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This excerpt taken from the CVS 8-K filed Mar 23, 2007. Exculpatory
Provisions
None of the Administrative
Agent or any of its
officers, directors, employees, agents, attorneys-in-fact or Affiliates shall
be
(i) liable for any action lawfully taken or omitted to be taken by the
Administrative Agent or such Person under or in connection with the Loan
Documents (except the Administrative Agent for its own gross negligence or
willful misconduct), or (ii) responsible in any manner to any of the Lenders
for
any recitals, statements, representations or warranties made by any party
contained in the Loan Documents or in any certificate, report, statement or
other document referred to or provided for in, or received by the Administrative
Agent under or in connection with, the Loan Documents or for the value,
validity, effectiveness, genuineness, enforceability or sufficiency of any
of
the Loan Documents or for any failure of the Borrower or any other Person to
perform its obligations thereunder. The Administrative Agent shall not be under
any obligation to any Lender to ascertain or to inquire into the observance
or
performance of any of the covenants or agreements contained in, or conditions
of, the Loan Documents, or to inspect the Property, books or records of the
Borrower or any Subsidiary. The Administrative Agent shall not be under any
liability or responsibility to the Borrower or any other Person as a consequence
of any failure or delay in performance, or any breach, by any Lender of any
of
its obligations under any of the Loan Documents. The Lenders acknowledge that
the Administrative Agent shall not be under any duty to take any discretionary
action permitted under the Loan Documents unless the Administrative Agent shall
be requested in writing to do so by the Required Lenders.
10.4 |
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