Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, any Lender or any Issuer undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 8 contracts
Samples: Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Swingline Lender, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the any Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the any Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer no Indemnitee shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Indemnitee shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it 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. The provisions of this Section 9.9 shall survive the termination of this Agreement.
Appears in 6 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idacorp Inc), Credit Agreement (Idaho Power Co)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the Borrower’s Borrowers’ business or operations. The Borrower agrees Borrowers agree that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that the Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on the Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.
Appears in 6 contracts
Samples: Credit Agreement (Polaris Industries Inc/Mn), Credit Agreement (Polaris Industries Inc/Mn), Credit Agreement (Polaris Industries Inc/Mn)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, of or in any way related to, 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 party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, of or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 5 contracts
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 5 contracts
Samples: Assignment Agreement (State Auto Financial Corp), Assignment Agreement (Ipc Holdings LTD), Credit Agreement (Clark/Bardes Holdings Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 5 contracts
Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Actuant Corp), Credit Agreement (Gulf Island Fabrication Inc)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower borrowers and lender. None of Neither the Administrative Agent, the either Arranger, any Lender or nor any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of Neither the Administrative Agent, the either Arranger, any Lender or nor any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the any Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the either Arranger, any Lender or nor any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the either Arranger, any Lender or nor any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 5 contracts
Samples: Credit Agreement (Bemis Co Inc), Assignment and Assumption (Bemis Co Inc), Credit Agreement (Bemis Co Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 5 contracts
Samples: Credit Agreement (Rli Corp), Credit Agreement (Sei Corp), Credit Agreement (Rli Corp)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Assignment Agreement (Franklin Covey Co), Credit Agreement (Roundys Inc), Credit Agreement (Ennis Business Forms Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Credit Agreement (Commonwealth Edison Co), Credit Agreement (Ipc Holdings LTD), Credit Agreement (Unifab International Inc)
Nonliability of Lenders. The relationship hereunder and under the other Loan Documents between the Borrower Borrowers on the one hand and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower borrowers and lender. None of Neither the Administrative Agent, the any Lead Arranger, any Lender or nor any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers under this Agreement or any other Loan Document. None of Neither the Administrative Agent, the any Lead Arranger, any Lender or nor any Issuer undertakes any responsibility to the any Borrower under this Agreement or any other Loan Document to review or inform the any Borrower of any matter in connection with any phase of the any Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the any Lead Arranger, any Lender or nor any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the any Lead Arranger, any Lender or nor any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Assignment Agreement (Madison Gas & Electric Co), Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Ch Energy Group Inc)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower 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 party from which recovery is sought. None of the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Mge Energy Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Assignment Agreement (Washington Gas Light Co), Assignment Agreement (WGL Holdings Inc), Assignment Agreement (Washington Gas Light Co)
Nonliability of Lenders. The relationship between the Borrower on ----------------------- the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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-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. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (Luiginos Inc), Credit Agreement (Qad Inc), Credit Agreement (Transit Group Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, of or in any way related to, 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, of or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that the Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on the Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.
Appears in 3 contracts
Samples: Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (Viad Corp), Credit Agreement (Viad Corp), Credit Agreement (Moneygram International Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Assignment Agreement (Aetna Industries Inc), Assignment Agreement (Aetna Industries Inc), Credit Agreement (Miller Mechanical Contractors Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Loan Agreement (Myers Industries Inc), Loan Agreement (Myers Industries Inc), Loan Agreement (Myers Industries Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co), Credit Agreement (SCP Pool Corp)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: 364 Day Credit Agreement (Nationwide Financial Services Inc/), Year Credit Agreement (Nationwide Financial Services Inc/), Five Year Credit Agreement (Nationwide Financial Services Inc/)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (Magnetek Inc), Assignment Agreement (Gpu Inc /Pa/), Credit Agreement (BJS Wholesale Club Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (First American Corp /Tn/), Credit Agreement (Roadway Corp), Assignment Agreement (Pioneer Standard Electronics Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 negligence, bad faith or willful misconduct of, or breach of the Loan Documents by, the party from which recovery is sought. None of sought or any dispute solely between or among the Administrative Agent, the ArrangerArrangers, the LC Issuer and/or any Lender and not involving the Borrower, the Sponsors or their respective Affiliates. Neither the Administrative Agent, the Arrangers, the LC Issuer nor any Issuer Lender shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be is solely that of borrower and lender. None of the Administrative Neither Agent, the Arranger, nor any Lender or any Issuer shall have has any fiduciary responsibilities to the Borrower. None any of the Administrative Borrowers. Neither Agent, the Arranger, nor any Lender or any Issuer undertakes any responsibility to any of the Borrower Borrowers to review or inform any of the Borrower Borrowers of any matter in connection with any phase of the BorrowerCompany’s business or operations. The Borrower agrees Borrowers agree that none of the Administrative neither Agent, the Arranger, nor any Lender or any Issuer shall have has liability to any of the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by any of the Borrower Borrowers suffers 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 therewithwith the Loan Documents, 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. None of the Administrative Neither Agent, the Arranger, nor any Lender or any Issuer shall have has any liability with respect to, and the each Borrower hereby waives, releases releases, and agrees not to xxx for, any special, indirect indirect, consequential, or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated therebythey contemplate. No Arranger, in its capacity as such, has any duties or responsibilities under any Loan Document. Each Lender acknowledges that it has not relied and will not rely on any Arranger in deciding to enter into this Agreement or any other Loan Document or in taking or not taking any action.
Appears in 3 contracts
Samples: Credit Agreement (Life Time Fitness, Inc.), Credit Agreement (Life Time Fitness, Inc.), Credit Agreement (Life Time Fitness, Inc.)
Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lenderlenders. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (Superior Energy Services Inc), Assignment Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerArrangers, nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, punitive or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (WGL Holdings Inc), Credit Agreement (WGL Holdings Inc), Credit Agreement (WGL Holdings Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 except to the extent it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or material breach of any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent Issuers nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, punitive, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents Documents, the Transactions or the other transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (DIEBOLD NIXDORF, Inc), Credit Agreement (DIEBOLD NIXDORF, Inc), Credit Agreement (Diebold Inc)
Nonliability of Lenders. The relationship between the Borrower Company on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Lead Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerCompany solely by reason of being a party to this Agreement. None of Neither the Administrative Agent, the Arranger, Lead Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower Company to review or inform the Borrower Company of any matter in connection with any phase of the Borrower’s Company's business or operations. The Borrower Company agrees that none of neither the Administrative Agent, the Arranger, Lead Arranger nor any Lender or any Issuer shall have liability to the Borrower Company (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Lead Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Company hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower Company in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Assignment Agreement (Cardinal Health Inc), Day Credit Agreement (Cardinal Health Inc), 1 (Cardinal Health Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Facility 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. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, punitive or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Facility Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (Navigators Group Inc), Assignment Agreement (Navigators Group Inc), Credit Agreement (Navigators Group Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any liability to the Borrower with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, Agent or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, Agent or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, Agent or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 except to the extent determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from jurisdiction. Neither the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer nor the Borrower shall have any liability with respect to, and the Borrower (with respect to the Agent, the Arranger and each Lender) and the Agent, the Arranger and each Lender (with respect to the Borrower) hereby waives, releases and agrees not to xxx for, for any special, indirect or consequential damages suffered by the Borrower any such party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, any Lender or any the Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Year Credit Agreement (Kansas City Power & Light Co), Day Credit Agreement (Kansas City Power & Light Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 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. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential punitive damages suffered xxffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Applebees International Inc), Revolving Credit Agreement (Applebees International Inc)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Corrpro Companies Inc /Oh/), Credit Agreement (Corrpro Companies Inc /Oh/)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Modine Manufacturing Co), Credit Agreement (Modine Manufacturing Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Ratable Note (Amli Residential Properties Trust), Credit Agreement (Amli Residential Properties Trust)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the any Borrower. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Atlantic City Electric Co), Credit Agreement (Pepco Holdings Inc)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall will, to the extent that relationship is the subject of this Agreement, be solely that of borrower borrowers and lenderlenders. None of Neither the Administrative Agent, the ArrangerSyndication Agents, the LC Issuer nor any Lender or any Issuer shall will have any fiduciary responsibilities to the BorrowerCredit Parties. None of Neither the Administrative Agent, the ArrangerSyndication Agent, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower Credit Parties to review or inform the Borrower Credit Parties of any matter in connection with any phase of the Borrower’s Credit Parties’ business or operations. The Borrower agrees Credit Parties agree that none of neither the Administrative Agent, the ArrangerSyndication Agent, the LC Issuer nor any Lender or any Issuer shall will have liability to the Borrower Credit Parties (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Credit Parties 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 party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerSyndication Agent, the LC Issuer nor any Lender or any Issuer shall will have any liability with respect to, and the Borrower Credit Parties hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by the Borrower Credit Parties in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Senior Credit Agreement (Unit Corp), Senior Credit Agreement (Unit Corp)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, any Lender or any nor the Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Great Plains Energy Inc), Credit Agreement (Kansas City Power & Light Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any LC Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any LC Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any LC Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any LC Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Ryland Group Inc), Credit Agreement (Ryland Group Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Facility 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. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, punitive or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Facility Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Assignment Agreement (Navigators Group Inc), Assignment Agreement (Navigators Group Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 in a final and non-appealable order that such losses resulted from the gross negligence or willful wilful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Diebold Inc), Credit Agreement (Diebold Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer parties hereto shall have any liability with respect to, and the Borrower each party hereto hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower any such party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Headwaters Inc), Credit Agreement (Headwaters Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Encore Capital Group Inc), Credit Agreement (Res Care Inc /Ky/)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Revolving Credit Agreement (DPL Inc), Credit Agreement (Moneygram International Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 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. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Applebees International Inc), Assignment Agreement (Applebees International Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages consequentiax xamages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.. 9.11
Appears in 2 contracts
Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Swingline Lender, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer no Indemnitee shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Indemnitee shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it 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. The provisions of this Section 9.10 shall survive the termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Day Credit Agreement (Nationwide Financial Services Inc/), Credit Agreement (Nationwide Financial Services Inc/)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lenderlenders. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Assignment Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuing Lender and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is soughtsought or any affiliate of such party. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 negligence, bad faith or willful misconduct of, or breach of the Loan Documents by, the party from which recovery is sought. None of sought or any dispute solely between or among the Administrative Agent, the Arranger, the LC Issuer and/or any Lender and not involving Holdco, the Borrower, the Sponsors or their respective Affiliates. Neither the Administrative Agent, the Arranger, the LC Issuer nor any Issuer Lender shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, 105 arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none shall rely entirely upon its own judgment with respect to its business, and any review, inspection or supervision of, or information supplied to the Borrower by the Administrative Agent or the Lenders is for the protection of the Administrative Agent, Agent and the Arranger, Lenders and neither the Borrower nor any other Person is entitled to rely thereon. The Borrower agrees that neither the Administrative Agent nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any punitive, special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated therebythereby or the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith.
Appears in 2 contracts
Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered suxxxred by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Potomac Electric Power Co), Credit Agreement (Atlantic City Electric Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuers, and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the any Arranger, any LC Issuer, nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the any Arranger, any LC Issuer, nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the any Arranger, any LC Issuer, nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is soughtsought or any related Person. None of Neither the Administrative Agent, the any Arranger, any Lender LC Issuer, any Lender, the Borrower or any Issuer Subsidiary Guarantor shall have any liability with respect to, and the Borrower each such Person hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower it in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Tesoro Corp /New/), Credit Agreement (Tesoro Corp /New/)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the any Arranger, any LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the any Arranger, any LC Issuer nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the any Arranger, any LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the any Arranger, any LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that each Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on any Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.
Appears in 2 contracts
Samples: Credit Agreement (Extra Space Storage Inc.), Credit Agreement (Extra Space Storage Inc.)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, of or in any way related to, 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, of or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Lancaster Colony Corp), Credit Agreement (Lancaster Colony Corp)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers L/C Issuer and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, any Lender or any the L/C Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative AgentAgents, the Arranger, any Lender or any the L/C Issuer undertakes any 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. The Borrower agrees that none of the Administrative AgentAgents, the Arranger, any Lender or any the L/C Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 (x) it is determined in a final 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 soughtsought or (y) such losses result from a claim brought by the Borrower against the Agents, any Lender or the L/C Issuer for breach in bad faith of such Person’s funding obligations hereunder or under any other Loan Document, if the Borrower has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction. None of the Administrative AgentAgents, the Arranger, any Lender or any the L/C Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages (as opposed to direct or actual damages) suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Walgreen Co), Credit Agreement (Walgreen Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 except to the extent it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or material breach of any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent Issuers nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, punitive, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents Documents, the Transactions or the other transactions contemplated thereby.. 146
Appears in 2 contracts
Samples: Credit Agreement (Diebold Inc), Credit Agreement (Diebold Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, any Lender or any Issuer undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative either Agent, the either Arranger, any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative either Agent, the either Arranger, any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative either Agent, the either Arranger, any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative either Agent, the either Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Kansas City Power & Light Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative AgentAgents, the Arranger, Arrangers nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative AgentAgents, the Arranger, Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative AgentAgents, the Arranger, Arrangers nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative AgentAgents, the Arranger, Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Houghton Mifflin Co), Year Credit Agreement (Houghton Mifflin Co)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the any Borrower. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Baltimore Gas & Electric Co), Credit Agreement (Pepco Holdings Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 in a final and non-appealable order that such losses resulted from the gross negligence or willful wilful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Diebold Inc), Credit Agreement (Diebold Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by the xxe Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (State Auto Financial Corp), Credit Agreement (State Auto Financial Corp)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the Borrower’s Borrowers’ business or operations. The Borrower agrees Borrowers agree that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases release and agrees agree not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that the Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on the Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.
Appears in 2 contracts
Samples: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the any Borrower’s 's business or operations. The Borrower agrees Borrowers agree that none of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers 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 final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct or breach of the obligations under the Loan Documents of the party from which recovery is sought. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential damages suffered punitive damagex xuffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between each of the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the any Borrower’s business or operations. The Borrower Each of the Borrowers agrees that none of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any liability with respect to, and each of the Borrower Borrowers hereby waives, releases and agrees not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the any Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Swingline Lender, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer no Indemnitee shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Indemnitee shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it 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. The provisions of this Section 0 shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Idacorp Inc)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Fronting Banks and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the any Arranger, any Lender or nor any Issuer Fronting Bank shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the any Arranger, any Lender or nor any Issuer Fronting Bank undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the any Arranger, any Lender or nor any Issuer Fronting Bank shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the any Arranger, any Lender or nor any Issuer Fronting Bank shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Assignment Agreement (Nationwide Financial Services Inc/)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the LC Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the ArrangerArrangers, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of the Administrative AgentAgents, the ArrangerArrangers, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the any Borrower’s business or operations. The Borrower agrees Borrowers agree that none of the Administrative AgentAgents, the ArrangerArrangers, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers 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 final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct or breach of the obligations under the Loan Documents of the party from which recovery is sought. None of the Administrative AgentAgents, the ArrangerArrangers, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Tesoro Trading Co)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential punitive damages suffered suffxxxd by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. . The relationship between the Borrower on the one hand and the Lenders, the Swingline Lender, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer no Indemnitee shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Indemnitee shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it 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. The provisions of this Section 9.10 shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Idacorp Inc)
Nonliability of Lenders. The relationship between the Borrower Company on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerLead Arrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerCompany solely by reason of being a party to this Agreement. None of Neither the Administrative Agent, the ArrangerLead Arrangers, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower Company to review or inform the Borrower Company of any matter in connection with any phase of the BorrowerCompany’s business or operations. The Borrower Company agrees that none of neither the Administrative Agent, the ArrangerLead Arrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower Company (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerLead Arrangers, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Company hereby waives, releases and agrees not to xxx sxx for, any special, indirect or consequential damages suffered by the Borrower Company in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the Borrower. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lenderlenders. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documentsthis Agreement, 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. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents this Agreement or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Bemis Co Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuing Lender and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is soughtsought or any affiliate of such party. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Arranger or any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the any Borrower. None of the Administrative Agent, the Arranger, any Arranger or any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of the Administrative Agent, the Arranger, any Arranger or any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower 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 party from which recovery is sought. None of the Administrative Agent, the Arranger, any Arranger or any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.. 9.11
Appears in 1 contract
Samples: Credit Agreement (Atlantic City Electric Transition Funding LLC)
Nonliability of Lenders. The relationship between the Borrower Company on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Lead Arrangers nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerCompany solely by reason of being a party to this Agreement. None of Neither the Administrative Agent, the Arranger, Lead Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower Company to review or inform the Borrower Company of any matter in connection with any phase of the Borrower’s Company's business or operations. The Borrower Company agrees that none of neither the Administrative Agent, the Arranger, Lead Arrangers nor any Lender or any Issuer shall have liability to the Borrower Company (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Lead Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Company hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Company in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Nationwide Financial Services Inc/)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Agent and the Administrative Collateral Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Collateral Agent nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Collateral Agent nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought, or with respect to the liability of any Lender, from the failure of such Lender to fund a Loan when required under the terms -54- 61 of this Agreement. None of Neither the Administrative Agent, the Arranger, Collateral Agent nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the LC Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the any Borrower’s business or operations. The Borrower agrees Borrowers agree that none of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers 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 final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct or breach of the obligations under the Loan Documents of the party from which recovery is sought. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases and agrees not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Year Revolving Credit Agreement (Acuity Brands Inc)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuers, and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any LC Issuer, nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, any LC Issuer, nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, any LC Issuer, nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, any LC Issuer, nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender LC Issuer or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, any Lender LC Issuer or any Issuer Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender LC Issuer or any Issuer Lender shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 solely from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender LC Issuer or any Issuer Lender shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability to the Borrower with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Chemed Corp)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential punitive damages suffered suffxxxd by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Arranger and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer undertakes any 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. The Borrower agrees that none of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 except to the extent determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from jurisdiction. Neither the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer nor the Borrower shall have any liability with respect to, and the Borrower (with respect to the Agent, the Arranger and each Lender) and the Agent, the Arranger and each Lender (with respect to the Borrower) hereby waives, releases and agrees not to xxx for, for any special, indirect or consequential damages suffered by the Borrower any such party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby; provided, that this sentence shall in no way diminish the Borrower’s indemnification obligations under Section 9.6.
Appears in 1 contract
Samples: Credit Agreement (Portland General Electric Co /Or/)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, nor any the Arranger, any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan DocumentsPapers, 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. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents Papers or the transactions contemplated thereby.
Appears in 1 contract
Samples: Revolving Credit Agreement (Bok Financial Corp Et Al)
Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect indirect, consequential or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.punitive
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Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the any Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the Borrower. None of Neither the Administrative Agent, the any Arranger, the LC Issuer nor any Lender or any Issuer undertakes any 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. The Borrower agrees that none of neither the Administrative Agent, the any Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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 party from which recovery is sought. None of Neither the Administrative Agent, the any Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
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Samples: Credit Agreement (Vectren Corp)
Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of the Administrative Agent, the Arranger, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the any Borrower’s 's business or operations. The Borrower agrees Borrowers agree that none of the Administrative Agent, the Arranger, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers 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 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. None of the Administrative Agent, the Arranger, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential punitive damages suffered xxxfered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
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Nonliability of Lenders. The relationship between the Borrower on the ----------------------- one hand and the Lenders, the Issuers Lenders and the Administrative Post-Petition Agent on the other hand shall be solely that of borrower and lenderlender (and agent for the lenders). None of the Administrative Agent, the Arranger, Neither any Agent nor any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the Borrower. None of the Administrative Agent, the Arranger, Neither any Agent nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, neither any Agent nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, 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 solely from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, Neither any Agent nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower or any of its Subsidiaries in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
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Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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-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. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any xny special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
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Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower 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-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. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
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