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 558 contracts
Sources: Revolving Credit Agreement (Bunge Global SA), Second Amendment Agreement (OPENLANE, Inc.), Revolving 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 383 contracts
Sources: Credit Agreement (NIKE, Inc.), 364 Day Credit Agreement (NIKE, Inc.), 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 315 contracts
Sources: Term Loan Credit Agreement (NorthWestern Energy Group, Inc.), Second Amendment (RE/MAX Holdings, Inc.), Credit Agreement (Blue Owl Capital 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
Sources: 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 101 contracts
Sources: Senior Unsecured Revolving Credit Agreement, Term Loan Agreement, Credit Agreement (Grainger W W 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 83 contracts
Sources: Credit Agreement (Lazard, Inc.), Issuer Facility Agreement (Hertz Corp), Issuer Facility 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 63 contracts
Sources: Delayed Draw Term Loan Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/), Credit Agreement (Cco Holdings LLC)
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 50 contracts
Sources: Credit Agreement (Evolent Health, Inc.), Exchange Agreement (Evolent Health, Inc.), Credit Agreement (HCA Healthcare, 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 45 contracts
Sources: 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 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 44 contracts
Sources: 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 41 contracts
Sources: Credit Agreement (Minerva Surgical Inc), First Lien Credit Agreement (Teligent, Inc.), Second Lien Credit Agreement (Teligent, 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 for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 33 contracts
Sources: Amendment Agreement (EnergySolutions, Inc.), Loan Agreement (Rural Cellular Corp), Amendment Agreement (EnergySolutions, 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 28 contracts
Sources: Credit Agreement (Colony Capital, Inc.), Competitive Advance and Revolving 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 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 27 contracts
Sources: 364 Day Credit Agreement (Cleco Power LLC), 364 Day Credit Agreement (Cleco Corp), Secured Term Loan Agreement (New Plan Excel Realty Trust 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 the Lenders for the negligence or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 27 contracts
Sources: Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), 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 or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 22 contracts
Sources: Credit Agreement (Intira Corp), Credit Agreement (Hanover Compressor Co /), Credit Agreement (Asi Solutions 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 21 contracts
Sources: 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
Sources: Second Lien Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.), Second Lien Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.), Senior Secured Credit Agreement (LL Services 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 selects with reasonable care.
Appears in 19 contracts
Sources: Credit Agreement (Quest Diagnostics Inc), Revolving Credit Agreement (Pan Pacific Retail Properties Inc), Credit Agreement (Quest Diagnostics 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 negligence, willful misfeasance, bad faith or misconduct of any agents or attorneys in-fact selected by it with reasonable care.
Appears in 19 contracts
Sources: 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 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
Sources: 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 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
Sources: 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, 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
Sources: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (Circor International 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
Sources: 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 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
Sources: 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 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
Sources: 364 Day Revolving Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Term Loan Credit Agreement (Edison International), 364 Day Revolving Credit Agreement (SOUTHERN CALIFORNIA EDISON Co)
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
Sources: Credit Agreement, Credit Agreement, Tranche I Credit Agreement (Digicel Group LTD)
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 12 contracts
Sources: Loan and Security Agreement, 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 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 12 contracts
Sources: Credit Agreement (Moneylion Inc.), Credit Agreement (Quest Resource Holding Corp), Credit Agreement (Moneylion 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 with reasonable careselects in the absence of gross negligence or willful misconduct.
Appears in 11 contracts
Sources: Credit Agreement (Middleby Corp), Credit Agreement (Middleby Corp), Credit Agreement (Middleby 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 in the absence of gross negligence or willful misconduct.
Appears in 11 contracts
Sources: Credit Agreement (International Assets Holding Corp), 364 Day Revolving Credit Agreement (Comcast Corp), 364 Day Revolving Credit Agreement (Comcast Cable 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 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
Sources: Credit 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 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 11 contracts
Sources: Credit Agreement (Tyson Foods Inc), 364 Day Credit Agreement (Tyson Foods Inc), 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 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
Sources: Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/)
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
Sources: 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
Sources: Credit Agreement (Macerich Co), Credit Agreement (Macerich Co), Revolving Loan Facility Credit Agreement (Macerich Co)
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
Sources: Credit Agreement (Columbia Funds Series Trust I), Credit Agreement (Columbia Funds Series Trust II), 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 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
Sources: 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 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
Sources: Credit Agreement (Macerich Co), Credit Agreement (Macerich Co), Joinder Agreement (Macerich Co)
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 10 contracts
Sources: Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp), Fifth Amended and Restated Credit Agreement (Genesis Energy Lp)
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
Sources: 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 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
Sources: Credit Agreement (Mission Resources Corp), Credit Agreement (Kforce Inc), Credit Agreement (Kforce 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 9 contracts
Sources: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv 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 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
Sources: Credit Agreement (Building Materials Investment Corp), Credit Agreement (Furon Co), Credit Agreement (Building Materials Investment 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 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
Sources: Credit Agreement (Imagex Com Inc), Credit Agreement (Sirva Inc), Credit and Guarantee Agreement (Sirva 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 inattorneys-in fact selected by it with reasonable care.
Appears in 9 contracts
Sources: Amendment No. 5 (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc), Senior Secured Debtor in Possession Credit Agreement (Superior Energy Services Inc)
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
Sources: 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 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
Sources: 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 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
Sources: Secured Superpriority Debtor in 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 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
Sources: Senior Unsecured Credit Agreement (Intelsat LTD), Senior Unsecured Credit Agreement (Intelsat LTD), Senior Unsecured 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
Sources: 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 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
Sources: Credit Agreement (Markwest Hydrocarbon Inc), 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
Sources: Revolving Loan Agreement (Tci Music Inc), Loan Agreement (Horton D R Inc /De/), Loan Agreement (Horton D R Inc /De/)
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
Sources: Credit and Guarantee Agreement (Lear Corp), Revolving Credit and Guarantee Agreement (Case Corp), Credit and Guarantee Agreement (Lear 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 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
Sources: Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp)
Delegation of Duties. The Administrative Agent and the Multicurrency 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 the Administrative Agent nor the Multicurrency 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
Sources: Credit Agreement (Kadant Inc), Credit Agreement (Kadant Inc), Credit Agreement (Kadant 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
Sources: Credit Agreement (Marchex Inc), Credit Agreement (Comcast Corp), Credit Agreement (Comcast Corp)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Agreement and the other Loan Documents by or through its agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties. The exculpatory and indemnification provisions of this Article 5 shall apply to attorney-in-fact and shall apply to their respective activities in connection with the syndication of the Loans as well as 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 care.
Appears in 6 contracts
Sources: Loan and Security Agreement (Angel Studios, Inc.), Loan and Security Agreement (Rapid Micro Biosystems, Inc.), Loan and Security Agreement (Shoulder Innovations, 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 6 contracts
Sources: Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/)
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
Sources: 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 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
Sources: Senior Revolving Credit Agreement (Aeroflex Inc), Credit Agreement (Lifepoint Hospitals Inc), Credit Agreement (Act Manufacturing Inc)
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
Sources: Five Year Revolving Credit Agreement (Centurytel Inc), Five Year Revolving Credit Agreement (Centurytel Inc), Revolving Credit Agreement (Centurytel 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 the Administrative Agent with reasonable care.
Appears in 5 contracts
Sources: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc), Credit Agreement (Ct Communications Inc /Nc)
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 sub-agents except to the extent that a court of competent jurisdiction determines in a final and non-appealable judgment that the Administrative Agent acted with gross negligence or attorneys inwillful misconduct in the selection of such sub-fact selected by it with reasonable careagents.
Appears in 5 contracts
Sources: Amendment No. 4 (Somnigroup International Inc.), Credit Agreement (Tempur Sealy International, Inc.), Credit Agreement (Tempur Sealy International, Inc.)
Delegation of Duties. The Administrative Agent may execute any of its duties under this Credit Agreement and the or any other Loan Documents Fundamental 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 5 contracts
Sources: Credit and Guaranty Agreement (Ventas Inc), Interim Loan and Guaranty Agreement (Ventas Inc), Credit, Security and Guaranty Agreement (Ventas Inc)
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
Sources: 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 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
Sources: 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 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. The exculpatory provisions of this Agreement and of the other Loan Documents shall apply to any such agent or attorney-in-fact and to their Related Parties (as defined below).
Appears in 4 contracts
Sources: Credit Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear 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 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
Sources: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Wilmar Industries Inc), Credit Agreement (Global Imaging Systems Inc)
Delegation of Duties. The Administrative Agent may each execute any of its duties under this Agreement and the other Loan 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 agents, subagents 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 4 contracts
Sources: Senior Unsecured Interim Loan Agreement (First Data Corp), Senior Subordinated Interim Loan Agreement (First Data Corp), Senior Unsecured Interim Loan Agreement (First Data Corp)
Delegation of Duties. The Administrative 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 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
Sources: Term Loan Credit Agreement (Aspen Insurance Holdings LTD), Term Loan Credit Agreement (Aspen Insurance Holdings LTD), Term Loan Credit Agreement (Aspen Insurance Holdings 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
Sources: Credit Agreement (Mattel Inc /De/), Credit Agreement (Xtra Corp /De/), Credit Agreement (Mattel 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-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
Sources: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), First Lien Credit Agreement (New World Restaurant 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 for the negligence or misconduct of any agents agent or attorneys attorney-in-fact selected that it selects in the absence of a finding by it a court of competent jurisdiction in a final and nonappealable judgment that the Administrative Agent acted with reasonable caregross negligence or willful misconduct.
Appears in 4 contracts
Sources: Credit Agreement (Jefferies Credit Partners BDC Inc.), Credit Agreement (Andalusian Credit Company, LLC), Credit Agreement (Morgan Stanley Direct Lending Fund)
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 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 4 contracts
Sources: Term Loan Agreement (Qwest Communications International Inc), Credit Agreement (Qwest Communications International Inc), Credit Agreement (Qwest Communications International 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 advise 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
Sources: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes 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 With respect to the Lenders, 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
Sources: Credit Agreement (Station Casinos LLC), Senior Mezzanine Credit Agreement (Technical Olympic Usa Inc), Credit Agreement (Station Casinos 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
Sources: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/), Credit Agreement (Commonwealth Telephone Enterprises Inc /New/), Credit Agreement (Planvista 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 selects with reasonable care.
Appears in 4 contracts
Sources: Credit Agreement (Culligan Water Technologies Inc), Credit Agreement (Earthgrains Co /De/), Credit Agreement (Jacobs Engineering Group 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-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 in the absence of gross negligence or willful misconduct.
Appears in 4 contracts
Sources: Credit Agreement (MIDDLEBY Corp), Credit Agreement (MIDDLEBY Corp), Credit Agreement (Middleby 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 reasonably selected by the Administrative Agent 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 4 contracts
Sources: Loan Agreement (Station Casinos Inc), Loan Agreement (Station Casinos Inc), Loan Agreement (Station Casinos 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, provided that this Section 8.02 shall not be construed to relieve such agents or attorneys-in-fact from liability.
Appears in 4 contracts
Sources: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International 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 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 4 contracts
Sources: Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/)
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 its 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 3 contracts
Sources: Credit Agreement (Great Lakes Dredge & Dock CORP), Credit Agreement (Great Lakes Dredge & Dock CORP), Credit Agreement (Great Lakes Dredge & Dock 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 3 contracts
Sources: Credit Agreement (CalAtlantic Group, Inc.), Credit Agreement (Standard Pacific Corp /De/), Credit Agreement (Standard Pacific Corp /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 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 3 contracts
Sources: Credit Agreement (Mercantile Mutual Funds Inc), Credit Agreement (Excelsior Tax Exempt Funds Inc), Credit Agreement (Mercantile Mutual Funds 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 3 contracts
Sources: Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Taylor Ann Stores Corp), Credit Agreement (Manor Investment Co 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 3 contracts
Sources: Credit Agreement (SWS Group Inc), Funding Agreement (Hilltop Holdings Inc.), Credit Agreement (SWS Group 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 any of its branches, 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 3 contracts
Sources: Mezzanine Credit Agreement (Booz Allen Hamilton Holding Corp), Mezzanine Credit Agreement (Booz Allen Hamilton Holding Corp), Mezzanine Credit Agreement (Booz Allen Hamilton 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-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-in fact selected by it with reasonable care.
Appears in 3 contracts
Sources: Competitive Advance and Revolving Credit Agreement (Raytheon Co/), Five Year Competitive Advance and Revolving Credit Agreement (Raytheon Co/), Five Year Competitive Advance and Revolving Credit Agreement (Raytheon Co/)
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 in-fact selected by it with reasonable care.
Appears in 3 contracts
Sources: Credit Agreement (West Pharmaceutical Services Inc), Credit Agreement (West Pharmaceutical Services Inc), Credit Agreement (West Pharmaceutical 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 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. The Administrative Agent hereby appoints, authorizes and directs each Lender to act as collateral sub-agent for the Administrative Agent for the purposes of perfecting security interests and Liens in Collateral held by such Lender.
Appears in 3 contracts
Sources: Loan and Security Agreement (American Tire Distributors Inc), Loan and Security Agreement (Heafner Tire Group Inc), Revolving Credit and Security Agreement (Mastec 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 on behalf of 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 3 contracts
Sources: Note Purchase Agreement (Driven Brands Holdings Inc.), Class a 1 Note Purchase Agreement (Driven Brands Holdings Inc.), Class a 1 Note Purchase Agreement (Driven Brands Holdings 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 3 contracts
Sources: Credit Agreement (Nexstar Broadcasting of the Wichita Falls LLC), Credit Agreement (Nexstar Broadcasting of the Wichita Falls LLC), Credit Agreement (Grubb & Ellis Co)
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 the Administrative Agent or attorneys in-fact selected by it with reasonable care.
Appears in 3 contracts
Sources: Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp), Credit and Exchange Offer Agreement (Crown Castle International Corp)
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 seek 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 3 contracts
Sources: Credit Agreement (Visant Corp), Credit Agreement (Jostens IH Corp.), Credit Agreement (Premdor Finace 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 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 3 contracts
Sources: Credit Agreement (Federal Mogul Corp), 364 Day Revolving Credit Agreement (Federal Mogul Corp), Loan Agreement (Federal Mogul Corp)
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 except to the extent that a court of competent jurisdiction determines in a final and nonappealable judgment that the Administrative Agent acted with reasonable caregross negligence or willful misconduct in the selection of such agents or attorneys in fact.
Appears in 3 contracts
Sources: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, 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 attorneys-in-fact selected by it with reasonable care.
Appears in 3 contracts
Sources: Credit Agreement (Pacific Gas & Electric Co), Credit Agreement (Pg&e Corp), Senior Bridge Loan Agreement (Charter Communications Inc /Mo/)
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 gross negligence or willful misconduct of any agents non-Affiliated agent or attorneys attorneys-in-fact selected by it with reasonable care.
Appears in 3 contracts
Sources: Revolving Credit and Security Agreement (Logan Ridge Finance Corp.), Revolving Credit and Security Agreement (Logan Ridge Finance Corp.), Revolving Credit and Security Agreement (Capitala Finance Corp.)