Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 17 contracts
Samples: Credit Agreement (Hammerhead Energy Inc.), Credit Agreement (Hammerhead Energy Inc.), Credit Agreement (Enerflex Ltd.)
Duties and Obligations. Neither the The Agent nor and any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 10 contracts
Samples: Term Credit Agreement (ENERPLUS Corp), Credit Agreement (Penn West Petroleum Ltd.), Credit Agreement (Harvest Operations Corp.)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful willful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 4 contracts
Samples: Credit Agreement (Potash Corp of Saskatchewan Inc), Credit Agreement (Potash Corp of Saskatchewan Inc), Credit Agreement (Potash Corp of Saskatchewan Inc)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct, as determined in a final, non-appealable judgment by a court of competent jurisdiction. Without limiting the generality of the foregoing, the Agent:
Appears in 3 contracts
Samples: Credit Agreement (Greenfire Resources Ltd.), Credit Agreement (Obsidian Energy Ltd.), Credit Agreement (Obsidian Energy Ltd.)
Duties and Obligations. Neither the The Agent nor or any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful willful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 3 contracts
Samples: Credit Agreement (Protective Products of America, Inc.), Credit Agreement (Protective Products of America, Inc.), Credit Agreement (Protective Products of America, Inc.)
Duties and Obligations. Neither the The Agent nor and any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconductmisconduct as determined in the final non-appealable judgment of a court of competent jurisdiction. Without limiting the generality of the foregoing, the Agent:
Appears in 2 contracts
Samples: Credit Agreement (Harvest Operations Corp.), Credit Agreement (Harvest Operations Corp.)
Duties and Obligations. Neither the No Lender (nor Agent in its capacity as Agent) nor any of its respective directors, officers, agents employees, agents, Affiliates or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) Subsidiaries shall be liable to the other Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement or any other Loan Document except for its or their own gross negligence or wilful willful or illegal misconduct. Without limiting limitation of the generality of the foregoing, among the Lenders, each Lender (including Agent in its capacity as Agent:)
Appears in 2 contracts
Samples: Revolving Credit Construction Loan Agreement (Wci Communities Inc), Credit Construction Loan Agreement (Wci Communities Inc)
Duties and Obligations. Neither the The Agent nor or any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconduct, as determined by a final, non-appealable judgment of a court of competent jurisdiction. Without limiting the generality of the foregoing, the Agent:
Appears in 2 contracts
Samples: Credit Agreement (Obsidian Energy Ltd.), Credit Agreement (Obsidian Energy Ltd.)
Duties and Obligations. Neither the The Agent nor or any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Samples: Credit Agreement
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconductmisconduct as determined by a court of competent jurisdiction in a final, non-appealable judgment. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Duties and Obligations. Neither the No Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the applicable Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the each Agent:
Appears in 1 contract
Samples: Credit Agreement (Nexen Inc)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconductwillful misconduct or breach of the Loan Documents. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Samples: Credit Agreement (North American Energy Partners Inc.)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Samples: Agreement (Baytex Energy Corp.)
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconductmisconduct (as determined by a final non-appealable judgment of a court of competent jurisdiction). Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Duties and Obligations. Neither the The Agent nor or any of its directors, officers, agents or employees (and, for purposes hereof, the Agent shall will be deemed to be contracting as agent and trustee for and on behalf of such personsPersons) shall will not be liable to the Lenders any Lender for any action taken or omitted to be taken by it or them under or in connection with this Agreement the Documents, except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract
Samples: Agreement
Duties and Obligations. Neither the Agent nor any of its directors, officers, agents or employees (and, for purposes hereof, ; the Agent shall be deemed to be contracting as agent and trustee for and on behalf of such persons) shall be liable to the Lenders for any action taken or omitted to be taken by it or them under or in connection with this Agreement except for its or their own gross negligence or wilful misconduct. Without limiting the generality of the foregoing, the Agent:
Appears in 1 contract