Responsibilities of Agent. (a) In performing its duties and functions under this Agreement and the Loan Documents, the Agent will endeavor to exercise the same care which it normally exercises in making and handling loans and in handling collateral in which it alone is interested, but it does not assume any further responsibility. The relationship between the Agent and the Banks is and shall be that of agent and principal only. (b) In the event that (i) the Borrower fails to pay when due the principal of or interest on any Note or any fee required by this Agreement or any other Obligation, or (ii) the Agent receives a Notice of Default or obtains actual knowledge of the occurrence of a Default, the Agent shall give telephonic notice thereof to the Banks (promptly confirmed in writing), and shall take such action with respect to such Default as it shall be directed in writing to take by the Required Banks. Unless and until the Agent shall have received directions as described above, the Agent may take such action or refrain from taking such action with respect to any matter, including without limitation a Default, as it shall deem advisable and in the best interests of the Banks, and shall have no liability for such actions or omissions, except for its gross negligence or willful misconduct. The Agent shall make available to each Bank copies of any and all documents in the possession of the Agent in connection with this Agreement. (c) The Agent (as used in this Section 12.01 and in Section 12.03 below, the term “Agent” shall include reference to its Affiliates and its own and its Affiliates’ respective officers, shareholders, directors, employees and agents) shall not: (i) have any duties or responsibilities except those expressly set forth in this Agreement or the other Loan Documents, and shall not by reason of this Agreement or the other Loan Documents be a trustee for any Bank; (ii) be responsible to any Bank for any recitals, statements, representations or warranties contained in this Agreement or the other Loan Documents, or in any certificate or other document referred to or provided for in, or received by any of them under, this Agreement or the other Loan Documents or for the value, validity, effectiveness, genuineness, enforceability, execution, filing, registration, collectibility, recording, perfection, existence or sufficiency of this Agreement or the other Loan Documents or any other document referred to or provided for herein or therein or any property covered thereby or for any failure by any Person to perform any of its obligations hereunder or thereunder, and shall have no duty to inquire into or pass upon any of the foregoing matters; (iii) be responsible for any mistake of law or fact or any action taken or omitted to be taken by it hereunder or under the other Loan Documents or any other document or instrument referred to or provided for herein or therein or in connection herewith or therewith, including, without limitation, pursuant to its own negligence, except for its own gross negligence or willful misconduct; (iv) be bound by or obliged to recognize any agreement among or between the Borrower and any Bank, regardless of whether the Agent has knowledge of the existence of any such agreement or the terms and provisions thereof other than as described in any Notice of Default (as defined in Section 12.02(d) below) received by the Agent or if the Agent has actual knowledge thereof; (v) be charged with notice or knowledge of any fact or information not herein set out or provided to the Agent in accordance with the terms of this Agreement or the other Loan Documents; (vi) be responsible for any delay, error, omission or default of any mail, telegraph, cable or wireless agency or operator; or (vii) be responsible for the acts or edicts of any Governmental Authority. (d) The Agent may treat the payee of any Note as the holder thereof until written notice of the transfer thereof shall have been received by it. The Agent shall not be responsible for any recitals, statements, representations or warranties set forth in this Agreement or for the execution, effectiveness, genuineness, validity or enforceability of this Agreement or the Loan Documents, or be liable for failing to make any inquiry concerning the performance or conveyance of any of the terms, provisions or conditions hereof or thereof. The Agent shall not be deemed to have knowledge of the occurrence of a Default or an Event of Default (other than a failure by the Borrower to pay the fees required under this Agreement or to pay when due the principal of, or interest on, any Note) unless the Agent has received written notice from a Bank or the Borrower specifying such Default and stating that such notice is a “Notice of Default.” (e) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking any action under this Agreement. Each of the Banks agrees that the Agent shall not have any responsibility for the accuracy or adequacy of any information contained in any document, or any oral information, supplied to such Bank by the Borrower directly or through the Agent. (f) The Agent shall not be bound by any waiver, amendment, supplement or modification to this Agreement or the other Loan Documents which changes its duties under this Agreement and the other Loan Documents unless it shall have given its prior written consent, as Agent, thereto.
Appears in 1 contract
Responsibilities of Agent. (a) In performing its duties It is expressly understood and functions agreed that the obligations of the Agent under this Agreement and the Loan Documents are only those expressly set forth in the Loan Documents.
A. The Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing, unless the Agent will endeavor to exercise has actual knowledge of such fact or has received notice from a Lender that such Lender considers that a Default or an Event of Default has occurred and is continuing and specifying the same care which it normally exercises in making and handling loans and in handling collateral in which it alone is interested, but it does not assume any further responsibility. The relationship between the Agent and the Banks is and shall be that of agent and principal onlynature thereof.
(b) B. In the event that (i) the Borrower fails to pay when due the principal of or interest on any Note or any fee required by this Agreement or any other Obligation, or (ii) the Agent receives a Notice shall acquire actual knowledge of any Event of Default or obtains actual knowledge of an event which, with the occurrence giving of a notice or the lapse of time, or both, would constitute an Event of Default, the Agent shall promptly give telephonic notice thereof to the Banks (promptly confirmed in writing)Lenders.
C. Lenders recognize and agree, and shall take such action with respect to such Default as it shall be directed in writing to take by the Required Banks. Unless and until that for purposes of Section 2.1 hereof, the Agent shall not be required to independently determine whether the conditions described in Section 10.2 have received directions been satisfied and, in disbursing funds to the Borrowers, may rely fully upon statements contained in the relevant Notice of Revolving Credit Advance.
D. Neither the Agent nor any of its directors, officers, employees or agents shall be liable as described abovesuch for any action taken or omitted to be taken by it or them hereunder or under any of the other Loan Documents or in connection herewith or therewith at the request or with the approval of the Lenders (or, if otherwise specifically required hereunder or thereunder, the consent of all the Lenders).
E. Neither the Agent may take such action nor any of its directors, officers, employees or refrain from taking such action with respect agents shall have any responsibility to the Borrowers on account of the failure or delay in performance or breach by any Lender, other than the Agent, of any of its obligations hereunder or to any matterLender on account of the failure of or delay in performance or breach by any other Lender or the Borrowers of any of their respective obligations hereunder or in connection herewith.
F. The Agent shall, including without limitation a Default, as it shall deem advisable and in the best interests absence of knowledge to the contrary, be entitled to accept any certificate furnished pursuant to this Second Restated Agreement or any of the Banks, and shall have no liability for such actions or omissions, except for its gross negligence or willful misconductother Loan Documents as conclusive evidence of the facts stated therein. The Agent shall make available to each Bank copies incur no liability under or in respect of any and all documents of the Loan Documents by acting upon any such notice, consent, certificate, warranty or other paper or instrument believed by it to be genuine or authentic or to be signed by the proper party or parties, or with respect to anything which it may do or refrain from doing in the possession exercise of its judgment, or which may appear to it to be necessary or desirable in the Agent in connection with this Agreementcircumstances.
(c) G. The Agent (as used in this Section 12.01 and in Section 12.03 below, the term “Agent” shall include reference to its Affiliates and its own and its Affiliates’ respective officers, shareholders, directors, employees and agents) shall not: (i) have any duties or responsibilities except those expressly set forth in this Agreement or the other Loan Documents, and shall not by reason of this Agreement or the other Loan Documents be a trustee for any Bank; (ii) be responsible to any Bank the Lenders for any recitals, statements, representations or warranties contained in this Agreement or the other Loan DocumentsSecond Restated Agreement, or in any certificate or other document referred to or provided for in, or received by any of them Lender under, this Agreement or the other Loan Documents Second Restated Agreement, or for the value, validity, effectiveness, genuineness, enforceability, execution, filing, registration, collectibility, recording, perfection, existence enforceability or sufficiency of this Second Restated Agreement or the other Loan Documents or any other document referred to or provided for herein or therein or any property covered thereby or for any failure by any Person Borrowers to perform any of its obligations hereunder or thereunder, hereunder.
H. Agent may employ agents and attorneys-in-fact and shall have no duty not be answerable, except as to inquire into money or pass upon any of the foregoing matters; (iii) be responsible for any mistake of law or fact or any action taken or omitted to be taken securities received by it hereunder or under its authorized agents, for the other Loan Documents or any other document or instrument referred to or provided for herein or therein or in connection herewith or therewith, including, without limitation, pursuant to its own negligence, except for its own gross negligence or willful misconduct; (iv) be bound by or obliged to recognize any agreement among or between the Borrower and any Bank, regardless of whether the Agent has knowledge of the existence misconduct of any such agreement agents or attorneys-in-fact selected by it.
I. The relationship between the terms Agent and provisions thereof each of the Lenders is only that of principal and agent and has no fiduciary aspects, and the Agent's duties hereunder are acknowledged to be only ministerial and not involving the exercise of discretion on its part. Nothing in this Second Restated Agreement or elsewhere contained shall be construed to impose on the Agent any duties or responsibilities other than as described in any Notice of Default (as defined in Section 12.02(d) below) received by those for which express provision is herein made. In performing its duties and functions hereunder, the Agent or if the Agent has actual knowledge thereof; (v) be charged with notice or knowledge of any fact or information does not herein set out or provided to the Agent in accordance with the terms of this Agreement or the other Loan Documents; (vi) be responsible for any delay, error, omission or default of any mail, telegraph, cable or wireless agency or operator; or (vii) be responsible for the acts or edicts of any Governmental Authority.
(d) The Agent may treat the payee of any Note as the holder thereof until written notice of the transfer thereof shall have been received by it. The Agent shall not be responsible for any recitals, statements, representations or warranties set forth in this Agreement or for the execution, effectiveness, genuineness, validity or enforceability of this Agreement or the Loan Documents, or be liable for failing to make any inquiry concerning the performance or conveyance of any of the terms, provisions or conditions hereof or thereof. The Agent assume and shall not be deemed to have knowledge assumed, and hereby expressly disclaims, any obligation or responsibility toward or any relationship of agency or trust with or for the Borrowers. As to any matters not expressly provided for by this Second Restated Agreement (including, without limitation, enforcement or collection of the occurrence of a Default or an Event of Default (other than a failure by the Borrower to pay the fees required under this Agreement or to pay when due the principal ofNotes), or interest on, any Note) unless the Agent has received written notice from a Bank or the Borrower specifying such Default and stating that such notice is a “Notice of Default.”
(e) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking any action under this Agreement. Each of the Banks agrees that the Agent shall not have be required to exercise any responsibility for discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the accuracy or adequacy instructions of any information contained in any documentthe Lenders and such instructions shall be binding upon all the Lenders and all holders of Notes; provided, or any oral informationhowever, supplied to such Bank by the Borrower directly or through the Agent.
(f) The that Agent shall not be bound by required to take any waiver, amendment, supplement action which exposes Agent to personal liability or modification which is contrary to this Second Restated Agreement or the other Loan Documents which changes its duties under this Agreement and the other Loan Documents unless it shall have given its prior written consent, as Agent, theretoapplicable law.
Appears in 1 contract
Sources: Credit Agreement (Innovative Valve Technologies Inc)
Responsibilities of Agent. (a) In performing its duties It is expressly understood and functions agreed that the obligations of the Agent under this Agreement and the Loan Documents are only those expressly set forth in the Loan Documents.
A. The Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing, unless the Agent will endeavor to exercise has actual knowledge of such fact or has received notice from a Lender that such Lender considers that a Default or an Event of Default has occurred and is continuing and specifying the same care which it normally exercises in making and handling loans and in handling collateral in which it alone is interested, but it does not assume any further responsibility. The relationship between the Agent and the Banks is and shall be that of agent and principal onlynature thereof.
(b) B. In the event that (i) the Borrower fails to pay when due the principal of or interest on any Note or any fee required by this Agreement or any other Obligation, or (ii) the Agent receives a Notice shall acquire actual knowledge of any Event of Default or obtains actual knowledge of an event which, with the occurrence giving of a notice or the lapse of time, or both, would constitute an Event of Default, the Agent shall promptly give telephonic notice thereof to the Banks (promptly confirmed in writing)Lenders.
C. Lenders recognize and agree, and shall take such action with respect to such Default as it shall be directed in writing to take by that for the Required Banks. Unless and until purposes of Section 2.1 hereof the Agent shall not be required to independently determine whether the conditions described in Section 8.2 have received directions been satisfied and, in disbursing funds to the Borrowers, may rely fully upon statements contained in the relevant Notice of Borrowing.
D. Neither the Agent nor any of its directors, officers, employees or agents shall be liable as described abovesuch for any action taken or omitted to be taken by it or them hereunder or under any of the other Loan Documents or in connection herewith or therewith at the request or with the approval of the Lenders (or, if otherwise specifically required hereunder or thereunder, the consent of all the Lenders).
E. Neither the Agent may take such action nor any of its directors, officers, employees or refrain from taking such action with respect agents shall have any responsibility to the Borrowers on account of the failure or delay in performance or breach by any Lender, other than the Agent, of any of its obligations hereunder or to any matterLender on account of the failure of or delay in performance or breach by any other Lender or the Borrowers of any of their respective obligations hereunder or in connection herewith.
F. The Agent shall, including without limitation a Default, as it shall deem advisable and in the best interests absence of knowledge to the contrary, be entitled to accept any certificate furnished pursuant to this Agreement or any of the Banks, and shall have no liability for such actions or omissions, except for its gross negligence or willful misconductother Loan Documents as conclusive evidence of the facts stated therein. The Agent shall make available to each Bank copies incur no liability under or in respect of any and all documents of the Loan Documents by acting upon any such notice, consent, certifi- cate, warranty or other paper or instrument believed by it to be genuine or authentic or to be signed by the proper party or parties, or with respect to anything which it may do or refrain from doing in the possession exercise of its judgment, or which may appear to it to be neces- sary or desirable in the Agent in connection with this Agreementcircumstances.
(c) G. The Agent (as used in this Section 12.01 and in Section 12.03 below, the term “Agent” shall include reference to its Affiliates and its own and its Affiliates’ respective officers, shareholders, directors, employees and agents) shall not: (i) have any duties or responsibilities except those expressly set forth in this Agreement or the other Loan Documents, and shall not by reason of this Agreement or the other Loan Documents be a trustee for any Bank; (ii) be responsible to any Bank the Lenders for any recitals, statements, representations or warranties contained in this Agreement or the other Loan DocumentsAgreement, or in any certificate or other document referred to or provided for in, or received by any of them Lender under, this Agreement or the other Loan Documents Agreement, or for the value, validity, effectiveness, genuineness, enforceability, execution, filing, registration, collectibility, recording, perfection, existence enforceability or sufficiency of this Agreement or the other Loan Documents or any other document referred to or provided for herein or therein or any property covered thereby or for any failure by any Person Borrowers to perform any of its obligations hereunder or thereunder, hereunder.
H. Agent may employ agents and attorneys-in-fact and shall have no duty not be answerable, except as to inquire into money or pass upon any of the foregoing matters; (iii) be responsible for any mistake of law or fact or any action taken or omitted to be taken securities received by it hereunder or under its authorized agents, for the other Loan Documents or any other document or instrument referred to or provided for herein or therein or in connection herewith or therewith, including, without limitation, pursuant to its own negligence, except for its own gross negligence or willful misconduct; (iv) be bound by or obliged to recognize any agreement among or between the Borrower and any Bank, regardless of whether the Agent has knowledge of the existence misconduct of any such agreement agents or the terms and provisions thereof other than as described in any Notice of Default (as defined in Section 12.02(d) below) received attorneys-in-fact selected by it.
I. The relationship between the Agent or if the Agent has actual knowledge thereof; (v) be charged with notice or knowledge of any fact or information not herein set out or provided to the Agent in accordance with the terms of this Agreement or the other Loan Documents; (vi) be responsible for any delay, error, omission or default of any mail, telegraph, cable or wireless agency or operator; or (vii) be responsible for the acts or edicts of any Governmental Authority.
(d) The Agent may treat the payee of any Note as the holder thereof until written notice and each of the transfer thereof shall have been received by itLenders is only that of principal and agent and has no fiduciary aspects, and the Agent's duties hereunder are acknowledged to be only ministerial and not involving the exercise of discretion on its part. The Agent shall not be responsible for any recitals, statements, representations or warranties set forth Nothing in this Agreement or elsewhere contained shall be construed to impose on the Agent any duties or responsibilities other than those for which express provision is herein made. In performing its duties and functions hereunder, the execution, effectiveness, genuineness, validity or enforceability of this Agreement or the Loan Documents, or be liable for failing to make any inquiry concerning the performance or conveyance of any of the terms, provisions or conditions hereof or thereof. The Agent does not assume and shall not be deemed to have knowledge assumed, and hereby expressly disclaims, any obligation or responsibility toward or any relationship of agency or trust with or for the Borrowers. As to any matters not expressly provided for by this Agreement (including, without limitation, enforcement or collection of the occurrence of a Default or an Event of Default (other than a failure by the Borrower to pay the fees required under this Agreement or to pay when due the principal ofNote), or interest on, any Note) unless the Agent has received written notice from a Bank or the Borrower specifying such Default and stating that such notice is a “Notice of Default.”
(e) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking any action under this Agreement. Each of the Banks agrees that the Agent shall not have be required to exercise any responsibility for discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting upon the accuracy or adequacy instructions of any information contained in any documentthe Lenders and such instructions shall be binding upon all the Lenders and all holders of the Note; provided, or any oral informationhowever, supplied to such Bank by the Borrower directly or through the Agent.
(f) The that Agent shall not be bound by required to take any waiver, amendment, supplement action which exposes Agent to personal liability or modification which is contrary to this Agreement or the other Loan Documents which changes its duties under this Agreement and the other Loan Documents unless it shall have given its prior written consent, as Agent, theretoapplicable law.
Appears in 1 contract
Sources: Credit Agreement (Innovative Valve Technologies Inc)
Responsibilities of Agent. (a) In performing its duties and functions under this Agreement and the Loan Documents, the Agent will endeavor to exercise the same care which it normally exercises in making and handling loans and in handling collateral in which it alone is interested, but it does not assume any further responsibility. The relationship between the Agent and the Banks is and shall be that of agent and principal only.
(b) In the event that (i) the Borrower fails to pay when due the principal of or interest on any Note or any fee required by this Agreement or any other Obligation, or (ii) the Agent receives a Notice of Default or obtains actual knowledge of the occurrence of a Default, the Agent shall give telephonic notice thereof to the Banks (promptly confirmed in writing), and shall take such action with respect to such Default as it shall be directed in writing to take by the Required Banks. Unless and until the Agent shall have received directions as described above, the Agent may take such action or refrain from taking such action with respect to any matter, including without limitation a Default, as it shall deem advisable and in the best interests of the Banks, and shall have no liability for such actions or omissions, except for its gross negligence or willful misconduct. The Agent shall make available to each Bank copies of any and all documents in the possession of the Agent in connection with this Agreement.
(c) The Agent (as used in this Section 12.01 and in Section 12.03 below, the term “Agent” shall include reference to its Affiliates and its own and its Affiliates’ respective officers, shareholders, directors, employees and agents) shall not: (i) have any duties or responsibilities except those expressly set forth in this Agreement or the other Loan Documents, and shall not by reason of this Agreement or the other Loan Documents be a trustee for any Bank; (ii) be responsible to any Bank for any recitals, statements, representations or warranties contained in this Agreement or the other Loan Documents, or in any certificate or other document referred to or provided for in, or received by any of them under, this Agreement or the other Loan Documents or for the value, validity, effectiveness, genuineness, enforceability, execution, filing, registration, collectibility, recording, perfection, existence or sufficiency of this Agreement or the other Loan Documents or any other document referred to or provided for herein or therein or any property covered thereby or for any failure by any Person to perform any of its obligations hereunder or thereunder, and shall have no duty to inquire into or pass upon any of the foregoing matters; (iii) be responsible for any mistake of law or fact or any action taken or omitted to be taken by it hereunder or under the other Loan Documents or any other document or instrument referred to or provided for herein or therein or in connection herewith or therewith, including, without limitation, pursuant to its own negligence, except for its own gross negligence or willful misconduct; (iv) be bound by or obliged to recognize any agreement among or between the Borrower and any Bank, regardless of whether the Agent has knowledge of the existence of any such agreement or the terms and provisions thereof other than as described in any Notice of Default (as defined in Section 12.02(d) below) received by the Agent or if the Agent has actual knowledge thereof; (v) be charged with notice or knowledge of any fact or information not herein set out or provided to the Agent in accordance with the terms of this Agreement or the other Loan Documents; (vi) be responsible for any delay, error, omission or default of any mail, telegraph, cable or wireless agency or operator; or (vii) be responsible for the acts or edicts of any Governmental Authority.
(d) The Agent may treat the payee of any Note as the holder thereof until written notice of the transfer thereof shall have been received by itit pursuant to Section 10.4 hereof. The Agent does not make any warranty or representation to any Lender, and shall not be responsible for any recitals, statements, representations or warranties set forth herein or in this Agreement any document prepared by or given by the Borrower or any other Person to the Lenders in connection herewith (or for the accuracy or completeness of any such document) or for the execution, effectiveness, genuineness, validity or enforceability of this Agreement or the Loan DocumentsNotes or any other document, agreement or instrument delivered in connection herewith or related hereto, or be liable for failing to make any inquiry concerning the performance or conveyance observance of any of the terms, provisions or conditions hereof of this Agreement or thereofany Note or any other document, agreement or instrument delivered in connection herewith or related hereto. The Agent shall be entitled to retain for its own use any amounts paid to it in its capacity as such. The Agent shall not be deemed to have knowledge known of the occurrence of a Default or an Event of Default (or other than a failure by event the Borrower to pay occurrence or non-occurrence of which with the fees required giving of notice or lapse of time or both would become an Event of Default or comparable event under this Agreement or to pay when due the principal of, or interest on, any Note) other agreement unless the Agent has received written notice from a Bank Lender or the Borrower specifying such Event of Default or other event and stating that such notice is a “"Notice of Default.”
" or from any other relevant Person so specifying. If (ei) Each Bank acknowledges that it hasthe Agent receives a notification pursuant to the preceding sentence, independently and without reliance or (ii) the Borrower fails to pay in accordance with the terms hereof to the 60 55 Agent when due the principal of or interest on any Note or any commitment fee payable to any Lender hereunder, the Agent shall promptly give written notice thereof to the Lenders. The Agent may decline to take any action except upon the written direction of the Majority Lenders in accordance with the voting procedures agreement entered into by the Lenders and the Agent on the date hereof and the Agent may obtain a ratification by such Majority Lenders of any action taken by it under this Agreement or any other Bankdocument, and based on agreement or instrument delivered in connection herewith or related hereto as provided in such documents and information as voting procedures agreement. The Agent shall have no liability to the Lenders for any action taken by it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking any action under this Agreement. Each direction of the Banks agrees that Majority Lenders or if ratified by the Majority Lenders, nor shall the Agent shall not have any responsibility such liability for any failure to act unless the accuracy or adequacy of any information contained in any document, or any oral information, supplied Agent has been instructed to such Bank act by the Borrower directly or through Majority Lenders. The action of the Agent.
(f) Majority Lenders shall in each case bind all of the Lenders hereunder. The Agent shall not be bound by required to take any waiver, amendment, supplement action which exposes the Agent to personal liability (unless indemnified to its satisfaction for any and all consequences of such action) or modification which is contrary to this Agreement or the other Loan Documents which changes its duties under this Agreement and the other Loan Documents unless it shall have given its prior written consent, as Agent, theretoany Legal Requirement.
Appears in 1 contract
Sources: Loan Agreement (Union Texas Petroleum Holdings Inc)