Common use of Liability of the Collateral Agent Clause in Contracts

Liability of the Collateral Agent. None of the Agent-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with this Agreement or any other Loan Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Lenders for any recital, statement, representation or warranty made by any Borrower or any Subsidiary or Affiliate of any Borrower, or any officer thereof, contained in this Agreement or in any other Loan Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Collateral Agent under or in connection with, this Agreement or any other Loan Document, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Document, or for any failure of any Borrower or any other party to any Loan Document to perform its obligations hereunder or thereunder. No Agent-Related Person shall be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or any other Loan Document, or to inspect the properties, books or records of any Borrower or any of any Borrower’s Subsidiaries or Affiliates.

Liability of the Collateral Agent. None of the Agent-Related Persons The Collateral Agent shall not (ia) be liable for any action taken or omitted to be taken by any of them it under or in connection with this Agreement Indenture or any other Loan Transaction Document or the transactions contemplated hereby (except for its own gross negligence or willful misconduct), or (iib) be responsible in any manner to any of the Lenders Holders or the Trustee or any other Person for any recital, statement, representation or warranty made by any Borrower the Issuer or any Subsidiary or Affiliate of any Borrowerthe Issuer, or any officer thereof, contained in this Agreement Indenture or in any other Loan Transaction Document, or in any certificate, report, statement or other document referred to or provided for in, or received by the Collateral Agent under or in connection with, this Agreement Indenture or any other Loan Transaction Document, or for the value of or title to any Collateral, or the validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Loan Transaction Document, or for any failure of any Borrower the Issuer or any other party to any Loan Transaction Document to perform its obligations hereunder or thereunder. No Agent-Related Person The Collateral Agent shall not be under any obligation to any Lender Holder or the Trustee to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement Indenture or any other Loan Transaction Document, or to inspect the properties, books or records of any Borrower the Issuer or any Affiliate of any Borrower’s Subsidiaries or Affiliatesthe Issuer.