inc.), Credit and Security Agreement (Sezzle Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-attorneys in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 8 contracts
Samples: Possession Credit Agreement (NBC Acquisition Corp), Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co)
Delegation of Duties. The Administrative Agent may execute any of its duties hereunder or under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 8 contracts
Samples: Credit Agreement (American Water Works Company, Inc.), Term Loan Credit Agreement (American Water Works Company, Inc.), Credit Agreement (American Water Works Company, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 8 contracts
Samples: Term Loan Agreement (Pentair Inc), Credit Agreement (Pentair Inc), Bridge Credit Agreement (Pentair Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to rely upon the advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 8 contracts
Samples: Credit Agreement (Clipper Realty Inc.), Credit Agreement (Urstadt Biddle Properties Inc), Credit Agreement (Urstadt Biddle Properties Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-attorney in fact selected by that it with reasonable careselects as long as such selection was made without gross negligence or willful misconduct.
Appears in 8 contracts
Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Anixter International Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 8 contracts
Samples: Credit Agreement (Inland Real Estate Corp), Credit Agreement (Wells Real Estate Investment Trust Ii Inc), Credit Agreement (Inland Real Estate Corp)
Delegation of Duties. The Administrative Agent may execute any of its respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys selected by it using reasonable care, and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 8 contracts
Samples: Credit Agreement (Western Wireless Corp), Loan Agreement (Cellnet Data Systems Inc), Loan Agreement (Cellnet Data Systems Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible to any Lender for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 8 contracts
Samples: Credit Agreement (Tc Pipelines Lp), Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum Finance Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents (including the Collateral Agent), employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Neither the Administrative Agent nor Collateral Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 8 contracts
Samples: Credit Agreement (PostRock Energy Corp), Credit Agreement (PostRock Energy Corp), Credit Agreement (PostRock Energy Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the each other Loan Documents Transaction Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 8 contracts
Samples: Assignment Agreement (Energizer Holdings Inc), Receivables Purchase Agreement (Beckman Coulter Inc), Receivables Purchase Agreement (Beckman Coulter Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of or any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 7 contracts
Samples: Loan Agreement (Quality Food Centers Inc), Day Credit Agreement (Fred Meyer Inc), Credit Agreement (Fred Meyer Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys‑in‑fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact in‑fact selected by it with reasonable care.
Appears in 7 contracts
Samples: Five Year Credit Agreement (International Business Machines Corp), Three Year Credit Agreement (International Business Machines Corp), Credit Agreement (International Business Machines Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The exculpatory provisions of this Article shall apply to any such agents or attorneys-in-fact and shall apply to each of their respective activities as the Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carein good faith.
Appears in 7 contracts
Samples: Note Purchase Agreement (Dine Brands Global, Inc.), Advance Funding Agreement (European Wax Center, Inc.), Note Purchase Agreement (European Wax Center, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-attorneys- in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 7 contracts
Samples: Credit Agreement (Intelsat LTD), Credit Agreement (NXP Manufacturing (Thailand) Co., Ltd.), Credit Agreement (Intelsat LTD)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-attorneys in fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-attorney in fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 7 contracts
Samples: Loan and Security Agreement (Manitex International, Inc.), Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents, sub-agents or attorneys-in-fact fact, and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 7 contracts
Samples: Term Loan Agreement (Cooper Companies Inc), Term Loan Agreement (Cooper Companies Inc), Credit Agreement (Cooper Companies Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 7 contracts
Samples: Credit Agreement (Markwest Energy Partners L P), Credit Agreement (Markwest Energy Partners L P), Credit Agreement (Markwest Hydrocarbon Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact attorneys selected by it using reasonable care and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible to any Bank for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 7 contracts
Samples: Loan Agreement (Irt Property Co), Master Loan and Inter (Horton D R Inc /De/), Master Loan and Inter (Horton D R Inc /De/)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The exculpatory provisions of this Article shall apply to any such agents or attorneys-in-fact and shall apply to their respective activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carein good faith.
Appears in 6 contracts
Samples: Note Purchase Agreement (Vale Merger Sub, Inc.), Note Purchase Agreement (Yum Brands Inc), Note Purchase Agreement (Dunkin' Brands Group, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Credit Agreement (Marchex Inc), Credit Agreement (Comcast Corp), Credit Agreement (Marchex Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-in fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Credit Agreement (Domtar CORP), Term Loan Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP)
Delegation of Duties. The Each Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Neither Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Credit and Guarantee Agreement (Case Corp), Credit and Guarantee Agreement (Lear Corp Eeds & Interiors), Credit and Guarantee Agreement (Lear Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-attorneys in fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-attorney in fact selected by that it with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 6 contracts
Samples: Credit Agreement (Primoris Services Corp), Credit Agreement (Primoris Services Corp), Loan and Security Agreement (Westmoreland Resource Partners, LP)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Credit Document by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carecare except to the extent otherwise required by Section 10.3.
Appears in 6 contracts
Samples: Credit Agreement (DPL Inc), Term Loan Agreement (American Dental Partners Inc), Credit Agreement (DPL Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to engage and pay for the advice and services of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible to the Lenders for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 6 contracts
Samples: Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Loan Agreement and the or any other Loan Documents Document by or through its agents or attorneys-in-fact fact, and shall be entitled to the advice of counsel concerning all matters pertaining to such dutiesits rights and duties hereunder or under the Loan Documents. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other applicable Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Apparel Holding Corp.), Credit Agreement (Yankee Holding Corp.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The exculpatory provisions of this Article shall apply to any such agents or attorneys-in-fact and shall apply to their respective activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence negligence, bad faith or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable carein good faith.
Appears in 5 contracts
Samples: Note Purchase Agreement (Planet Fitness, Inc.), Note Purchase Agreement (Jack in the Box Inc /New/), Note Purchase Agreement (Wendy's Co)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents Papers by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Centurytel Inc), Credit Agreement (Centurytel Inc), Credit Agreement (Centurytel Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Zhone Technologies Inc), Revolving Credit Agreement (Advanced Fibre Communications Inc), Revolving Credit Agreement (Advanced Fibre Communications Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The exculpatory provisions of this Article shall apply to any such agents or attorneys-in-fact and shall apply to their respective activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct actions of any agents or attorneys attorneys-in-fact selected by it with reasonable carein good faith.
Appears in 5 contracts
Samples: Note Purchase Agreement (Jack in the Box Inc), Note Purchase Agreement (Dominos Pizza Inc), Note Purchase Agreement (Dominos Pizza Inc)
Delegation of Duties. The Administrative Agent may execute any of its -------------------- duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 5 contracts
Samples: Credit Agreement (Aeroflex Inc), Credit Agreement (Act Manufacturing Inc), Guarantee and Collateral Agreement (Lexar Media Inc)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Participation Agreement and the other Loan Operative Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Participation Agreement (Regeneron Pharmaceuticals, Inc.), Participation Agreement (Regeneron Pharmaceuticals, Inc.), Participation Agreement (Regeneron Pharmaceuticals Inc)
Delegation of Duties. The Administrative Agent may execute any of -------------------- its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 4 contracts
Samples: Multicurrency Credit Agreement (Applied Power Inc), Credit Agreement (Earthgrains Co /De/), Credit Agreement (Jacobs Engineering Group Inc /De/)
Delegation of Duties. The Administrative Agent and each Security Agent may execute any of its their respective duties under this Agreement and the other Loan Credit Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent and the Security Agents shall not be responsible for the negligence or misconduct of any of their respective agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Sealy Corp), Credit Agreement (Sealy Corp), Credit Agreement (Sealy Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents Administrative Agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents Administrative Agents or attorneys in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Monarch Machine Tool Co), Credit and Guarantee Agreement (Reebok International LTD), Credit and Guarantee Agreement (Reebok International LTD)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys inattorney-in- fact selected by that it selects with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Term Loan Agreement (Mattel Inc /De/)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative No Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Credit Agreement and the or any other Loan Documents Financing Document by or through agents agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible to the Financing Parties or the Borrower for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected by that it selects with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (NRG Yield, Inc.), Credit Agreement (NRG Yield, Inc.)
Delegation of Duties. The Administrative Agent may -------------------- execute any of its respective duties under this Agreement and the other Loan Documents by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents or attorneys attorneys-in-fact selected by it the Administrative Agent with reasonable care.
Appears in 4 contracts
Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/), Credit Agreement (Planvista Corp), Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the or any other Loan Documents Document by or through agents agents, employees or attorneys-in-attorneys in fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agents agent or attorneys in-attorney in fact selected by that it with reasonable careselects as long as such selection was made without gross negligence or willful misconduct.
Appears in 4 contracts
Samples: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (New World Restaurant Group Inc)
