No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other and nothing herein shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Collateral Manager’s relation to the Issuer shall be deemed to be solely that of an independent contractor.
Appears in 23 contracts
Samples: Collateral Management Agreement (Blue Owl Capital Corp), Collateral Management Agreement (Owl Rock Capital Corp), Collateral Management Agreement (Owl Rock Capital Corp)
No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other other, and nothing herein shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Collateral Manager’s relation to the Issuer shall be deemed to be solely that of an independent contractorcontractor and not a general agent. Except as expressly provided in this Agreement and in the Indenture, the Collateral Manager shall not have authority to act for or represent the Issuer in any way and shall not otherwise be deemed to be the Issuer’s agent.
Appears in 12 contracts
Samples: Collateral Management Agreement (TPG RE Finance Trust, Inc.), Collateral Management Agreement (Gramercy Capital Corp), Collateral Management Agreement (Lument Finance Trust, Inc.)
No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other and nothing herein shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Collateral Manager’s relation to Manager shall be deemed, for all purposes herein, an independent contractor and shall, unless otherwise expressly provided herein or authorized by the Issuer shall from time to time, have no authority to act for or represent the Issuer in any way or otherwise be deemed to be solely that an agent of an independent contractorthe Issuer.
Appears in 5 contracts
Samples: Collateral Management Agreement (Taberna Realty Finance Trust), Collateral Management Agreement (Taberna Realty Finance Trust), Collateral Management Agreement (Taberna Realty Finance Trust)
No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other and nothing herein shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Collateral Manager’s relation to the Issuer Manager shall be be, for all purposes herein, deemed to be solely that of an independent contractorcontractor and shall, unless otherwise expressly provided herein or authorized by the Issuer from time to time, have no authority to act for or represent the Issuer in any way or otherwise be deemed an agent of the Issuer.
Appears in 4 contracts
Samples: Collateral Management Agreement (Carlyle GMS Finance, Inc.), Collateral Management Agreement (FS Investment Corp II), Collateral Management Agreement (FS Investment CORP)
No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other and nothing herein shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Collateral Manager’s relation to the Issuer shall be deemed to be solely that of an independent contractorcontractor and the Collateral Manager shall not have a fiduciary duty to the Issuer hereunder.
Appears in 2 contracts
Samples: Collateral Management Agreement (CBRE Realty Finance Inc), Collateral Management Agreement (CBRE Realty Finance Inc)
No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other and nothing herein shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Collateral Manager’s 's relation to the Issuer shall be deemed to be solely that of an independent contractor.
Appears in 1 contract
Samples: Collateral Management Agreement (Pilgrim America Capital Corp)
No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other other, and nothing herein shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Collateral Manager’s relation to the Issuer Manager shall be be, for all purposes herein, deemed to be solely that of an independent contractor.
Appears in 1 contract
Samples: Collateral Management Agreement (HPS Corporate Lending Fund)
No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other other, and nothing herein shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Collateral Manager’s relation to the Issuer shall be deemed to be solely that of an independent contractorcontractor and not a general agent. Except as expressly provided in this Agreement, the Servicing Agreement and in the Indenture, the Collateral Manager shall not have authority to act for or represent the Issuer in any way and shall not otherwise be deemed to be the Issuer’s agent.
Appears in 1 contract
Samples: Collateral Management Agreement (Capitalsource Inc)
No Partnership or Joint Venture. The Issuer and the Collateral Manager are not partners or joint venturers with each other and nothing herein shall be construed to make them such partners or joint venturers or to impose any liability as such on either of them. The Collateral Manager’s relation to the Issuer shall be deemed to be solely that of an independent contractor, and not an agent.
Appears in 1 contract
Samples: Collateral Management Agreement (TPG RE Finance Trust, Inc.)
