PLEDGE AGENT. The Pledge Agent's responsibility and liability under this Agreement shall be limited as follows: (i) the Pledge Agent does not represent, warrant or guaranty to the holders of the Notes from time to time the performance of the Company; (ii) the Pledge Agent shall have no responsibility to the Company or the holders of the Notes or the Trustee from time to time as a consequence of performance or non-performance by the Pledge Agent hereunder, except for any gross negligence or willful misconduct of the Pledge Agent; (iii) the Company shall remain solely responsible for all aspects of the Company's business and conduct; and (iv) the Pledge Agent is not obligated to supervise, inspect or inform the Company or any third party of any matter referred to above. No implied covenants or obligations shall be inferred from this Agreement against the Pledge Agent, nor shall the Pledge Agent be bound by the provisions of any agreement beyond the specific terms hereof. Specifically and without limiting the foregoing, the Pledge Agent shall in no event have any liability in connection with its investment, reinvestment or liquidation, in good faith and in accordance with the terms hereof, of any funds or Government Securities held by it hereunder, including without limitation any liability for any delay not resulting from gross negligence or willful misconduct in such investment, reinvestment or liquidation, or for any loss of principal or income incident to any such delay. The Pledge Agent shall be entitled to rely upon any judicial order or judgment, upon any written opinion of counsel or upon any certification, instruction, notice, or other writing delivered to it by the Company or the Trustee in compliance with the provisions of this Agreement without being required to determine the authenticity or the correctness of any fact stated therein or
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PLEDGE AGENT. The Pledge Agent's responsibility and liability under this Agreement shall be limited as follows:
(i) the Pledge Agent does not represent, warrant or guaranty to the holders of the Notes from time to time the performance of the Company; (ii) the Pledge Agent shall have no responsibility to the Company or the holders of the Notes or the Trustee from time to time as a consequence of performance or non-performance by the Pledge Agent hereunder, except for any gross negligence or willful misconduct of the Pledge Agent; (iii) the Company shall remain solely responsible for all aspects of the Company's business and conduct; and (iv) the Pledge Agent is not obligated to supervise, inspect or inform the Company or any third party of any matter referred to above. No implied covenants or obligations shall be inferred from this Agreement against the Pledge Agent, nor shall the Pledge Agent be bound by the provisions of any agreement beyond the specific terms hereof. Specifically and without limiting the foregoing, the Pledge Agent shall in no event have any liability in connection with its investment, reinvestment or liquidation, in good faith and in accordance with the terms hereof, of any funds or Government Securities held by it hereunder, including without limitation any liability for any delay not resulting from gross negligence or willful misconduct in such investment, reinvestment or liquidation, or for any loss of principal or income incident to any such delay. The Pledge Agent shall be entitled to rely upon any judicial order or judgment, upon any written opinion of counsel or upon any certification, instruction, notice, or other writing delivered to it by the Company or the Trustee in compliance with the provisions of this Agreement without being required to determine the authenticity or the correctness of any fact stated therein or.
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Sources: Pledge and Security Agreement (First Wave Marine Inc)