Nonliability of Bank. Borrower acknowledges and agrees that:
Nonliability of Bank. The relationship between the Borrower and the Bank shall be solely that of borrower and lender. The Bank shall not have any fiduciary responsibilities to the Borrower. The Bank undertakes no responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower's business or operations.
Nonliability of Bank. Company acknowledges and agrees that:
Nonliability of Bank. The relationship between the Company, on the one hand, and the Banks, the LC Issuer and the Agent, on the other hand, shall be solely that of borrower and lender. Neither the Agent, the Arranger, the LC Issuer nor any Bank shall have any fiduciary responsibilities to the Company. Neither the Agent, the Arranger, the LC Issuer nor any Bank undertakes any responsibility to the Company to review or inform the Company of any matter in connection with any phase of the Company's business or operations. The Company shall rely entirely upon its own judgment with respect to its business, and any review, inspection, supervision or information supplied to the Company by the Banks is for the protection of the Banks and neither the Company nor any third party is entitled to rely thereon. The Company agrees that neither the Agent, the Arranger, the LC Issuer nor any Bank shall have liability to the Company (whether sounding in tort, contract or otherwise) for losses suffered by the Company in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Credit Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. Neither the Agent, the Arranger, the LC Issuer nor any Bank shall have any liability with respect to, and the Company hereby waives, releases and agrees not to xxx for, any special, indirect, consequential or punitive damages suffered by the Company in connection with, arising out of, or in any way related to the Credit Documents or the transactions contemplated thereby.
Nonliability of Bank. The relationship between the Borrower, on the -------------------- one hand, and the Bank, on the other, shall be solely that of borrower and lender. The Bank shall have no fiduciary responsibilities to the Borrower. The Bank does not undertake responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower's business or operations.
Nonliability of Bank. The relationship between Borrower and Bank is, and shall at all times remain, solely that of borrower and lender, and Bank neither undertakes nor assumes any responsibility or duty to Borrower to review, inspect, supervise, pass judgment upon, or inform Borrower of any matter in connection with any phase of Borrower's business, operations, or condition, financial or otherwise. Borrower shall rely entirely upon their own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment, or information supplied to Borrower by Bank in connection with any such matter is for the protection of Bank, and neither Borrower nor any third party are entitled to rely thereon.
Nonliability of Bank. The relationship between the Company on -------------------- the one hand and the Bank on the other hand shall be solely that of borrower and lender. The Bank shall not have any fiduciary responsibility to the Company. The Bank does not undertake any responsibility to the Company to review or inform the Company of any matter in connection with any phase of the Company's business or operations. The Company agrees that the Bank shall have no liability to the Company (whether sounding in tort, contract or otherwise) for losses suffered by the Company in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the Bank. The Bank shall have no liability with respect to, and the Company hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Company in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Nonliability of Bank. Bank acknowledges and agrees that:
Nonliability of Bank. The relationship between Borrower and Bank is, -------------------- and shall at all times remain, solely that of borrower and lender, and Bank neither undertakes nor assumes any responsibility or duty to Borrower to review, inspect, supervise, pass judgment upon, or inform Borrower of any matter in connection with any phase of Borrower's business, operations, or condition, financial or otherwise. Borrower shall rely CREDIT AGREEMENT - Page 11 ---------------- entirely upon its own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment, or information supplied to Borrower by Bank in connection with any such matter is for the protection of Bank, and neither Borrower nor any third party is entitled to rely thereon.
Nonliability of Bank. 40 15.12 COUNTERPARTS...................................................................................40 EXHIBITS TO LOAN AGREEMENT EXHIBIT NO. EXHIBIT DESCRIPTION ----------- ------------------- 1.9 FORM OF BORROWING BASE CERTIFICATE 1.26 FORM OF JB TOOL SECURITY AGREEMENT 1.37 PERMITTED LIENS 1.43 DESCRIPTION OF THE REAL PROPERTY 1.46 FORM OF REVOLVING NOTE 1.47 FORM OF SECURITY AGREEMENT 2.1.1 AUTHORIZED PERSONS 2.1.1.2 LIBOR LOAN REQUEST FORM 4.1.3 FORM OF GUARANTY 4.1.5 FORM OF OPINION OF COUNSEL FOR BORROWER AND GUARANTORS 4.1.11 FORM OF LETTER TO ACCOUNTANTS 5.5 LITIGATION
