Common use of Creditor-Debtor Relationship Clause in Contracts

Creditor-Debtor Relationship. The relationship between Agent, each Lender and each L/C Issuer, on the one hand, and the Credit Parties, on the other hand, is solely that of creditor and debtor. No Secured Party has any fiduciary relationship or duty to any Credit Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between the Secured Parties and the Credit Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), each Credit Party acknowledges and agrees, and acknowledges its Affiliates’ understanding, that: (i) (A) the arranging and other services regarding this Agreement provided by the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders are arm’s-length commercial transactions between the Credit Parties and their respective Affiliates, on the one hand, and the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, on the other hand, (B) each Credit Party has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (C) each Credit Party is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (A) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for the Borrower, any other Credit Party or any of their respective Affiliates, or any other Person and (B) neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any obligation to the Borrower, any other Credit Party or any of their respective Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iii) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower and its Affiliates, and neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any obligation to disclose any of such interests to the Borrower, or any of its Affiliates. To the fullest extent permitted by Requirements of Law, each Credit Party hereby waives and releases any claims that it may have against Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lender and the other Lenders with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.

Creditor-Debtor Relationship. The relationship between Agent, each Lender and each L/C Issuer, on the one hand, and the Credit Parties, on the other hand, is solely that of creditor and debtor. No Secured Party has any fiduciary relationship or duty to any Credit Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between the Secured Parties and the Credit Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated hereby (including in connection with by any amendment, waiver or other modification hereof or of any other Loan Document), each Credit Party acknowledges Parties acknowledge and agrees, and acknowledges its Affiliates’ understanding, that: agree that (a) (i) (A) the credit facility evidenced by this Agreement and any related arranging and or other services regarding this Agreement provided by the Agent, the Lead Arrangersany Lender, the L/C Issuers, the Swingline Lenders and the other Lenders any of their Affiliates or any arranger are arm’s-length commercial transactions between the Credit Parties and such Persons; (ii) Credit Parties have consulted their respective Affiliates, on the one hand, and the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, on the other hand, (B) each Credit Party has consulted its own legal, accounting, regulatory regulatory, and tax advisors to the extent it has they have deemed appropriate; and (iii) Credit Parties are capable of evaluating and understanding, and (C) each Credit Party is capable of evaluating, do understand and understands and acceptsaccept, the terms, risks risks, and conditions of the transactions contemplated hereby by this Agreement and by the other Loan Documents; (iib) (A) each of the Agent, the Lead ArrangersLenders, the L/C Issuers, the Swingline Lenders their Affiliates and the other Lenders each any arranger is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not beenconnection with this credit facility, is not, and will not be acting as an the financial advisor, agent agent, or fiduciary of, to, or for the Borrower, any other Credit Party or any of their respective Affiliates, Affiliates or any other Person and (B) neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any no obligation to the Borrower, any other Credit Party or any of their respective Affiliates with respect to the transactions contemplated hereby by this Agreement and the other Loan Documents except those obligations as expressly set forth herein and in the other Loan Documentsor therein; and (iiic) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, their Affiliates and their respective Affiliates any arranger may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower Credit Parties and its Affiliates, their Affiliates and neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any have no obligation to disclose any of such interests to the Borrower, any Credit Party or any of its Affiliatessuch Affiliate. To the fullest extent permitted by all Requirements of Law, each Credit Party hereby waives and releases any claims that it may have against the Agent, the Lead ArrangersLenders, the L/C Issuers, the Swingline Lender their Affiliates and the other Lenders any arranger with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated herebyby this Agreement or any other Loan Document.

Creditor-Debtor Relationship. The relationship between Agent, each Lender and each L/C Issuer, on the one hand, and the Credit Parties, on the other hand, is solely that of creditor and debtor. No Secured Party has any fiduciary relationship or duty to any Credit Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between the Secured Parties and the 121 Credit Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), each Credit Party acknowledges and agrees, and acknowledges its Affiliates’ understanding, that: (i) (A) the arranging and other services regarding this Agreement provided by the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders are arm’s-length commercial transactions between the Credit Parties and their respective Affiliates, on the one hand, and the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, on the other hand, (B) each Credit Party has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (C) each Credit Party is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (A) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for the Borrower, , any other Credit Party or any of their respective Affiliates, or any other Person and (B) neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any obligation to the Borrower, any other Credit Party or any of their respective Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iii) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower and its Affiliates, and neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any obligation to disclose any of such interests to the Borrower, or any of its Affiliates. To the fullest extent permitted by Requirements of Law, each Credit Party hereby waives and releases any claims that it may have against Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lender and the other Lenders with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.

Creditor-Debtor Relationship. The relationship between Agent, each Lender and each L/C Issuer, on the one hand, and the Credit Parties, on the other hand, is solely that of creditor and debtor. No Secured Party has any fiduciary relationship or duty to any Credit Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between the Secured Parties and the Credit Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated hereby (including in connection with by any amendment, waiver or other modification hereof or of any other Loan Document), each Credit Party acknowledges Parties acknowledge and agrees, and acknowledges its Affiliates’ understanding, that: agree that (a) (i) (A) the credit facility evidenced by this Agreement and any related arranging and or other services regarding this Agreement provided by the Agent, the Lead Arrangersany Lender, the L/C Issuers, the Swingline Lenders and the other Lenders any of their Affiliates or any arranger are arm’s-length commercial transactions between the Credit Parties and such Persons; (ii) Credit Parties have consulted their respective Affiliates, on the one hand, and the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, on the other hand, (B) each Credit Party has consulted its own legal, accounting, regulatory regulatory, and tax advisors to the extent it has they have deemed appropriate; and (iii) Credit Parties are capable of evaluating and understanding, and (C) each Credit Party is capable of evaluating, do understand and understands and acceptsaccept, the terms, risks risks, and conditions of the transactions contemplated hereby by this Agreement and by the other Loan Documents; (iib) (A) each of the Agent, the Lead ArrangersLC Issuer, the L/C IssuersLenders, the Swingline Lenders their Affiliates and the other Lenders each any arranger is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not beenconnection with this credit facility, is not, and will not be acting as an the financial advisor, agent agent, or fiduciary of, to, or for the Borrower, any other Credit Party or any of their respective Affiliates, Affiliates or any other Person and (B) neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any no obligation to the Borrower, any other Credit Party or any of their respective Affiliates with respect to the transactions contemplated hereby by this Agreement and the other Loan Documents except those obligations as expressly set forth herein and in the other Loan Documentsor therein; and (iiic) the Agent, the Lead ArrangersLC Issuer, the L/C Issuers, the Swingline Lenders and the other Lenders, their Affiliates and their respective Affiliates any arranger may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower Credit Parties and its Affiliates, their Affiliates and neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any have no obligation to disclose any of such interests to the Borrower, any Credit Party or any of its Affiliatessuch Affiliate. To the fullest extent permitted by all Requirements of Law, each Credit Party hereby waives and releases any claims that it may have against the Agent, the Lead ArrangersLC Issuer, the L/C IssuersLenders, the Swingline Lender their Affiliates and the other Lenders any arranger with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated herebyby this Agreement or any other Loan Document.

Creditor-Debtor Relationship. The relationship between Agent, each Lender and each L/C Issuer, on the one hand, and the Credit Parties, on the other hand, is solely that of creditor and debtor. No Secured Party has any fiduciary relationship or duty to any Credit Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between the Secured Parties and the Credit Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), each Credit Party acknowledges and agrees, and acknowledges its Affiliates’ understanding, that: (i) (A) the arranging and other services regarding this Agreement provided by the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders are arm’s-length commercial transactions between the Credit Parties and their respective Affiliates, on the one hand, and the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, on the other hand, (B) each Credit Party has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (C) each Credit Party is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (A) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for the Borrower, , any other Credit Party or any of their respective Affiliates, or any other Person and (B) neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any obligation to the Borrower, any other Credit Party or any of their respective Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iii) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower and its Affiliates, and neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any obligation to disclose any of such interests to the Borrower, or any of its Affiliates. To the fullest extent permitted by Requirements of Law, each Credit Party hereby waives and releases any claims that it may have against Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lender and the other Lenders with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.

Creditor-Debtor Relationship. The relationship between Agent, each Lender and each L/C Issuer, on the one hand, and the Credit Parties, on the other hand, is solely that of creditor and debtor. No Secured Party has any fiduciary relationship or duty to any Credit Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between the Secured Parties and the Credit Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or 117 other modification hereof or of any other Loan Document), each Credit Party acknowledges and agrees, and acknowledges its Affiliates’ understanding, that: (i) (A) the arranging and other services regarding this Agreement provided by the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders are arm’s-length commercial transactions between the Credit Parties and their respective Affiliates, on the one hand, and the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, on the other hand, (B) each Credit Party has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (C) each Credit Party is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (A) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for the Borrower, , any other Credit Party or any of their respective Affiliates, or any other Person and (B) neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any obligation to the Borrower, any other Credit Party or any of their respective Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iii) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower and its Affiliates, and neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders nor any Lender has any obligation to disclose any of such interests to the Borrower, or any of its Affiliates. To the fullest extent permitted by Requirements of Law, each Credit Party hereby waives and releases any claims that it may have against Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lender and the other Lenders with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.

Creditor-Debtor Relationship. The relationship between Agent, each Lender and each L/C Issuerthe Administrative Agent and/or the Lenders, on the one hand, and the Credit Loan Parties, on the other hand, is solely that of creditor and debtor. No Secured Party None of the Administrative Agent nor any Lender has any fiduciary relationship or duty to any Credit Loan Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between the Secured Parties Administrative Agent and/or any Lender and the Credit Loan Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), each Credit Borrower and each other Loan Party acknowledges and agrees, and acknowledges its Affiliates’ understanding, that: (i) (Aa)(i) the arranging and other services regarding this Agreement provided by the Agent, Administrative Agent and/or the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders any Affiliate thereof, are arm’s-length commercial transactions between the Credit Parties Borrowers, each other Loan Party and their respective Affiliates, on the one hand, and the AgentAdministrative Agent and/or the Lenders and, the Lead Arrangersas applicable, the L/C Issuers, the Swingline Lenders and the other Lenderstheir respective Affiliates, on the other hand, (Bii) each Credit Party of the Borrowers and the other Loan Parties has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (Ciii) each Credit Borrower and each other Loan Party is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (Ab)(i) the Administrative Agent, the Lead Arrangerseach Lender, the L/C Issuers, the Swingline Lenders and the other Lenders their respective Affiliates each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary fiduciary, for the any Borrower, any other Credit Loan Party or any of their respective Affiliates, or any other Person and (Bii) neither none of the Administrative Agent, the Lead Arrangersany Lender, the L/C Issuers, the Swingline Lenders nor any Lender of their respective Affiliates has any obligation to the any Borrower, any other Credit Loan Party or any of their respective Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iiic) the Administrative Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders, and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower Borrower, the other Loan Parties and its their respective Affiliates, and neither none of the Administrative Agent, the Lead Arrangersany Lender, the L/C Issuers, the Swingline Lenders nor any Lender of their respective Affiliates has any obligation to disclose any of such interests to the Borrower, any other Loan Party or any of its their respective Affiliates. To the fullest extent permitted by Requirements of Lawlaw, each Credit Borrower and each other Loan Party hereby waives and releases any claims that it may have against the Administrative Agent, the Lead Arrangers, the L/C Issuers, the Swingline each Lender and the other Lenders or any Affiliate thereof with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction transactions contemplated hereby.

Creditor-Debtor Relationship. The relationship between Agent, each Lender and each L/C IssuerXxxxxx, on the one hand, and the Credit Loan Parties, on the other hand, is solely that of creditor and debtor. No Secured Party has Xxxxxx does not have any fiduciary relationship or duty to any Credit Loan Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between the Secured Parties Lender and the Credit Loan Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), each Credit Borrower and each other Loan Party acknowledges and agrees, and acknowledges its Affiliates’ understanding, that: (i) (Aa)(i) the arranging and other services regarding this Agreement provided by the AgentLender and any Affiliate thereof, the Lead Arrangers, the L/C Issuers, the Swingline Lenders and the other Lenders are arm’s-length commercial transactions between the Credit Parties Borrowers, each other Loan Party and their respective Affiliates, on the one hand, and the AgentLender and, the Lead Arrangersas applicable, the L/C Issuers, the Swingline Lenders and the other Lendersits Affiliates, on the other hand, (Bii) each Credit Party of the Borrowers and the other Loan Parties has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (Ciii) each Credit Borrower and each other Loan Party is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (iib)(i) (A) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders Lender and the other Lenders its Affiliates each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary fiduciary, for the any Borrower, any other Credit Loan Party or any of their respective Affiliates, or any other Person and (Bii) neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders Lender nor any Lender of its Affiliates has any obligation to the any Borrower, any other Credit Loan Party or any of their respective Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iiic) the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders Lender and the other Lenders, and their respective its Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower Borrower, the other Loan Parties and its their respective Affiliates, and neither the Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lenders Lender nor any Lender of its Affiliates has any obligation to disclose any of such interests to the Borrower, any other Loan Party or any of its their respective Affiliates. To the fullest extent permitted by Requirements of Lawlaw, each Credit of the Borrower and each other Loan Party hereby waives and releases any claims that it may have against Agent, the Lead Arrangers, the L/C Issuers, the Swingline Lender and the other Lenders or any Affiliate thereof with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction transactions contemplated hereby.