Common use of Nature of Duties Clause in Contracts

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security Agreement. Neither the Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 6 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Ace LTD), Credit Agreement (Radian Group Inc)

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Nature of Duties. The Agent shall not have any no duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or thereinherein.

Appears in 6 contracts

Samples: Credit Agreement (Staff Leasing Inc), And Assumption Agreement (Vantas Inc), Credit Agreement (Video Update Inc)

Nature of Duties. The (a) No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the No Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent Agents shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the on any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 5 contracts

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 5 contracts

Samples: Credit Agreement (Florsheim Shoe Co /De/), Pledge Agreement (Hosiery Corp of America Inc), Credit Agreement (Universal Outdoor Inc)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the Agent nor any of its officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 4 contracts

Samples: Credit Agreement (Atc Group Services Inc /De/), Credit Agreement (Sitel Corp), Credit Agreement (Power Ten)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Revolving Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 4 contracts

Samples: Credit Agreement (H-R Window Supply Inc), Credit Agreement (Atrium Companies Inc), Credit Agreement (Northwest Airlines Corp)

Nature of Duties. The Agent shall not have any no duties or responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or thereinherein.

Appears in 4 contracts

Samples: Credit Agreement (American Homepatient Inc), Credit Agreement (Capstone Pharmacy Services Inc), Credit Agreement (American Homepatient Inc)

Nature of Duties. The No Agent shall not have any duties or ---------------- responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the any Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 3 contracts

Samples: Credit Agreement (Extended Stay America Inc), Credit Agreement (Extended Stay America Inc), Security Agreement (Extended Stay America Inc)

Nature of Duties. The Agent shall not have any no duties or responsibilities except other than those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the Agent nor any of its officers, directors, employees or agents or employees shall be liable for any action taken or omitted by it or them as such hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations or liabilities in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 3 contracts

Samples: Credit Agreement (Summit Holding Southeast Inc), Credit Agreement (Summit Holding Southeast Inc), Credit Agreement (Summit Holding Southeast Inc)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the No Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 3 contracts

Samples: Credit Agreement (Alpine Group Inc /De/), Pledge Agreement (Extended Stay America Inc), Credit Agreement (Alpine Group Inc /De/)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither None of the Agent Agents nor any of its their respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their such Person's gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Credit Agreement (Fairchild Semiconductor Corp), Credit Agreement (FSC Semiconductor Corp)

Nature of Duties. The Agent shall not have any no duties or ---------------- responsibilities except those expressly set forth in this Agreement and the Security AgreementTransaction Documents. Neither the Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Transaction Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Transaction Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Transaction Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Transaction Document except as expressly set forth herein or thereinherein.

Appears in 2 contracts

Samples: Credit Agreement (Wireless Facilities Inc), Credit Agreement (Wireless Facilities Inc)

Nature of Duties. The Agent shall not have any no duties or responsibilities except other than those expressly set forth in this Agreement and the Security Agreementother Loan Documents. Neither the Agent nor any of its officers, directors, employees or agents or employees shall be liable for any action taken or omitted by it or them as such hereunder or under any other Credit Loan Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Loan Document a fiduciary relationship in respect of any Bank Lender or the holder of any Revolving Credit/Term Note; and nothing in this Agreement or any other Credit Loan Document, expressed express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations or liabilities in respect of this Agreement or any other Credit Loan Document except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Loan Agreement (Renal Treatment Centers Inc /De/), Loan Agreement (Renal Treatment Centers Inc /De/)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither None of the Agent Agents nor any of its their respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their the respective such Person's gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Credit Agreement (Eye Care Centers of America Inc), Credit Agreement (Eye Care Centers of America Inc)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the any Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or thereinherein.

Appears in 2 contracts

Samples: Credit Agreement (Hq Global Holdings Inc), Credit Agreement (Frontline Capital Group)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the No Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent Agents shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Revolving Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the on any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Credit Agreement (Host Marriott Corp/), Credit Agreement (Host Marriott L P)

Nature of Duties. The (a) No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the No Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent Agents shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Revolving Note or Term Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the on any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Credit Agreement (Host Hotels & Resorts, Inc.), Credit Agreement (Host Hotels & Resorts L.P.)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security Agreement. Neither the Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Credit Agreement (Financial Security Assurance Holdings LTD), Credit Agreement (Financial Security Assurance Holdings LTD/Ny/)

Nature of Duties. The (a) No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the No Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent Agents shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Revolving Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the on any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 2 contracts

Samples: Management Agreement (Host Hotels & Resorts L.P.), Management Agreement (Host Hotels & Resorts, Inc.)

Nature of Duties. The Agent shall not have any no duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their 111 CREDIT AGREEMENT gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or thereinherein.

Appears in 1 contract

Samples: Credit Agreement (Thane International Inc)

Nature of Duties. The Agent shall not have any no duties or responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any NoteLoan; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or thereinherein.

Appears in 1 contract

Samples: Credit Agreement (American Homepatient Inc)

Nature of Duties. The Agent shall not have any no duties or responsibilities except those expressly set forth in this Agreement and the Security Agreement. Neither the Agent nor any of its officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their the gross negligence or willful misconductmisconduct of the Agent. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (American Italian Pasta Co)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the No Agent nor any of its officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Furniture Brands International Inc)

Nature of Duties. The No Agent shall not have any duties or ---------------- responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the any Agent nor any of its their respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Corporate Express Inc)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the any Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Host Marriott Corp/Md)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementOther Credit Documents. Neither the No Agent nor or any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the either Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or thereintherein with respect to such Agent.

Appears in 1 contract

Samples: Credit Agreement (Wang Laboratories Inc)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Loan Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Loan Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Loan Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Loan Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Peebles Inc)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Universal Compression Holdings Inc)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the Agent nor any of its officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Neff Corp)

Nature of Duties. The Agent shall not have any no duties or ---------------- responsibilities except those expressly set forth in this Agreement and the Security Agreementother Loan Documents. Neither the Agent nor any of its officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Loan Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Loan Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Loan Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Loan Document except as expressly set forth herein or thereinherein.

Appears in 1 contract

Samples: Agreement (Physician Health Corp)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Autotote Corp)

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Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the any Agent nor any of its their respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Nature of Duties. The Agent Agents shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the No Agent nor or any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent Agents shall be mechanical and administrative in nature; the Agent Agents shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent Agents any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Amtrol Inc /Ri/)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the No Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent Agents shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the on any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Host Marriott L P)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the No Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent Agents shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Starwood Lodging Corp)

Nature of Duties. The Agent shall not have any duties or ---------------- responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Loan Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful wilful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Loan Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Loan Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Loan Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (HCC Industries International)

Nature of Duties. The Agent shall not have any duties or ---------------- responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Alco Standard Corp)

Nature of Duties. The respective Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the respective Agent nor or any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the respective Agent shall be mechanical and administrative in nature; the respective Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Pledge Agreement (Fairpoint Communications Inc)

Nature of Duties. The Agent shall not have any no duties or responsibilities except other than those expressly set forth in this Agreement and the Security Agreementother Loan Documents. Neither the Agent nor any of its officers, directors, employees or agents or employees shall be liable for any action taken or omitted by it or them as such hereunder or under any other Credit Loan Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Loan Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Loan Document, expressed express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations or liabilities in respect of this Agreement or any other Credit Loan Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Envoy Corp /Tn/)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the Agent nor any of its their respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the neither Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the either Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Dominicks Supermarkets Inc)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Term Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Term Loan Agreement (Autotote Corp)

Nature of Duties. The Agent shall not have any no duties or ---------------- responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the Agent nor any of its officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or thereinherein.

Appears in 1 contract

Samples: Credit Agreement (Physician Health Corp)

Nature of Duties. The Agent shall not have any duties or responsibilities except other than those expressly set forth in this Agreement and the Security Agreementother Loan Documents. Neither the Agent nor any of its officers, directors, employees or agents or employees shall be liable for any action taken or omitted by it or them as such hereunder or under any other Credit Loan Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Loan Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Loan Document, expressed express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations or liabilities in respect of this Agreement or any other Credit Loan Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Guaranty National Corp)

Nature of Duties. The Each Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither None of the Agent Agents nor any of its their respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the each Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Northwest Airlines Corp)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Term Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Neodata Services Inc)

Nature of Duties. The Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the Agent nor any of its respective officers, directors, agents or employees shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Tracor Inc /De)

Nature of Duties. The Agent shall not have any duties or ------------------ responsibilities except those expressly set forth in this Agreement and the Security Agreementother Loan Documents. Neither the Agent nor or any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Loan Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Loan Document a fiduciary relationship in respect of any Bank Lender or the any holder of any the Note; and nothing in this Agreement or any other Credit Loan Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Loan Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Loan Agreement (Tech Electro Industries Inc/Tx)

Nature of Duties. The Agent shall not have any duties or ---------------- responsibilities except those expressly set forth in this Agreement and in the Security Agreementother Credit Documents. Neither the Agent nor any of its respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Warrant Agreement (Autotote Corp)

Nature of Duties. The Agent Agents shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security Agreementother Credit Documents. Neither the No Agent nor any of its officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent Agents shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any Agent, any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Credit Agreement (Moore Corporation LTD)

Nature of Duties. The Agent shall not have any no duties or responsibilities except other than those expressly set forth in this Agreement and the Security Agreementother Loan Documents. Neither the Agent nor any of its officers, directors, employees or agents or employees shall be liable for any action taken or omitted by it or them as such hereunder or under any other Credit Loan Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Credit Loan Document a fiduciary relationship in respect of any Bank Lender or the holder of any Note; and nothing in this Agreement or any other Credit Loan Document, expressed express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations or liabilities in respect of this Agreement or any other Credit Loan Document except as expressly set forth herein or therein.:

Appears in 1 contract

Samples: Credit Agreement (Shop Vac Corp)

Nature of Duties. The No Agent shall not have any duties or responsibilities except those expressly set forth in this Agreement and the Security AgreementDocuments. Neither the any Agent nor any of its their respective officers, directors, agents agents, employees or employees affiliates shall be liable for any action taken or omitted by it or them hereunder or under any other Credit Document or in connection herewith or therewith, unless caused by its or their gross negligence or willful misconduct. The duties of the each Agent shall be mechanical and administrative in nature; the no Agent shall not have by reason of this Agreement or any other Credit Document a fiduciary relationship in respect of any Bank or the holder of any Note; and nothing in this Agreement or any other Credit Document, expressed or implied, is intended to or shall be so construed as to impose upon the any Agent any obligations in respect of this Agreement or any other Credit Document except as expressly set forth herein or therein.

Appears in 1 contract

Samples: Security Agreement (Howmet Corp /New/)

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