Common use of LIMITATIONS UPON LIABILITY Clause in Contracts

LIMITATIONS UPON LIABILITY. The Collateral Trustee shall not be personally liable for any action taken or omitted to be taken by it in accordance with this Agreement, the Shared Security Documents or any Debt Instrument, except for such actions or omissions that are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of the Collateral Trustee. The Collateral Trustee and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Collateral Trustee were not the collateral trustee hereunder.

LIMITATIONS UPON LIABILITY. The Collateral Trustee shall not be personally liable for any action taken or omitted to be taken by it in accordance with this Agreement, the Shared Sharing Security Documents or any Second Lien Debt Instrument, except for such actions or omissions that are determined by a final and nonappealable judgment of a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of the Collateral Trustee. The Collateral Trustee and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company and its Subsidiaries the other Grantors as though the Collateral Trustee were not the collateral trustee hereunder.

LIMITATIONS UPON LIABILITY. The Collateral Trustee shall not be personally liable for any action taken or omitted to be taken by it in accordance with this Agreement, the Shared Sharing Security Documents or any Debt Instrument, except for such actions or omissions that are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of the Collateral Trustee. The Collateral Trustee and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company and its Subsidiaries as though the Collateral Trustee were not the collateral trustee hereunder.