Common use of Acknowledgments Clause in Contracts

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 13 contracts

Sources: Credit Agreement (Cco Holdings LLC), Credit Agreement (Cco Holdings LLC), Credit Agreement (Charter Communications, Inc. /Mo/)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Agents nor any Lender has any fiduciary relationship with or duty to either of Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 13 contracts

Sources: First Lien Credit Agreement (PGA Holdings, Inc.), First Lien Credit Agreement (PGA Holdings, Inc.), Credit Agreement (Wesco Aircraft Holdings, Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 8 contracts

Sources: Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any none of the Administrative Agent, the Collateral Agent nor or any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between Administrative Agent, the Agents Collateral Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 7 contracts

Sources: Credit Agreement (PACIFIC GAS & ELECTRIC Co), Term Loan Credit Agreement (PACIFIC GAS & ELECTRIC Co), Term Loan Credit Agreement (PACIFIC GAS & ELECTRIC Co)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings and the Borrower and the Agents and the Lenders.

Appears in 6 contracts

Sources: Amendment No. 6 (Intelsat S.A.), Amendment No. 5 and Joinder Agreement (Intelsat S.A.), Amendment No. 3 and Joinder Agreement (Intelsat S.A.)

Acknowledgments. Each of Holdings the Company and the Borrower Subsidiary Borrowers hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any none of the Administrative Agent nor or any Lender has any fiduciary relationship with or duty to Holdings the Company or the Borrower any Subsidiary arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between Administrative Agent and the Agents and Lenders, on one hand, and Holdings and the BorrowerCompany or any Subsidiary, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents Company or any Subsidiary and the Lenders.

Appears in 6 contracts

Sources: 364 Day Revolving Credit Agreement (General Motors Co), 364 Day Revolving Credit Agreement (General Motors Financial Company, Inc.), 364 Day Revolving Credit Agreement (General Motors Financial Company, Inc.)

Acknowledgments. Each of Holdings the Parent and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings the Parent or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and the Lenders, on one hand, and Holdings the Parent and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Parent, the Borrower and the Agents and the Lenders.

Appears in 6 contracts

Sources: Credit Agreement (Cinemark Holdings, Inc.), Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Usa Inc /Tx)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and; (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders; and (d) the Lenders and their affiliates may have economic interests that conflict with those of the Borrower.

Appears in 5 contracts

Sources: Credit Agreement (Cco Holdings LLC), Credit Agreement (Cco Holdings Capital Corp), Restatement Agreement (Charter Communications, Inc. /Mo/)

Acknowledgments. Each of Holdings TWTC and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings TWTC or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings TWTC and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings TWTC, the Borrower and Borrower, the Agents and the Lenders.

Appears in 5 contracts

Sources: Credit Agreement (Tw Telecom Inc.), Amendment and Restatement Agreement (Tw Telecom Inc.), Credit Agreement (Time Warner Telecom Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 5 contracts

Sources: Credit Agreement (Oci Holdings Inc), Credit Agreement (Concentra Operating Corp), Credit Agreement (Empi Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor none of the Administrative Agents or any Lender has any fiduciary relationship with or duty to Holdings or the such Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Administrative Agents and the Lenders, on the one hand, and Holdings and the U.S. Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 4 contracts

Sources: Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp Eeds & Interiors)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any the Administrative Agent, the Collateral Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the such Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Agents Administrative Agent, the Collateral Agent and the Lenders, on one hand, and Holdings and the such Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 4 contracts

Sources: Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and or the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 4 contracts

Sources: Term Loan Credit Agreement (Goodman Global Group, Inc.), Revolving Credit Agreement (Goodman Global Group, Inc.), Revolving Credit Agreement (Goodman Sales CO)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any no Agent nor any or Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on the one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 4 contracts

Sources: Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on the one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 4 contracts

Sources: Revolving Credit Agreement (B&g Foods Inc), Term Loan Agreement (B&g Foods Inc), Term Loan Agreement (B&g Foods Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent, the Syndication Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between Administrative Agent, the Agents Syndication Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 4 contracts

Sources: Credit Agreement, Credit Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Credit Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Arranger, the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Arranger, the Administrative Agent and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Arranger, the Administrative Agent and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 4 contracts

Sources: Credit Agreement (Iconix Brand Group, Inc.), Credit Agreement (Iconix Brand Group, Inc.), Credit Agreement (Gentiva Health Services Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor none of the Agent, any Lender or any Issuer has any fiduciary relationship with or fiduciary duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Agent and Lendersthe Lenders and the Issuers, on the one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Lenders and the Lenders Issuers or among Holdings the Borrower and the Agents Lenders and Issuers or among the Borrower and the LendersAgent.

Appears in 4 contracts

Sources: Credit Agreement (Elder Beerman Stores Corp), Credit Agreement (Elder Beerman Stores Corp), Credit Agreement (Elder Beerman Stores Corp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings and the Borrower and the Agents and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Lin Television Corp), Credit Agreement (WTNH Broadcasting Inc), Credit Agreement (STC Broadcasting Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any the Administrative Agent, the Collateral Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Agents Administrative Agent, the Collateral Agent and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture Joint Venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (WABASH NATIONAL Corp), Credit Agreement (WABASH NATIONAL Corp), Credit Agreement (Wabash National Corp /De)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Joint Lead Arrangers, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Joint Lead Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Joint Lead Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (UCI Holdco, Inc.), Credit Agreement (UCI Holdco, Inc.), Credit Agreement (Chefford Master Manufacturing Co Inc)

Acknowledgments. Each of Holdings the Parent and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings either of the Parent or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings the Parent and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Parent, the Borrower and the Agents and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Yankee Holding Corp.), Credit Agreement (Yankee Finance, Inc.), Credit Agreement (Yankee Holding Corp.)

Acknowledgments. Each of Holdings Guarantor and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or fiduciary duty to Holdings Guarantor or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Guarantor and Borrower and the Agents and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Central European Media Enterprises LTD), Commitment Letter (Central European Media Enterprises LTD), Credit Agreement (Central European Media Enterprises LTD)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement Charge Over Shares and the other Loan DocumentsCredit Documents to which it is a party; (b) neither any Agent none of the Agents nor any Lender Lenders has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement Charge Over Shares or any of the other Loan Credit Documents, and the relationship between the Agents and LendersBorrower, on the one hand, and Holdings the Agents and the BorrowerLenders, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among Agents, among the Agents and and/or the Lenders or among Holdings the Borrower and the Agents and and/or the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp), 364 Day Credit Agreement (L 3 Communications Corp)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Joint Lead Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Joint Lead Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Joint Lead Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Magellan Midstream Partners Lp), Credit Agreement (Nevada Power Co), Credit Agreement (Nevada Power Co)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Charter Communications Inc /Mo/), Credit Agreement (Charter Communications Holdings LLC), Credit Agreement (Charter Communications Holdings Capital Corp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Agents nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Doane Pet Care Co), Credit Agreement (Doane Pet Care Enterprises Inc), Credit Agreement (Doane Pet Care Co)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower Borrowers arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)

Acknowledgments. Each of Holdings and the Borrower Borrowers hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower Borrowers arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Cinemas Corp), Credit Agreement (Regal Entertainment Group)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any no Lender, the Administrative Agent nor any Lender or the Arranger has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Alliance Laundry Systems LLC), Credit Agreement (Alliance Laundry Systems LLC)

Acknowledgments. Each of Holdings and the Borrower parties hereto hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arrangers, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Tronox Inc), Credit Agreement (Tronox Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings among, the Borrower and the Agents and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Anc Rental Corp), Credit Agreement (Anc Rental Corp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any no Agent, Lender or the Arranger has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent, the Syndication Agent and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Alliance Laundry Corp), Credit Agreement (Alliance Laundry Corp)

Acknowledgments. Each of Holdings and the Borrower Borrowers hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to either of Holdings or the Borrower Borrowers arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents Borrowers and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Vince Holding Corp.), Credit Agreement (Apparel Holding Corp.)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arrangers, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower Borrowers arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and the Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the either Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and the Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Waste Services, Inc.), Credit Agreement (Waste Services, Inc.)

Acknowledgments. Each of Holdings The Parent, DOC and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower any Loan Party arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the Borrower, any Loan Party on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Loan Parties, the Borrower and the Agents and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Dobson Communications Corp), Credit Agreement (Dobson Communications Corp)

Acknowledgments. Each of Holdings and the Borrower Borrowers hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the either Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 2 contracts

Sources: Senior Unsecured Credit Agreement (Intelsat LTD), Senior Unsecured Credit Agreement (Intelsat LTD)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any Administrative Agent nor the Collateral Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the any Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between each Administrative Agent the Agents Collateral Agent and Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Credit Agreement (Avago Technologies LTD)

Acknowledgments. Each of Holdings The Borrower, hereby acknowledges, for itself and the Borrower hereby acknowledges for each Loan Party, that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent none of the Agents nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower Loan Parties arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Borrower and Lendersthe other Loan Parties, on one hand, and Holdings the Agents and the BorrowerLenders, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents Loan Parties and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Aegean Marine Petroleum Network Inc.), Uncommitted Credit Agreement (Aegean Marine Petroleum Network Inc.)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Administrative Agent and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 2 contracts

Sources: Revolving Credit Agreement (National Coal Corp), Credit Agreement (National Coal Corp)

Acknowledgments. Each of Holdings the Parent and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings the Borrower or the Borrower Parent arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings the Borrower and the BorrowerParent, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and Borrower, the Agents Parent and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Swisher International Group Inc), Credit Agreement (Swisher International Group Inc)

Acknowledgments. Each of Holdings The Borrower and the Borrower Parent each hereby acknowledges acknowledge that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Administrative Agent, the Arrangers nor any Lender has any fiduciary relationship with or duty to Holdings the Borrower or the Borrower Parent arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on one hand, and Holdings the Borrower and the Borrower, Parent on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby Transactions among the Agents and the Lenders or among Holdings the Borrower and Borrower, the Agents Parent, and the Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither nonone of the Administrative Agent, any Agent nor any Other Representative or Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents AgentsAdministrative Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Third Amendment Agreement (KAR Auction Services, Inc.)

Acknowledgments. Each of Holdings and the each Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any no Agent nor any or Lender has any fiduciary relationship with or duty to Holdings or the either Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Tube City IMS CORP)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any Agent none of the Arrangers, the Agents nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between any of the 84 Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (L 3 Communications Corp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Holdings, Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Delta Petroleum Corp/Co)

Acknowledgments. Each of Holdings Wagon Investments and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any no Agent nor any or Lender has any fiduciary relationship with or duty to Holdings Wagon Investments or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings Wagon Investments and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Wagon Investments, between the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Del Frisco's Restaurant Group, LLC)

Acknowledgments. Each of Holdings Borrower and the Borrower Guarantors hereby acknowledges that: acknowledge that (a) it each has been advised by counsel in the negotiation, execution execution, and delivery of this Agreement and the other Loan Documents; Documents to which each is a party; (b) neither any Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings Borrower or the Borrower Guarantors arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Borrower and LendersGuarantors , on the one hand, and Holdings Administrative Agent and the BorrowerLenders, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower Borrower, Guarantors, and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Lomak Petroleum Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the BorrowerCredit Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Borrower and the Agents Credit Parties and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (SMTC Corp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor none of Agent, L/C Issuer or any Lender has any fiduciary relationship with or duty to Holdings Borrower or the Borrower any Subsidiary thereof arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between Agent and the Agents and Lenders, on one hand, and Holdings ▇▇▇▇▇▇▇▇ and the Borrowerits Subsidiaries, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Agent and the Lenders or among Holdings the Borrower and the Agents its Subsidiaries and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Mach Natural Resources Lp)

Acknowledgments. Each of Holdings and the Borrower Grantor hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Indenture Documents; (b) neither any the Collateral Agent nor the Trustee nor any Lender other Holder has any fiduciary relationship with or duty to Holdings or the Borrower such Grantor arising out of or in connection with this Agreement or any of the other Loan Indenture Documents, and the relationship between the Agents Collateral Agent, the Trustee and Lendersthe other Holders, on one hand, and Holdings and the Borrowersuch Grantor, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Indenture Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Holder or among the Grantor and the Lenders or among Holdings the Borrower and the Agents and the LendersHolders.

Appears in 1 contract

Sources: Security Agreement (Aventine Renewable Energy Holdings Inc)

Acknowledgments. Each of Holdings Fund and the each Borrower hereby acknowledges that:: --------------- (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings such Fund or the such Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings each Fund and the each Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and Funds, the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Excelsior Tax Exempt Funds Inc)

Acknowledgments. Each of Holdings The Borrower and the Borrower each Guarantor hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings the Borrower and the BorrowerGuarantors, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and Borrower, the Agents Guarantors and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Imperial Sugar Co /New/)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Agents nor any Lender has any fiduciary relationship with or duty to any of Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Mavenir Private Holdings II Ltd.)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that:: 136 (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor none of the Administrative Agents or any Lender has any fiduciary relationship with or duty to Holdings or the such Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Administrative Agents and the Lenders, on the one hand, and Holdings and the U.S. Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit and Guarantee Agreement (Lear Corp /De/)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings Borrower or the Borrower any Subsidiary thereof arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between Agent and the Agents and Lenders, on one hand, and Holdings Borrower and the Borrowerits Subsidiaries, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Agent and the Lenders or among Holdings the Borrower and the Agents its Subsidiaries and the Lenders.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Black Ridge Oil & Gas, Inc.)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Agents nor any Lender has any fiduciary relationship with or duty to either of Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on the one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Booz Allen Hamilton Holding Corp)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Beverly Enterprises Inc)

Acknowledgments. Each of Holdings Holdco and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings Holdco or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings Holdco and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdco, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (General Automation Inc/Il)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any Agent nor none of the Administrative Agent, Co-Arranger, or any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between Administrative Agent and the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Revolving Credit Agreement (Advanced Fibre Communications Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any Agent nor none of the Administrative Agent, Syndication Agent, or any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between Administrative Agent and the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Revolving Credit Agreement (Advanced Fibre Communications Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Administrative Agent, the Issuing Bank nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent, the Issuing Bank and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Administrative Agent, the Issuing Bank and the Lenders or among Holdings the Borrower and Borrower, the Agents Issuing Bank and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Pg&e National Energy Group Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any no Joint Lead Arranger, Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Joint Lead Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Joint Lead Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Northwestern Corp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other First Lien Loan Documents; (b) neither any Agent the Agents nor any Lender has any fiduciary relationship with or duty to either of Holdings or the Borrower arising out of or in connection with this Agreement or any of the other First Lien Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other First Lien Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: First Lien Credit Agreement (Vertrue Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arrangers, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Delek US Holdings, Inc.)

Acknowledgments. Each of Holdings Borrower and the Borrower each Guarantor hereby acknowledges that: acknowledge (a) it each has been advised by counsel in the negotiation, execution execution, and delivery of this Agreement and the other Loan Documents; Documents to which each is a party; (b) neither any Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings Borrower or the Borrower any Guarantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between Borrower and the Agents and LendersGuarantors, on the one hand, and Holdings Administrative Agent and the BorrowerLenders, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Borrower, the Borrower Guarantors, and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Lomak Petroleum Inc)

Acknowledgments. Each of Holdings and the Borrower Borrowers hereby acknowledges ---------------------- that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or any of the Borrower Borrowers arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and each of the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit and Guarantee Agreement (Exide Corp)

Acknowledgments. Each of Holdings and the Borrower Borrowers hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower Borrowers arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and Lenders, on one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Regal Entertainment Group)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Borrower and Borrower, the Arranger, the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Weg Acquisitions Lp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Agents nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.. CREDIT AGREEMENT

Appears in 1 contract

Sources: Credit Agreement (Doane Pet Care Co)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Pike Holdings, Inc.)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arrangers, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings the Borrower and Borrower, the Arrangers, the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Magellan Midstream Holdings Lp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Buffets Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents and Lenders, on one hand, and 76 71 Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Charter Communications Holdings Capital Corp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that:: ------------------------------ (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Administrative Agent, the Issuing Bank nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent, the Issuing Bank and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Administrative Agent, the Issuing Bank and the Lenders or among Holdings the Borrower and Borrower, the Agents Issuing Bank and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Pg&e National Energy Group Inc)

Acknowledgments. Each of Holdings The Borrower and the Borrower each Subsidiary hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower or any Subsidiary arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Agent and the Lenders, on one hand, and Holdings and the BorrowerBorrower or any Subsidiary, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and Borrower, the Agents Subsidiaries and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Radio One Inc)

Acknowledgments. Each of Holdings the Company and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings the Company or the Borrower arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings the Company and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Company, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Birch Telecom Inc /Mo)

Acknowledgments. Each of Holdings Parent and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings Parent or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings Parent and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings Parent, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Term Loan Agreement (Primus Telecommunications Group Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Second Lien Loan Documents; (b) neither any Agent the Agents nor any Lender has any fiduciary relationship with or duty to either of Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Second Lien Loan Documents, and the relationship between the Agents and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Second Lien Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Vertrue Inc)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any none of the Administrative Agent nor or any Lender has any fiduciary relationship with or duty to Holdings or the such Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Holdings and the U.S. Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Lear Corp Eeds & Interiors)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arranger, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arranger, the Agents and the Lenders or among Holdings the Borrower and Borrower, the Arranger, the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Cumulus Media Inc)

Acknowledgments. Each of Holdings TWTC and the Borrower hereby ----------------------- acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings TWTC or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings TWTC and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings TWTC, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Time Warner Telecom Inc)

Acknowledgments. Each of Holdings and the each Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the any other Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on one hand, and Holdings and the Borrowerother Borrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Administrative Agent and the Lenders or among Holdings Holdings, the Borrower and the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (General Growth Properties Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent the Administrative Agent, the Issuer nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between Administrative Agent, the Agents Issuer and Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and Borrower, the Agents Issuer and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (General Bearing Corp)

Acknowledgments. Each of Holdings Fund and the each Borrower hereby acknowledges --------------- that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings such Fund or the such Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders▇▇▇▇▇▇▇, on one hand, and Holdings each Fund and the each Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and Funds, the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Excelsior Funds Inc)

Acknowledgments. Each of Holdings the Parent and the Borrower Borrowers hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Lender has any fiduciary relationship with or duty to Holdings the Parent or the any Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on one hand, and Holdings the Parent and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents and the Lenders or among Holdings the Borrower and Parent, the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Kirklands Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Arranger, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (CSG Systems International Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any Agent nor any none of the Lead Arranger, the Agents or the Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Lead Arranger, the Agents and Lendersthe Lender, on one hand, and Holdings and the Borrower, Borrower on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lead Arranger, the Agents and the Lenders Lender, or among Holdings the Borrower and the Agents and the LendersLender.

Appears in 1 contract

Sources: Credit Agreement (Northwestern Corp)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither any the Administrative Agent nor any Other Representative or Lender has any fiduciary relationship with or duty to Holdings or the any Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Agents Administrative Agent and Lenders, on the one hand, and Holdings and the BorrowerBorrowers, on the other hand, in connection herewith or therewith is solely that of debtor creditor and creditordebtor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby and thereby among the Agents and the Lenders or among Holdings any of the Borrower and the Agents Borrowers and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Relocation Management Systems Inc)

Acknowledgments. Each of Holdings and the The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arrangers, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Credit Agreement (Tesoro Corp /New/)

Acknowledgments. Each of Holdings and the Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents; (b) neither the Arrangers, any Agent nor any Lender has any fiduciary relationship with or duty to Holdings or the Borrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Arrangers, the Agents and the Lenders, on one hand, and Holdings and the Borrower, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Arrangers, the Agents and the Lenders or among Holdings Holdings, the Borrower and the Agents and the Lenders.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Edgen Murray LTD)

Acknowledgments. Each of Holdings and the Borrower Grantor hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Indenture Documents; (b) neither any the Collateral Agent nor the Trustee nor any Lender other Holder has any fiduciary relationship with or duty to Holdings or the Borrower such Grantor arising out of or in connection with this Agreement or any of the other Loan Indenture Documents, and the relationship between the Agents Collateral Agent, the Trustee and Lendersthe Holders, on one hand, and Holdings and the Borrowersuch Grantor, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Indenture Documents or otherwise exists by virtue of the transactions contemplated hereby among the Agents Holders or among the Grantor and the Lenders or among Holdings the Borrower and the Agents and the LendersHolders.

Appears in 1 contract

Sources: Security Agreement (Aventine Renewable Energy Holdings Inc)