Common use of Duties of the Agent and the Security Agent Clause in Contracts

Duties of the Agent and the Security Agent. (a) Subject to paragraph (b) below, the Agent shall promptly forward to a Party the original or a copy of any document which is delivered to the Agent for that Party by any other Party. (b) Without prejudice to Clause 23.8 (Copy of Transfer Certificate, Assignment Agreement, Increase Confirmation or Accordion Increase Confirmation to Company), paragraph (a) above shall not apply to any Transfer Certificate, any Assignment Agreement, any Increase Confirmation or any Accordion Increase Confirmation. (c) Except where a Finance Document specifically provides otherwise, the Agent is not obliged to review or check the adequacy, accuracy or completeness of any document it forwards to another Party. (d) If the Agent receives notice from a Party referring to this Agreement, describing a Default and stating that the circumstance described is a Default, it shall promptly notify the Finance Parties. (e) If the Agent is aware of the non-payment of any principal, interest, commitment fee or other fee payable to a Finance Party (other than the Agent or the Arranger) under this Agreement it shall promptly notify the other Finance Parties. (f) The Agent and the Security Agent shall only have those duties, obligations and responsibilities expressly specified in the Finance Documents to which it is expressed to be a party (and no other shall be implied). (g) The duties of the Agent and the Security Agent under the Finance Documents are solely mechanical and administrative in nature.

Appears in 1 contract

Sources: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)

Duties of the Agent and the Security Agent. (a) Subject to paragraph (b) below, the Agent shall promptly forward to a Party the original or a copy of any document (other than Transfer Certificate and Assignment Agreement) which is delivered to the Agent for that Party by any other Party. (b) Without prejudice to Clause 23.8 (Copy of Transfer Certificate, Assignment Agreement, Increase Confirmation or Accordion Increase Confirmation to Company), paragraph (a) above shall not apply to any Transfer Certificate, any Assignment Agreement, any Increase Confirmation or any Accordion Increase Confirmation. (c) Except where a Finance Document specifically provides otherwise, the Agent is not obliged to review or check the adequacy, accuracy or completeness of any document it forwards to another Party. (dc) If the Agent receives notice from a Party referring to this Agreement, describing a Default and stating that the circumstance described is a Default, it shall promptly notify the Finance Parties. (ed) If the Agent is aware of the non-payment of any principal, interest, commitment fee or other fee payable to a Finance Party (other than the Agent or the Arranger) under this Agreement it shall promptly notify the other Finance Parties. (fe) The Agent and shall promptly send to the Security Agent shall only have those duties, obligations such certification as the Security Agent may require pursuant to paragraph 7 (Basis of distribution) of Schedule 6 (Security agency and responsibilities expressly specified in the Finance Documents to which it is expressed to be a party (and no other shall be impliedagency provisions). (gf) The duties of the Agent and the Security Agent under the Finance Documents are solely mechanical and administrative in nature. (g) The Agent and the Security Agent shall have no other duties save as expressly provided for in the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Synnex Corp)

Duties of the Agent and the Security Agent. (a) The duties of the Agent and the Security Agent under the Finance Documents are solely mechanical and administrative in nature. (b) Subject to paragraph (bc) below, the Agent and the Security Agent shall promptly forward to a Party the original or a copy of any document which is delivered to the Agent or Security Agent (as applicable) for that Party by any other Party. (bc) Without prejudice to Clause 23.8 21.6 (Copy of Transfer Certificate, Assignment Agreement, Increase Confirmation or Accordion Increase Confirmation to Company), paragraph (ab) above shall not apply to any Transfer Certificate, any Assignment Agreement, any Increase Confirmation Fee Letter or any Accordion Increase ConfirmationTransfer Agreement. (cd) Except where a Finance Document specifically provides otherwise, neither the Agent nor the Security Agent is not obliged to review or check the adequacy, accuracy or completeness of any document it forwards to another Party. (de) If the Agent or the Security Agent receives notice from a Party referring to this Agreement, describing a Default and stating that the circumstance described is a Default, it shall promptly notify the other Finance Parties. (ef) If the Agent is aware of the non-payment of any principal, interest, commitment fee or other fee payable to a Finance Party (other than the Agent Agent, the Arrangers or the ArrangerSecurity Agent) under this Agreement it shall promptly notify the other Finance Parties. (fg) The Each of the Agent and the Security Agent shall have only have those duties, obligations and responsibilities expressly specified in the Finance Documents to which it is expressed to be a party (and no other others shall be implied). (g) The duties of the Agent and the Security Agent under the Finance Documents are solely mechanical and administrative in nature.

Appears in 1 contract

Sources: Facility Agreement (Madeleine Charging B.V.)