No Lender Sample Clauses

No Lender s obligation to make any Advance will be affected by any other Lender's failure to make funds available for the same or any other Borrowing, nor will any Lender be liable for the failure of any other Lender to fulfill an obligation to make any Advance.

No Lender. Finance Party shall be entitled to any additional fees from the Borrower in connection with the implementation of a lease financing structure.

No Lender. Related Person shall be liable, and each Borrower agrees not to assert and hereby waives, any claim against any Lender-Related Person, on any theory of liability, for any Liabilities arising from the use by others of any information or other materials (including any personal data) distributed through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby (including the internet and Approved Electronic Platform), except to the extent resulting from (i) the gross negligence, bad faith or willful misconduct of such Lender-Related Person or (ii) the material breach by such Lender-Related Person of its agreements hereunder or under the other Loan Documents (it being agreed, however, that no such breach shall be deemed to occur as a result of any reasonable assertion in good faith by any Lender-Related Person that any condition to any of its obligations hereunder has not been satisfied), in each case, as determined by a final non-appealable judgment of a court of competent jurisdiction.

No Lender shall sell any participation interest in its commitment hereunder or any of its rights under its Loans or under the Loan Documents to any Person unless the agreement between such Lender and such participant at all times provides: (i) that such participation exists only as a result of the agreement between such participant and such Lender and that such transfer does not give such participant any right to vote as a Lender or any other direct claims or rights against any Person other than such Lender, (ii) that such participant is not entitled to payment from any Restricted Person under Sections 3.2 through 3.7 of amounts in excess of those payable to such Lender under such sections (determined without regard to the sale of such participation), and (iii) unless such participant is an Affiliate of such Lender, that such participant shall not be entitled to require such Lender to take any action under any Loan Document or to obtain the consent of such participant prior to taking any action under any Loan Document, except for actions which would require the consent of all Lenders under subsection (a) of Section 10.1. No Lender selling such a participation shall, as between the other parties hereto and such Lender, be relieved of any of its obligations hereunder as a result of the sale of such participation. Each Lender which sells any such participation to any Person (other than an Affiliate of such Lender) shall give prompt notice thereof to Administrative Agent and Borrower; provided, however, that no liability shall arise if any Lender fails to give such notice to Borrower.